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OE Companion Discussion Group

Discussion: The Department acknowledges the arguments lifted by many commenters that the Department must mandate a preponderance of the proof regular in Title IX proceedings for factors together with fairness, regularity with civil litigation, and consistency with other civil legal rights guidelines which include Title VI and Title VII. Even as to techniques in which a Title IX grievance system is very similar to civil litigation, both of those benchmarks of evidence (the preponderance of the proof typical and the distinct and convincing evidence standard) are applied in a variety of kinds of civil litigation. The preponderance of the proof standard, and the apparent and convincing evidence typical, every are made use of in numerous civil and administrative proceedings. As to the sufficiency of proof to fulfill a obvious and convincing proof common, the Department appreciates the prospect to explain that neither the preponderance of the proof regular, nor the obvious and convincing evidence normal, demands corroborating evidence. The selection-maker can access a determination relating to obligation underneath a preponderance of the proof conventional, or a obvious and convincing evidence conventional, centered on aim evaluation of occasion statements, with or without the need of evidence that corroborates both party's statements.