All schools must use a preponderance of the evidence standard. That means that it is more likely than not that the alleged behavior happened. There are some schools that, given the nature of these allegations and given the repercussions of a finding of responsibility, have a higher standard-of-proof, which is clear-and-convincing evidence. To be clear, this is not as high a standard of beyond-a-reasonable-doubt. What the regulations make clear is that schools have the option to choose whether they use a clear-and-convincing-evidence standard or a preponderance-of-the-evidence standard.
