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

In California, the burden of proof in student defense cases is determined by the standard of preponderance of the evidence. This means that the defending party must demonstrate that their version of the facts is more likely than not to be true. In other words, they must prove that the evidence they present is more convincing than the evidence presented by the other party. The burden of proof in student defense cases is different than the burden of proof in criminal cases because the standard of evidence is lower. In criminal cases, the prosecutor must prove guilt beyond a reasonable doubt in order for a conviction. In student defense cases, the standard of evidence is lower because the outcome does not result in criminal charges. In addition, the burden of proof in student defense cases is different in civil cases, where the standard of proof is “clear and convincing” evidence. This means that the evidence presented by the defending party must be highly probable. The standard of proof in student defense cases is lower because the consequences are less severe and the outcome is an administrative action, such as expulsion or suspension. In conclusion, the burden of proof in student defense cases in California is determined by the standard of preponderance of the evidence. This is a lower standard of proof than in criminal or civil cases because the outcome is not as severe.

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