How do low evidentiary standards harm accused individuals?

 

The problem with low evidentiary standards is that it's a low burden that the accusing party has to meet. It could involve a Title IX case, academic misconduct, a general disciplinary issue, but when it's a low burden that has to be met, it's arguably not a fair process for the accused. As bad as it is to be a criminal defendant, the burden of proof is much higher beyond a reasonable doubt. There's also many additional procedural safeguards and rights that a criminal defendant has. In a campus disciplinary proceeding, in addition to the low burden of proof, there's many other potential flaws in the process that can allow for an unfavorable outcome if not properly addressed.

Everything has to be done to work, unfortunately, within this flawed system. These cases can be won, but unfortunately, the consequences can be severe and if not properly handled, and that's how a person can be harmed by having these flaws in the system, including, arguably, a low burden of proof and in most schools, it's by preponderance of the evidence. An experienced attorney can help understand the process, can help advise and protect a student's rights and interests and should be involved as early as possible in the process.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

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