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OE Companion Discussion Group

Rather, the scope of the "offered to verify consent" exception is decided in aspect by a recipient's definition of consent, which may possibly be wide or slender at the recipient's discretion. Because of the versatility recipients have under these final restrictions to adopt a definition of consent, the Department disagrees that the scope of the second exception to the rape defend protections is as well wide or favors respondents. The Department thinks these provisions work persistently and logically as portion of the § 106.45 grievance approach, less than which all evidence is evaluated for regardless of whether it is specifically linked to the allegations, evidence summarized in the investigative report ought to be applicable, and proof (and inquiries) offered in front of, and regarded by, the decision-maker need to be suitable. As observed above, this implies that in which § 106.45(b)(5)(vi) demands review and inspection of proof "directly relevant to the allegations" that universe of evidence is not screened for relevance, but rather is measured by whether or not it is "directly connected to the allegations." However, the investigative report must Start Printed Page 30354 summarize "relevant" proof, and hence at that position the rape shield protections would utilize to preclude inclusion in the investigative report of irrelevant proof. The ultimate restrictions permit exchange of all proof "directly associated to the allegations in a formal complaint" for the duration of the investigation, but require the investigator to only summarize "relevant" proof in the investigative report (which would exclude sexual record information and facts considered by these ultimate regulations to be "not relevant"), and demand the decision-maker to objectively assess only "relevant" proof throughout the listening to and when achieving the perseverance with regards to duty.