§ 115.72 Evidentiary standard for administrative investigations

Purpose of the Standard:

• To ensure that all administrative investigations into allegations of sexual abuse and sexual harassment use the correct standard of proof – a preponderance of the evidence, which means the greater weight of the evidence. Using the proper evidentiary standard enables an agency to substantiate actual incidents of sexual abuse and sexual harassment in non-criminal investigations. Consistent, properly done investigations into allegations, including using the appropriate evidentiary standard, will increase the chances that consequences will follow substantiated reports of sexual abuse and sexual harassment while also encouraging reporting and deterring further abuse.