Did you know that a DORA Complaint does not have to be proven beyond a reasonable doubt in order for the Board or Program to find that you have committed a violation of the law? After an investigator conducts an investigation into the complaint, he/she writes a report of their findings and submits that report to the Board or Program. The Board or Program then determines if there is probable cause to believe that a violation of the law has occurred.
The standards of probable cause and beyond a reasonable doubt are two very different standards. Probable cause is a much lower, much easier standard to meet, only requiring a reasonable belief that a violation occurred. Given the nature of the Complaint process and the immense consequences that can result from a Complaint being upheld, people often believe that the higher standard of beyond a reasonable doubt is applied, but this is not the case. If the Board or Program finds probable cause that you have violated the law, and if you are not able to agree to any sort of settlement offer, the matter is referred to the Office of the Attorney General for review.
You can learn more about the investigative process and frequently asked questions at https://www.colorado.gov/pacific/dora/DPO_Enforcement.
