How is the burden of proof established in student defense cases?

The burden of proof is the party’s responsibility to prove a fact in court. In student defense cases in Alaska, the burden of proof rests on the complainant--the person bringing the case--to prove their claim. The complainant must establish their case is true and accurate by providing evidence. This evidence must show the complainant’s allegations are more likely true than not. In a criminal case, this evidence must be beyond a reasonable doubt. In a civil case, the complainant must prove their case by a preponderance of evidence, meaning they must provide evidence that more likely than not shows their claim is true. In student defense cases, the complainant must prove their case by a preponderance of evidence, and this includes direct and circumstantial evidence. Direct evidence is direct proof of an alleged act. This type of evidence can include testimony, documents, recordings, or physical evidence. Circumstantial evidence is indirect evidence that implies something. This type of evidence is typically not as powerful as direct evidence. To prove the burden of proof in student defense cases, the evidence must be brought to court to convince the judge that the allegation is more likely true than not. The evidence must provide a strong argument that supports the allegations. When the judge or jury finds the evidence sufficient, the burden of proof has been established.

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