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Although it is legitimate that civil litigation frequently employs preponderance of the proof, and that Title IX grievance procedures are analogous to civil litigation in several strategies, it is also legitimate that Title IX grievance processes absence selected capabilities that boost reliability in civil litigation. The Department does not think it would be proper to impose a preponderance prerequisite in the absence of all of the attributes of civil litigation that are made to market dependability and fairness. The Department proposes that wherever a recipient gives an attraction, these enchantment really should be equally accessible to both equally functions, reflecting that every single bash has an critical stake in the trustworthiness of the result. Likewise, the Department thinks that in mild of the because of process and trustworthiness protections afforded less than the proposed regulations, it could be reasonable for recipients to pick the preponderance common in its place of the very clear and convincing common, and consequently, it is suitable for the Department to give them the overall flexibility to do so
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