Yes the standard of proof is the determining factor of determining guilt vs. innocence but when the standard of proof decreases the end result is less “proving” of anything and more determining “the assumption of guilt” or placing greater burden on assumption of innocence to prove innocence. The reason it is “innocent until proven guilty” is because the burden of proof is so high, not the other way around.
Schools do not follow and do not have to follow similar rules to the U.S. judicial system or civil court. Decisions made can be appealed as high as Chancellor/Dean (whoever is the highest position in the University) but if the end result is unfavorable to the accused there is nothing beyond that. The school can’t be held in civil court to overturn anything.
For example, when I would receive notification of an upcoming case, in no situation did I think “I will assume this person is innocent” (and I have 0 information before arriving at the proceedings). As a caveat I never thought “I will assume this person is guilty.”
If a professor or another student says they saw a student cheat and reports the seat number to the professor and that is the only information we have, it is technically not “provable” by a courts definition. It is circumstantial at best, and yet we expect the student to have a defense or explanation. (There have been valid ones, believe it or not). Otherwise the professors word is taken as a form of proof.
My point is innocent until proven guilty isn’t a modality of thought taken by these committees. Typically there’s a neutral assumption, which is how it should be when the burden of proof is “more likely than not - 50%”. The burden of proof at initial onset of the case is equal to the burden of assumption (assumption of innocence).
If the burden of proof is .1%, the opposite of the U.S. system, the appropriate assumption is guilt and the burden of proof of innocence is on the accused.
I am not sure what your point is by those comments. Of course I know all of what you mentioned in regards to court and the law. But that’s not how schools and their judicial systems operate. It may differ at other schools, but I am certain some faculty on here can back up that “innocent until proven guilty” isn’t the “expected mentality” or assumption in honor code or conduct code violations.
@Goro @LizzyM