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The presumption does not indicate that a respondent is truthful or that a complainant is lying, and a receiver are unable to use the presumption as an excuse not to reply to a complainant as essential underneath § 106.44(a), or not to objectively appraise all suitable proof in achieving a dedication with regards to accountability. Other commenters argued that merely stating that the recipient will bear the stress of proof does not in functional phrases make it so, and a presumption that the respondent is not accountable in actuality shifts the stress of proof onto the complainant. Commenters argued that the presumption would especially harm Asian Pacific Islander women of all ages who, because of social taboos about sexual exercise prevalent in Asian cultures, are drastically considerably less likely to report instances of sexual assault and will experience additional deterred by a presumption favoring the respondent. Under § 106.44(a) and the § 106.30 definition of “supportive measures,” recipients ought to present complainants supportive actions intended to restore or maintain complainants’ equivalent educational obtain (with or without having a grievance course of action pending), and the last regulations’ prohibition against a recipient punishing a respondent with no adhering to a truthful grievance method, such as application of a presumption of non-duty till conclusion of the grievance process, does not diminish the supportive, significant reaction that a recipient is obligated to give complainants.
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