Is there a difference between the standard of proof required for a criminal court case versus what is required in an on-campus sexual assault case?

 

The standard of proof between a criminal proceeding and a campus Title IX sexual assault case or sexual offense case there is a difference. In a criminal proceeding a defendant would have to be found guilty beyond a reasonable doubt is the highest possible standard. In a campus sex proceeding or sex offense proceeding in almost all instances, a school used a much lower standard by a preponderance of the evidence. If a 51% of the evidence tilts towards say the accuser, then the accused would be found responsible. It is the lowest possible burden of proof. There's a reason why, multiple reasons why an accuser will often seek to address a Title IX offense or a sex offense at the school and will not pursue it at say, criminal proceedings. Law enforcement looks at it through a more narrow lens, whereas a school has an obligation to pursue the matter in a different capacity. An experienced attorney advisor can help throughout the process and should be involved from as early as possible in the process.

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