Proof at 75 percent
The government also instructed schools to adopt a new standard for determining the outcome of a sexual-harassment or violence case. At the time, many schools used the standard of "clear and convincing" evidence, meaning that the adjudicators (usually a panel of administrators or faculty) believed that it was substantially more likely than not, or roughly 75 percent likely, that the accused had committed the offense.
The letter from the civil rights office demanded that schools switch to a lower standard of proof, a "preponderance" of evidence, meaning that it was more likely than not -- above 50.01 percent -- that the offense was committed. The office noted that preponderance is the standard that courts use to decide civil suits for sexual harassment. A few schools, including Princeton and Harvard, initially refused the new standard and then found themselves under investigation for suspected Title IX violations.