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MeToo ecosystem females are quickly believed and gentlemen are assumed responsible this commenter argued that sexual misconduct scenarios frequently boil down to believability and such allegations are almost unattainable to disprove. In recognition that sexual misconduct instances require high stakes and probably everyday living-altering penalties for equally get-togethers, and these cases normally involve competing, plausible narratives about the truth of the matter of allegations, the Department authorizes recipients, in § 106.45(b)(1)(vii) of the last rules, to pick out either the preponderance of the proof normal or the distinct and convincing proof common to achieve determinations relating to responsibility. This commenter asserted that the Department must not usurp the authority of university boards or micromanage recipients. Some commenters asserted that the Department lacks authority beneath Title IX to impose demands on non-Title IX linked disciplinary proceedings. In response to commenters' requests for a regulation that expressly addresses whether or not these final regulations regarding sexual harassment preempt State or area legislation and to usually tackle commenters' worries about preemption, the Department has extra § 106.6(h) which gives that to the extent of a conflict among State or local law and Title IX as implemented by §§ 106.30, 106.44, and 106.45, the obligation to comply with §§ 106.30, 106.44, and 106.45 is not obviated or alleviated by any State or regional legislation.
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