You're right, intent isn't relevant; the only thing that's relevant is what they actually do, and what you can prove. There's a fundamental flaw with a system that permits disqualification based on assumption alone.

Then under your way of thinking no TO can take action against a player for anything as, short of a confession, they are never going to actually know the intent of a player in the matter. You are asking for a heavier burden on intent then even a court of law does for criminal manners.