Quote:
Originally Posted by DeltaBetaBaby
Now, do I think we should just go around kicking people out of school every time there is an accusation? No. But I think, in a university setting, the burden of proof should be much more akin to that of a civil trial, i.e. 51%, and that they should be able to look at things like patterns of behavior, e.g. if someone is accused three times but none of them can be "proven," you need to look at why this individual keeps getting accused.
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The problem with using a civil litigation burden of proof is mixing that with criminal-style penalties. Civil penalties are typically monetary awards paid to the other party, with maybe some injunctive relief or the like. And, of course, if this were to be treated as a civil action, then it's alleged victim vs. alleged assailant. But if the result of the proceeding could be the university taking disciplinary action, that is more akin to criminal penalties, and I think the higher burden of proof should apply, and it should university vs. alleged assailant.