Forms of Evidence

Title IX requires all schools to use "preponderance of evidence" as the evidentiary standard when investigating cases of sexual misconduct. This means that if the school determines that a reported instance sexual misconduct is "more likely than not" to have occurred, the accused will be found guilty. Investigations conducted by educational institutions are separate from criminal proceedings; schools are only responsible for determining if the alleged perpetrator has violated school policies.

There are various forms of evidence that can be used in a school's investigation of sexual violence. We encourage survivors to talk to the Title IX coordinator about the types of evidence that are taken into consideration. These are some common examples of evidence that be brought forward:  

  1. Eye witnesses
  2. Testimonials from people who knew about the incident (e.g.; testimonial from someone the survivor confided to)  
  3. Journal entries about the sexual violence
  4. Medical evidence (e.g.; x-rays, visits to clinic/hospital) 
  5. Rape kit examination (click here to learn more)
  6. Photographic evidence
  7. Texts/Direct messages via social media
  8. Emails
  9. Surveillance tapes
  10. Anonymous reports made to campus security/Title IX coordinator
  11. Use of school's counseling/therapy for survivors or sexual violence hotline

Learn More

If you would like to learn more about the preponderance of evidence standard that all schools should be following, please click on the links below: