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IzJanae Soler | Can a Plaintiff Demonstrate Title IX Sex Discrimination by Showing an Erroneous Outcome?
A female St. John’s University (SJU) student Jane Doe (Doe) filed a complaint with the university that accused the plaintiff, John Roe, of sexually assaulting her while the two were studying abroad in Paris, which was a potential violation of the SJU’s sexual misconduct policy. SJU procedure is that those accused of misconduct undergo a “Conduct Hearing” (Hearing) overseen by a “Conduct Board” (Board), during which the Board will look at the available evidence relating to the accusation. The evidentiary standard at a Hearing is preponderance of the evidence, which is far lower than the one applied to criminal sexual assault charges, and there is no requirement for Hearings to strictly abide by the legal rules of evidence.