The Process Due

For discussion:

When:

1) an accusation is made

2) under oath

3) accusing a person requesting a benefit (and emphatically NOT a respondant in judicial proceedings)

4) of an act or omission,

5) which would, if true, render them unfit to receive that benefit, and

6) the accusation is facially credible;

​THEN​

the accusation should be held to create a rebuttable presumption of unfitness.

The burden of proof thus shifts firmly to the accused, to either

A) disprove the allegations,

B) demonstrate the incredibility of the accuser, or

C) argue that the allegations, even if true, do not warrant an adverse judgment.

If they are unable to so do, the accuser is given the benefit of the doubt, and the accused is denied the benefit of the position.

 

In such a circumstance, I think that it would be charitable to offer the accused the benefit of neutral, professional investigation, which might produce such evidence, at their request.

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~ by davekov on 28 September 2018.

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