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§ 106.45(b)(6)(i) results in a "draconian" rule that excludes even pertinent, reliable statements, a end result that is specially unfair in light-weight of the fact that recipients do not have subpoena powers to compel functions and witnesses to show up at hearings.

The functions should really have the possibility to argue that proof immediately linked to the alle***s is in fact suitable (and not or else barred from use below § 106.45), and events will not have a robust chance to do this if proof related to the alle***s is withheld from the events by the investigator.
If a campus protection authority, having said that, does not have authority to institute corrective actions on behalf of the receiver with respect to ***ual harassment or alle***s of ***ual harassment, then discover of ***ual harassment or alle***s of ***ual harassment to that of***ial would not constitute true awareness to the recipient.
The Department believes that the suitable to inspect all evidence instantly relevant to the alle***s is an vital procedural right for both get-togethers, in order for a respondent to present a protection and for a complainant to present expl***tions why the respondent ought to be observed responsible.
The Department therefore thinks it is signi***ant that at the stage of the investi*** where the functions have the possibility to assessment and respond to evidence, the universe of that exchanged evidence ought to involve all proof (inculpatory and exculpatory) that relates to the alle***s less than investi***, without the investigator obtaining screened out proof connected to the alle***s that the investigator does not believe that is relevant.


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