Community Grievance Decision Digest

Burden of Proof

The decision summaries regarding this subject may be found in the document:
  Community Grievance Decision Digest: Decisions. (PDF, 512KB) 

NOTE: "Burden of proof" is a legal term used in court to determine who has the responsibility for proving facts through testimony and other evidence and the amount of evidence that must be proven in order for that party to prevail.

Continuum of evidence presented:

0%---------------PC-------------------50%------------------BYRD---------------100%
     >50% = MPTN

PC = Probable Cause.
MPTN = More Probable Than Not (any amount of evidence over 50%)
BYRD = Beyond a Reasonable Doubt

The burden of proof in situations for a service provider:

There needs only to be a showing of a "significant risk" (probable cause) for staff to take a "risk-reduction" measure. However, the risk should be more than remote or speculative to take a security measure such as denying a patient certain property. See Risk Reduction Measures section of this digest.

Where a patient is sanctioned for a rule violation, the staff must show that it is More Probable Than Not (any amount of proof over 50%) that the patient violated the rule. See Rules and Sanctions section of this digest.

Where a patient claims wrongdoing on the staff’s part, the burden is on the patient to show that it is More Probable Than Not that the staff acted as alleged.

The standard of "Beyond a Reasonable Doubt" is the one the state must meet to show that a crime has been committed by a particular person. It only applies to criminal court charges.

 -- Client Rights Office training materials

Last Updated: July 12, 2010