Which level of findings of fact will the UAF Title IX office apply in Title IX cases? The findings of fact and conclusions should be reached by applying either a preponderance of the evidence standard or a clear and convincing evidence standard.
For decades, the University of Alaska has used the preponderance of the evidence standard to decide employee and student discipline matters. “The preponderance” means that it is more likely than not that alleged conduct occurred. In 2011, when the Department of Education mandated that all schools use the preponderance standard in Title IX matters, that mandate did not change how we decided responsibility. While the Department of Education’s September 2017 Dear Colleague Letter and Q&A allows for some flexibility regarding which standard of proof schools use, UAF continues to follow our historical practice and UA Board of Regents Policy 01.04.090(A)(8), which establishes that the preponderance standard will be used in Title IX investigations, as it is with other employee and student discipline matters.
— Margo Griffith, director, Office of Diversity and Equal Opportunity, and UAF Title IX coordinator