What are the evidentiary standards in Title IX campus sex offense cases?

 

The evidentiary standard in a Title IX campus sex offense case is going to be whether the evidence intended for submission is relevant. Relevance will be determined by whether the intended evidence is more or less likely to make the fact at issue, or the matter that needs to be determined, more or less probable than without the evidence. Evidentiary determinations can be made by different parties in a Title IX case. They can be made during the course of the investigation by the Title IX investigators, at a Title IX hearing. Evidentiary determinations can be made by say, the chair of a hearing panel, or if a matter is being decided at a hearing by, say, one person, by that one person. Because so much is at stake in a Title IX sex offense case, and because evidence is what's going to allow for an accused student to be found not responsible, or are the flip side, responsible, if the case is not handled properly, it's critical that an experienced attorney advisor help navigate the process so that evidentiary standards can be met, and the proper evidence can be submitted.

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