Realize that the previous guidance was just one way, preponderance of evidence and was forced upon the collages. Now the forcing is removed and any collage that still uses the old standard is still subject to the defendant taking his rights to a real court and NOW since the government standard isn’t preponderance anymore, the last little figleaf of cover they had is gone. Now when wronged defendant takes his case to a real court, the court has more leeway to sanction the collage. Dept of Ed, knows ‘forcing’ the new standard isn’t going to work well as the collages WANT the old preponderance standard, but using it against them here works much better. A few cases down the road, the DoEd can officially change it again. This way the few worst actors will shoot themselves int he foot and go to court and get slapped that way.