American Institute of Certified Planners (AICP) Practice Exam

What burden of proof must AICP misconduct charges meet?

1. Clear and convincing evidence

2. A preponderance of the evidence

3. Beyond a reasonable doubt

4. Substantial evidence

The correct answer is: A preponderance of the evidence

The appropriate burden of proof required for AICP misconduct charges is the standard known as "a preponderance of the evidence." This standard is commonly used in civil matters, and it means that the evidence must show that something is more likely true than not. In the context of AICP misconduct charges, this indicates that the evidence must demonstrate that it is greater than 50% likely that misconduct occurred. This lower threshold compared to criminal cases—where the standard is "beyond a reasonable doubt" and requires a much higher level of certainty—reflects the nature of professional misconduct investigations which are typically deliberative and administrative in character. This burden of proof is commonly implemented to ensure a fair evaluation of the evidence and allows for the appropriate assessment of a planner's professional conduct without requiring the higher stakes of a criminal conviction. In contrast, other standards like "clear and convincing evidence" or "substantial evidence" are usually utilized in different legal contexts or regarding other administrative hearings, reflecting different degrees of certainty required.