What is the Burden of Proof?

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Question What is the Burden of Proof?
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For Midwest Nudists, the burden of proof before disciplinary action is considered for a Terms and Conditions violation is clear and convincing evidence.

For context, there are three burdens of proof known in the United States:

  • Preponderance of the Evidence - "Might have violated the Terms and Conditions", 51% confidence or more.
  • Clear and Convincing Evidence - "Likely violated the Terms and Conditions", 67% confidence or more. This is where Midwest Nudists operates.
  • Beyond a Reasonable Doubt - "Undoubtedly violated the Terms and Conditions", 98% confidence or more.

If staff cannot meet the required burden of proof in an incident, they cannot [reasonably] issue disciplinary action for that incident. They can, however, remind members to follow the rules and to inform them their recent actions are not tolerable and could be disciplined in the future.

Keep in mind that Midwest Nudists considers the big picture / community as a whole when making decisions regarding violations. Neither excuses, intent, nor motivations will reduce the disciplinary actions taken.


 
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