In order for an allegation to be sustained, it must be supported by which standard of evidence?

• A. Beyond a reasonable doubt
• B. Clear and convincing evidence
• C. Probable cause
• D. A preponderance of evidence

Answer: (D)

The key idea is the level of proof used to sustain an allegation in internal or administrative proceedings. A preponderance of the evidence means the evidence shows it is more likely than not that the allegation occurred. In practical terms, if you weigh all the evidence, the side supporting the allegation has the greater weight, even if the difference is small (just over 50%).

This is different from other standards. Beyond a reasonable doubt is the high threshold used for criminal convictions, requiring near certainty. Clear and convincing evidence is a higher civil standard used in some specific civil matters, but not the usual standard for sustaining internal allegations. Probable cause is the standard used to justify police actions like arrests or searches, not to determine whether an internal claim is sustained.

So, when an allegation is sustained in this context, the tipping of the scales toward the claim by more likely than not is sufficient, even if absolute certainty isn’t achieved.