REPORT OF THE
STUDENT RIGHTS
AND
RESPONSIBILITIES COMMITTEE
September 2005
9.21.17…..When
the charged student denies responsibility; the burden of proof shall
rest upon the person(s) bringing the charges. The standard for this
proof shall be clear and
convincing evidence more
likely than not.
Rationale:
This describes the degree of confidence the hearing panel or judicial
officer must have regarding the occurrence of the violation. Stoner’s
model code states that the standard of “substantial evidence” (33%
sure) or “more likely than not”(51% sure) is the standard used at most
colleges and universities. University Counsel Saccoccio recommends and
the Committee voted to replace “clear and convincing”(66% sure) with
“more likely than not”) for the following reason. We must balance
the rights of the accused with the rights of community members who
expect a safe and peaceful environment in which to pursue their
education. If the information presented at a hearing results in a
reasonable conclusion that, at minimum, it is more likely than not that
a policy violation occurred, sanctioning for the violation is in the
interest of community wholeness.