What is the standard of proof used in academic misconduct hearings?
The standard or level of proof required to find a student in violation of the Code of Student Conduct is a preponderance of the evidence. Known also as a balance of probabilities or “greater weight of the evidence,” a preponderance of evidence is defined as follows: “The greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. Thus, one clearly knowledgeable witness may provide a preponderance of evidence over a dozen witnesses with hazy testimony, or a signed agreement with definite terms may outweigh opinions or speculation about what the parties intended” (Law.com).
