The Department understands commenters' assertions that even with shielding, cross-examination by a respondent's advisor may possibly
however be a challenging prospect. The closing polices offer both of those parties
with the correct to be supported and assisted by
an advisor of choice, and protect the parties' capability to discuss the
allegations freely, like for the goal of trying to find out psychological support or strategic tips.
The Department declines to grant witnesses the correct to need to testify in a independent room, but revises § 106.45(b)(6)(i) to allow for a receiver the discretion to allow any participant to show up remotely.
Commenters argued that coordinating the schedules of events, advisors, listening to panels,
and witnesses to seem for a live hearing will hold off proceedings.
Commenters correctly asserted that this provision is a immediate acknowledgment of the opportunity
for cross-assessment to truly feel intimidating and retraumatizing in sexual harassment scenarios.
Unlike complainants, witnesses generally do not working experience the same chance of
trauma by cross-evaluation. Witnesses also are not demanded to testify and
may perhaps merely pick out not to testify since the resolve of accountability generally does not immediately impact, implicate,
or have an affect on them.
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