Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["S. Daniel Carter" <>]

on 7/23/10 11:11 AM, Sheila Broderick at 

 wrote:

> I'm doing some back up research about use of the "clear and convincing"
> standard of proof.  I am hopelessly lost on the DOE's website.  Can someone
> help me?

The U.S. Department of Education's Office for Civil Rights has held in
multiple cases that the preponderance of the evidence standard is the proper
one for institution's to use in Title IX cases. They, however, haven't
articulated this as a universal statement of policy which is probably why
you can't find it. We have a summary of Title IX on our website that
discusses this...

http://www.securityoncampus.org/pages/titleixsummary.html

We also have a copy of one of these case rulings which articulates the
standard institutions should use. Please see page 3 of...

http://www.securityoncampus.org/pdf/ocr11032017.pdf

OCR's basis in part for this holding is that the preponderance of the
evidence standard is that which a plaintiff would need to prove in order to
prevail in a civil proceeding.

********************************
S. Daniel Carter
Director of Public Policy
Security On Campus, Inc.
http://www.securityoncampus.org/
e-mail: