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OE Companion Discussion Group

The Department thinks that offering prepared notice of the allegations to the two functions equally rewards complainants soon after a recipient gets a formal criticism, a complainant positive aspects from observing and knowledge how the receiver has framed the allegations so that the complainant can prepare to participate in the grievance course of action in techniques that greatest progress the complainant's pursuits in the circumstance. The Department disagrees that the warning about penalties for building untrue statements (if these kinds of a prohibition exists in the recipient's code of carry out) is directed only to complainants this sort of a warning is for the profit of each functions so that if the recipient has decided on to make a prohibition towards fake statements component of the recipient's code of perform, both equally get-togethers are on detect that the § 106.45 grievance process likely implicates that provision of the recipient's code of perform. If, on the other hand, a recipient's own code of conduct does reference producing wrong statements all through a college disciplinary proceeding then the Department believes that both functions are worthy of to know that their college, university, or university has these a provision that could issue possibly party to likely university discipline as a end result of participation in the Title IX grievance approach.