Does Harvard have to prove the accused guilty beyond a reasonable doubt?
The criminal justice system s “beyond a reasonable doubt” standard is only applicable in criminal cases because the defendant stands to lose his liberty if convicted. There is not a threatened loss of liberty in an administrative school-based setting. Thus, the standard of proof is the same as in civil court cases, a “preponderance of evidence” and not “beyond a reasonable doubt.” This is true for every institution of higher education that conducts disciplinary hearings on sexual assault cases.
