Standards of Evidence
The standard of evidence used during an institutional disciplinary hearing will be an Affirmative Consent standard, meaning a preponderance of evidence. This definition is the same as is used in most civil courts, and is not the standard of beyond a reasonable doubt. The preponderance of the evidence means that the offence “more likely than not” occurred—i.e., greater than 50% likelihood.
In evaluation of complaints involving sexual assault, it is not a valid excuse that the accused believed the complainant consented if: (A) the accused’s belief arose from his or her own intoxication or recklessness, or (B) the accused did not take reasonable steps to ascertain whether the complainant affirmatively consented.
Last Updated 8/19/16