Preponderance or clear and convincing: find out which.
The standard of proof is the single most consequential procedural variable in a campus case, and most respondents never learn which one applies to them until the determination letter recites it.
The choice, and the constraint.
The 2020 regulations permit institutions to use either the preponderance of the evidence standard or the clear and convincing evidence standard, and require that the standard chosen be applied to all formal complaints of sexual harassment - including complaints against employees and faculty. The choice belongs to the institution; the consistency requirement does not.
What the difference does to a case.
Under preponderance, a two-account case with no independent corroboration is decided by a bare majority of the probabilities, which in practice means whichever narrative the decision-maker finds marginally more coherent. That places enormous weight on documentary corroboration - the timing evidence, the complete threads, the behavioural record. Under clear and convincing, unresolved inconsistency within an account is frequently enough on its own, and the argument becomes about the burden itself.
Why it must be argued repeatedly.
Decision-makers drift. A panel that has read an investigative report containing credibility observations can slide toward asking which account it prefers rather than whether the institution has met its burden. Stating the standard expressly in the evidence response, at the hearing, and in the appeal is not pedantry - it is the argument. And a determination letter that recites the wrong standard, or applies it inconsistently, is an error of law on judicial review.
Why you should call us.
If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.
Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
