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A Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Senior Director of Student Experience and Title IX Coordinator at any time prior to a Final Determination, or the Senior Director of Student Experience and Title IX Coordinator may offer the option to the Parties. The University will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.

 

Three approaches to Informal Resolution are detailed in this section.

  1. Supportive Resolution. When the Senior Director of Student Experience and Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive Resolution involves only the party who opts for it.
  2. Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the Complainant(s) and University are agreeable to the resolution terms.
  3. Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.

It is not necessary to pursue Informal Resolution first in order to pursue an Administrative Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Administrative Resolution Process.

 

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Administrative Resolution Process should Informal Resolution not be successful.

 

If an investigation is already underway, the Senior Director of Student Experience and Title IX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

 

Prior to implementing Informal Resolution, the University will provide the Parties with written notice of the reported misconduct and any sanctions (only in the case of Accepted Responsibility) or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the University.

 

Informal Resolution Approaches

 

1. Supportive Resolution

Most commonly offered once a complaint is filed (whereas supportive measures, as described in Section 8 of the Sexual Harassment and Discrimination Policy, are offered in response to Notice). The Senior Director of Student Experience and Title IX Coordinator will meet with the Complainant to determine reasonable supports that are designed to restore or preserve the Complainant’s access to the University’s education program and activity. Such supports can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Senior Director of Student Experience and Title IX Coordinator may also provide reasonable supports for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Senior Director of Student Experience and Title IX Coordinator does not believe there is a need to sign a complaint. At the discretion of the Senior Director of Student Experience and Title IX Coordinator, this resolution option can result in an agreement between the Complainant and the University that does not require assent from any other party, as long as it does not unduly burden any other party or function punitively with respect to them.

2. Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Administrative Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Senior Director of Student Experience and Title IX Coordinator will determine whether Informal Resolution is an option.

 

If Informal Resolution is available, the Senior Director of Student Experience and Title IX Coordinator will determine whether all Parties and the University are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Senior Director of Student Experience and Title IX Coordinator implements the accepted finding that the Respondent is in violation of University Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

 

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Administrative Resolution Process will either begin or resume.

 

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

 

3. Alternative Resolution

 

The institution offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Senior Director of Student Experience and Title IX Coordinator or other appropriate University officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

 

The Senior Director of Student Experience and Title IX Coordinator may consider the following factors to assess whether alternative resolution is appropriate, or which form of alternative resolution may be most successful for the Parties:

  • The Parties’ amenability to alternative resolution
  • Likelihood of potential resolution, considering any power dynamics between the Parties
  • The nature and severity of the alleged misconduct
  • The Parties’ motivation to participate
  • Civility of the Parties
  • Results of a violence risk assessment/ongoing risk analysis
  • Respondent’s disciplinary history
  • Whether interim action is needed
  • Skill of the alternative resolution facilitator with this type of Complaint
  • Complaint complexity
  • Emotional investment/capability of the Parties
  • Rationality of the Parties
  • Goals of the Parties
  • Adequate resources to invest in alternative resolution (e.g., time, staff)

The Senior Director of Student Experience and Title IX Coordinator has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

 

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Senior Director of Student Experience and Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

 

The Senior Director of Student Experience and Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Administrative Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a Policy violation, the Senior Director of Student Experience and Title IX Coordinator must consider whether to dissolve the agreement and reinstate the Administrative Resolution Process to remedy the impact as required by law. The results of reports resolved by alternative resolution are not appealable.

 

If an Informal Resolution option is not available or selected, the University will initiate or continue an investigation and subsequent Administrative Resolution Process to determine whether the Policy has been violated.