Fairness, Due Process and Burden & Standard of Proof

Fairness

Student conduct proceedings are conducted with fairness but do not include the same protections afforded by courts. Specifically, Nicholls State agrees to provide all of those accused of violating these Standards of Conduct with written notice of the provision of the Standards they are accused of violating, a right to provide their version of events, and the right to appeal as described within these procedures. Deviation from the prescribed procedures below does not necessarily invalidate a decision or proceeding.

 

Due Process

The process that is due:  Preponderance of evidence (the greater weight of the evidence favors either the finding of a student responsible or not responsible) as the standard of proof.  Substantive due process relates to the content of a violation, while procedural due process relates to how the violations are implemented and enforced.

 

 

Burden and Standard of Proof

At all stages in the process, the investigator and/or persons hearing any appeal will investigate and make findings on the merits of an alleged violation using a preponderance of the evidence standard.  Preponderance of the evidence means that the greater weight of the evidence favors either the finding of a violation or the finding of a non-violation. This standard is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence presented.  In other words, the evidence (which consists of the full totality of the circumstances) must establish that it was more likely than not that the student committed the alleged violation.