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  Comments: A couple of commenters expressed problems that the confidential mother nature
  of informal resolution could present protection dangers to the survivor and broader campus
  neighborhood mainly because casual resolutions these kinds
  of as mediation often happen at the rear of closed doors and
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  become knowledgeable of the risks posed by
  the perpetrator and so are not able to just take safety measures.
  
  As mentioned earlier mentioned, the Department thinks that the worries fundamental the placement on mediation in the 2001 Guidance are
  sufficiently addressed by these final laws, including modifications in response to commenters' issues
  that allegations involving sexual harassment of a student by an worker pose
  a significant chance of ostensibly "voluntary" consent to mediation (or other informal resolution) becoming the merchandise of undue pressure by
  the respondent on the complainant, and consequently
  the remaining regulations preclude casual resolution as an solution with respect to allegations that an employee sexually
  harassed a student. Because casual resolution is only an option, and is by
  no means needed, under the final regulations, the Department does not
  imagine that § 106.45(b)(9) presents conflict with other Federal or State legislation or methods relating to resolution of sexual harassment allegations as a result of mediation or
  other choice dispute resolution processes. Discussion: The Department revised
  § 106.45(b)(7)(i) of the last rules these that recipients would have a
  distinct selection between implementing the preponderance of the evidence regular
  or the apparent and convincing proof standard to reach determinations with
  regards to responsibility.
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