Federal law (Title IX) and federal regulations and guidances prohibit universities from ceding student conduct matters to the criminal justice system. The federal law requires schools to act quickly and all schools, by law, must use the “preponderance of the evidence” standard, whereas the criminal justice system uses the “probable cause” standard to indict, and the “beyond a reasonable doubt” standard to convict.
The process used by the Xavier University Conduct Board is the standard used in American universities. The conduct board heard evidence that may or may not have been heard by the Grand Jury. After the conduct board reached its decision, the matter was considered and upheld by an appeal board of members of the student body, faculty and staff and is final.