And I finally reached that section. This letter states quite clearly that the “preponderance of evidence” standard must be used. In fact, it explicitly says that the “clear and convincing” standard (a standard that is stronger than PoE, but weaker than BaRD) is not allowed for this accusation, even when it is acceptable for judging other infractions.
In short, this specific infraction is forcibly being judged on a different standard than other infractions. And again, since the federal government is mandating this, I can’t see any way that this isn’t a violation of civil rights.