Here is the Accusation, the legal document prepared by CCLD, the state regulator of preschools, starting the license revocation process.
There are three allegations claimed:
- Park Side “failed to anchor a play structure to the ground … causing the death of Child #1”
- Park Side “failed to cushion the area around the play structure…”
- Park Side “engaged in conduct that is inimical [harmful] to the health, morals, welfare, or safety” by failing to anchor or cushion the play structure.
The regulator “requests that … Park Side Preschool’s license to operate a child care center be revoked.”
The regulator’s level of proof needed is the same “preponderance of evidence” used in civil trials. This simply means that the regulator needs to prove it more likely true than not, a lower standard than the “beyond a reasonable doubt” standard used in criminal trials.