What are a school's requirements regarding the grievance process standard of proof used under the Title IX Final Rule?

Under the Title IX Final Rule, a college or university is required to state the burden of proof that would be used to find a person responsible for allegations of sexual harassment, whether it's the preponderance of the evidence standard or the clear and convincing standard. In addition, the standard use needs to be consistent across or involving all allegations of sexual harassment at the school.

Cases involving students, and cases involving employees, including faculty would have to use the same standard, it cannot change. In other words, it either has to be all addressed under the preponderance of the evidence standard, or the clear and convincing standard. Having an experienced attorney-advisor in your corner will be your best ally to help navigate and understand the process and they should be involved from as early as possible in a Title IX case.