Who is responsible for the burden of proof in a Title IX casee under the Title IX Final Rule?

The college or university is responsible for meeting the burden of proof in a Title IX case under the Title IX Final Rule. Whether the burden of proof at a given school is the preponderance of the evidence standard or the clear convincing standard, it is not the respondent's obligation to prove one's innocence, it is the school or, say, the complainant, it's their responsibility to meet their burden to prove a respondent responsible by the requisite burden of proof again be at the preponderance of the evidence standard or the clear and convincing standard.

Although it can be a difficult process, it can be a burdensome process, and it may feel as if one has to prove their innocence, technically, that's not how Title IX cases work. The obligation is not on the respondent to prove one's innocence, but rather on the other side to prove the person responsible.

Much is at stake in a Title IX case. There's many considerations and aspects of the case that need to be fully contemplated and responded to accordingly. An experienced Title IX advisor will be your best ally in both navigating the process and working towards trying to ensure a fair process and a favorable outcome and they should be involved as early as possible in the case.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

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