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

In Washington State, the burden of proof in student defense cases is established using a “preponderance of evidence” principle. This means that the facts presented must show, by a majority, that it is more likely than not that the accused student had committed the offense in question. The burden of proof is not as strict as in a criminal trial, where the accused must be proven guilty “beyond a reasonable doubt.” Evidence presented in these cases must be tangible and admissible, including physical evidence or witness testimony that can be verified. Expert witness testimony may also be presented, such as medical or psychological expertise, to support the accused student’s defense. A student defense attorney may also call on a student’s character witnesses, such as teachers, counselors, or family members to testify on their behalf. The burden of proof in these types of cases is ultimately up to the discretion of the court or the school board. Generally, the evidence presented must be substantial and compelling to demonstrate that the accused student had committed the offense, and that there was sufficient cause to pursue disciplinary action. However, if the school board or court finds that the preponderance of evidence is inconclusive, then the accused student may be found not guilty and released from any disciplinary action.

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

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