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Many commenters contended that mediation is categorically inappropriate in sexual assault cases,
even on a voluntary foundation, simply because of
the electrical power differential involving
assailants and victims, the possible for re-traumatization by acquiring to deal with the attacker all over again, the implication that survivors share partial duty for their own assault,
the seriousness of the offense, and the insufficient punishment imposed on offenders.
However, this does not mean that the recipient, getting appropriately
selected men and women to perform specific
roles in success of the recipient's obligations, can't fulfill a load to assemble and gather proof, present the proof to a determination-maker, and access a fair and
precise determination. Several commenters recounted personal tales about Title
IX Coordinators failing to consider a respondent's exculpatory proof, like refusing to request inquiries the respondent wished to check with the complainant or
the complainant's witnesses, and refusing to talk with the respondent's witnesses.
One commenter considered that the provision is consistent with the Sixth Amendment
appropriate to confront adverse witnesses, contact favorable witnesses, as properly
as the appropriate to effective assistance of counsel. The Department thinks that this provision will deter retaliation, as well as afford get-togethers and the receiver the prospect promptly to redress retaliation that does arise.
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I'll check back later and see if the problem still exists.
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