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OE Companion Discussion Group

Thus, a recipient is not necessary to "drop the issue" or demanded to achieve a non-accountability obtaining whenever a complainant refuses to look or be cross-examined somewhat, the decision-maker may proceed to objectively examine the evidence that remains (excluding the non-appearing party's statements) and attain a perseverance regarding accountability. The ultimate restrictions do not preclude a receiver from outsourcing its investigative and adjudicative tasks underneath these ultimate restrictions, but the Department declines to call for recipients to do so, and the recipient remains accountable for compliance with these last restrictions regardless of whether a receiver fulfills its obligations by using its individual personnel or by employing exterior contractors. To the extent that a conflict cannot be settled, the ultimate laws control. For even further discussion of conflict with State rules, see the discussion in the "Section 106.6(h) Preemptive Effect" subsection of the "Clarifying Amendments to Existing Regulations" section of this preamble. Commenters asserted that obtaining to conduct two independent processes would be uncomfortable, puzzling, and probably in conflict with one another. Commenters asserted this would have unpredictable consequences, these kinds of as universities perhaps acquiring to carry out two individual investigatory or grievance methods, in get to comply with both equally the proposed rules and State law. Whether sexual harassment entails two persons or additional is not pertinent to the concern of which procedures use even so, in reaction to commenters who puzzled how multi-get together cases could be dealt with, the last restrictions increase § 106.45(b)(4) supplying recipients discretion to consolidate official grievances wherever allegations come up from the identical points and circumstances, so that a one grievance procedure might entail many complainant and/or multiple respondents.