What is the burden of proof in a college sexual misconduct case?

The burden of proof in a college sexual misconduct case will in almost all instances be the preponderance of the evidence standard, which is also known as 50% and a feather. If a student is found responsible or if a student were to be found responsible, they would have to tip the scales or the other party would have the burden to tip the scales by 50% and a feather.

Schools, they have at their discretion if the matter is being adjudicated under the college sexual misconduct policy rather than the Title IX Final Rule, to set a burden of proof as they see fit. It could be the preponderance of the evidence standard, it could be clear and convincing, it could even be beyond a reasonable doubt, say, although in all likelihood, almost all schools will maintain what's been the standard over many years, the preponderance of the evidence standard.

It's more nuanced with respect to the final Title IX rule. Schools again have that choice but in most instances, is going to be the preponderance of the evidence standard. An experienced attorney advisor can help you understand how the standard would impact in a given case and what needs to be done to make sure that the scales are not tipped against an accused party.

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