From page 7 of their comment to the Department of Education's proposed regulations:

Presumption of non-responsibility: We oppose the Department retaining the harmful rule from the previous administration that currently requires schools to presume that the respondent is not responsible for sex-based harassment (or other sex discrimination) until a determination is made and to inform both parties of this presumption. 45 This formal presumption and notice of such a presumption is not required in any other type of school proceeding and exacerbates the harmful and false rape myth that people who report sex-based harassment (or other sex discrimination)—primarily women and girls—tend to be lying, which also deters complainants from initiating or continuing with an investigation. While we appreciate the Department’s efforts to ensure that schools do not presume one way or the other at the start of an investigation, the Department should simply require schools to notify parties of their rights and resources and that a determination about responsibility will not be made until the end of a fair and equitable investigation.