Who has the burden of proof in a college sexual misconduct sexual assault case?

The complainant has the burden of proof in a college sexual misconduct case. What that means is that technically speaking, the complainant needs to present his or her case and has to prove the respondent responsible by the in most instances, what would be the preponderance of the evidence standard 50% plus a feather. It's also described as some schools will use the clear and convincing standard, although that is definitely the exception and not the rule, but ultimately, it is the complainant's responsibility to prove his or her case.

In the case where the complainant is not, say, pursuing the case and the school itself is serving as the complainant, in that given instances it would be the school's obligation to meet that burden. Now that would be for cases specifically under the school's sexual misconduct policy. The Title IX Final Rule is a different consideration but ultimately is the complainant and or the school. An experienced attorney advisor can help you understand what's involved and what's at stake and should be involved from as early as possible in the process.

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