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The Department disagrees, having said that, that letting pre-recorded testimony in lieu of answering of queries through a
reside hearing would sufficiently execute the operate
of cross-evaluation in the postsecondary context, wherever the parties' and conclusion-maker's capacity to hear parties' and witness's responses to queries and immediate observe-up inquiries is the greater system of "airing out" all
viewpoints about the allegations at situation. The
Department acknowledges that cross-examination may be emotionally difficult for functions and witnesses,
specifically when the facts at problem worry sensitive,
distressing incidents involving sexual conduct. The Department acknowledges that even in felony options, in-man or
woman cross-evaluation is not normally needed, and § 106.45(b)(6)(i) has tailored the
technique of cross-evaluation in a way that avoids importation of legal law specifications,
for instance by requiring the functions to be in different rooms (on both party's ask for), and disallowing a suitable of self-representation even if a get together would otherwise wish to
be self-represented. The Department acknowledges that in any
situation wherever a complainant has alleged sexual misconduct without the need
of the complainant's consent, the likelihood exists that
the respondent will contend that the sexual conduct
was in fact consensual, and that cross-assessment in people predicaments could contain thoughts relating to regardless of whether consent was present, ensuing in distress for complainants in this kind of instances, which
includes for complainants alleging male-on-male sexual
violence.
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