U of Maryland: Conduct evidence standard to remain

Article here. Excerpt:

'For most conduct code violations, the burden of proof falls to the plaintiff, who must offer “clear and convincing” proof of guilt. Sexual misconduct cases require a preponderance of the evidence for action, meaning “it is more likely than not that the incident occurred,” according to the committee.

The preponderance of evidence standard was introduced in 2011, after the federal Education Department’s Office of Civil Rights circulated a “Dear Colleague” letter asking universities receiving federal funds to do so. The 19-page letter said the human consequences of sexual assaults and their tendency to be “vastly under-reported” meant such cases should be treated differently.

“It was basically a federal mandate,” said Andrea Goodwin, director of the Office of Student Conduct. “You do it, or you risk losing federal funding.”
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Rutgers University, Indiana University, the University of Wisconsin and the University of Michigan, Goodwin found, use preponderance standards for cases of sexual violence and violence against women and another standard for other infractions. More than half of the schools in the conference use a preponderance standard for all cases.'

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