Published by Nate Madie, Monday, November 25th 2013
(2) The preponderance of the evidence standard is too low given the consequences. Less serious infractions at Harvard, such as academic fraud, merit a "clear and convincing" evidence standard. Why doesn't an infraction as serious as sexual assault merit a higher standard? As Professor Elizabeth Bartholet points out, for law students specifically the consequences are nothing less than "the risk of being wrongfully found guilty of sexual misconduct, and the related risk of destruction of any future legal career." That said, the low standard of evidence wouldn't be problematic were it not for what follows..
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