ISC2 Systems Security Certified Practitioner (SSCP) Practice Question
While reviewing CloudTrail and VPC Flow Logs in response to suspected source-code theft from an Amazon EC2 bastion host, your security team is told that management intends to handle the matter as an internal disciplinary (administrative) action rather than involving law enforcement. From a U.S. legal-standards perspective, which burden of proof must the organization generally satisfy to justify sanctions against the employee, and why is that burden appropriate?
Clear and convincing evidence, because employment actions require a heightened level of proof above a simple balance of probabilities.
Probable cause, because the organization must satisfy the same threshold used to obtain a search warrant from law enforcement.
Preponderance of the evidence, because administrative investigations only need to show that the allegation is more likely true than not.
Beyond a reasonable doubt, because any employee misconduct must meet the standard used in criminal courts.
Administrative (and civil) proceedings in the United States normally rely on the "preponderance of the evidence" standard, meaning the facts must show that the claim is more likely true than not (>50 percent likelihood). This lower threshold is appropriate because the potential penalties are typically loss of employment or monetary damages, not criminal conviction or incarceration, which would require the much higher "beyond a reasonable doubt" standard. "Clear and convincing" is an intermediate civil standard reserved for special matters such as fraud, and "probable cause" applies to obtaining search or arrest warrants in criminal cases. Therefore, the organization will aim to demonstrate a preponderance of evidence during its internal administrative action.
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ISC2 Systems Security Certified Practitioner (SSCP)
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