; (ii) an equal opportunity to select an advisor of the party’s choice (who may be, but does not need to be, an attorney); and (iii) an equal opportunity to submit and review evidence throughout the investigation of the allegation. (B) Use personnel who are trained in compliance with requirements under this title to objectively evaluate all relevant evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party. (C) Protect both parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological, or similar treatment records during the grievance process. (D) Obtain both parties’ voluntary, written consent before using any kind of informal resolution process, such as mediation or restorative justice. (E) Not use an informal resolution process, as described in subparagraph (D), in cases where an employee of the educational institution is alleged to have sexually harassed a student. (F) Apply a presumption that the respondent is not responsible during the grievance process, so that the educational institution bears the burden of proof and the standard of evidence is applied correctly. (G) Ensure the decision-maker is not the same person as the investigator or the Title IX Coordinator (who is the individual designated as a responsible employee in section 106.8(a) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of the Ensuring Fairness for Students Act ). (H) For educational institutions that are— (i) postsecondary institutions, hold a live hearing and— (I) allow cross-examination by the advisors of the parties; and (II) not permit cross-examination by the parties personally