Understanding the Balance of Probabilities
When investigating and determining whether an Academic Integrity Violation (AIV) has occurred, faculty at Algoma University are required to use the balance of probabilities as the standard of proof. This page explains what that means, why it matters, and how to apply it in practice.
Sections 8.2 and 4.6 of the Disciplinary Regulations on Academic Integrity require faculty members to apply the balance of probabilities standard when deciding whether to file a Notice of Offence.
What is the Balance of Probabilities?
The balance of probabilities is the standard of proof used to determine whether a student has committed an academic integrity offence under Algoma University’s Disciplinary Regulations on Academic Integrity.
This standard requires that, based on the evidence available, it is more likely than not that the academic integrity violation occurred. In other words, if you are more certain, than not, that the academic misconduct happened, the standard has been met.
This is fundamentally different from the “beyond a reasonable doubt” threshold used in criminal law, which requires near-certainty beyond reasonable doubt. The balance of probabilities is more appropriate for academic decision-making, as it allows faculty members to weigh available evidence and make reasoned decisions.
Key Principles
- The burden of proof is on the university, not the student. It is up to the faculty members to demonstrate, based on valid and relevant evidence, that the misconduct more likely than not took place.
- The process must be fair and impartial. Your investigation and decision-making must follow a procedurally fair, unbiased, and evidence-based process.
- You are not required to eliminate all doubt, but you must be able to justify your decision based on a careful and honest evaluation of the available evidence.
Applying the Balance of Probabilities: A Practical Approach
When determining whether to proceed with a Notice of Offence, consider the following:
- What does the evidence show?
Review all relevant materials. For example, student submissions, similarity reports, metadata, communications, and discussions with the student.
- Is there a plausible innocent explanation?
Ask yourself: Is it more reasonable to conclude that a violation occurred, or that there is an alternative, legitimate explanation for the anomaly? - How strong and consistent is the evidence?
Evaluate multiple pieces of information together. You are not looking for a single definitive proof, but rather a consistent pattern that tips the scale toward establishing that the student “more likely than not” committed a violation.
- Would a reasonable person in your position reach the same conclusion?
Use your judgment and professional experience as a university faculty member. Decisions should be grounded in fairness and supported by documentation.
Why this matters
Using the balance of probabilities ensures that:
- Students are treated fairly, with decisions made on reasonable and evidence-based grounds.
Faculty members are empowered to act with confidence, even in cases where certainty is impossible.