Susan Foster, UNL’s Title IX coordinator, said even if no criminal charges are filed, the university is required by federal law to investigate whether or not the UNL student code of conduct has been violated.That requires a lower burden of proof than criminal prosecutors must meet to win a conviction in the courts -- the “greater weight of the evidence†rather than “proof beyond a reasonable doubt.â€So while Lancaster County Attorney Joe Kelly said in a news conference Wednesday morning that his office did not feel it had enough evidence to file charges, UNL investigators only must prove “it is more likely than not†a violation has occurred.
“The evidence is weighed and if the greater weight of the evidence leans toward a violation, then our office can recommend a sanction, or multiple sanctions, depending on the situation,†Foster said.