Alternative Resolution Procedures
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. The individual facilitating Alternative Resolution must be trained and cannot be the Investigator, Hearing Officer, or Appeal Board.
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; indirect action by the 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 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 an emergency removal or other 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 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, 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 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 Title IX Office 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 resolution process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). The results of complaints resolved by Alternative Resolution are not appealable.
It is not necessary to pursue Alternative Resolution first to pursue a Formal Resolution process. Any party participating in Alternative Resolution can withdraw from the Alternative Resolution Process at any time and initiate or resume the Formal Resolution Process. The Alternative Resolution is typically completed within (30) business days after the parties’ written consent to participate.
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 formal resolution process will either continue 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.
If an Alternative Resolution option is not available or selected, the Title IX Coordinator will initiate or continue an investigation and subsequent formal resolution process to determine whether a Prohibited Conduct violation has occurred.