Our office recognizes that once a report has been made, the decision to pursue investigation and hearing is a deeply personal and often difficult choice. Alternative Resolution offers an alternative path to addressing Formal Complaints within our office, aiming for a quicker and more collaborative resolution while ensuring fairness and respect for all involved.
We offer Alternative Resolution on a case-by-case basis for addressing complaints where all parties have agreed to participate, including the University. It provides a less formal means of resolving disputes that is often quicker and more collaborative.
-
Alternative Method of Resolution: To offer a voluntary, facilitated process for resolving complaints without the need for a formal investigation or hearing.
Collaborative Approach: To allow both parties to work together, with the assistance of a neutral facilitator, to reach a mutually agreeable resolution.
Efficiency: To provide a quicker resolution process while maintaining fairness and respect for all parties involved.
-
Voluntary Participation: Both the complainant and the respondent must agree to participate in the Alternative Resolution process. Either party can withdraw from the process at any time and resume the formal investigation process.
Neutral Facilitator: A trained, impartial facilitator guides the process, ensuring that both parties are treated fairly and respectfully.
Confidentiality: The details of the Alternative Resolution process are kept confidential to encourage open and honest communication.
Shorter Process: The º£½ÇÉçÇø Nondiscrimination Policy currently advises that Alternative Resolution should be reached within 60 Working Days, in contrast to the 100 Working Days prescribed for formal resolution.
-
1. Initial Assessment:
Eligibility: The Title IX Coordinator assesses whether the complaint is suitable for Alternative Resolution. Some complaints may not be eligible.
Consent: Both parties must provide written consent to participate in the Alternative Resolution process.
2. Facilitation:
Facilitator Assignment: A neutral facilitator is assigned to the case.
Individual Meetings: The facilitator meets separately with the complainant and the respondent to understand their perspectives and desired outcomes.
3. Resolution Sessions:
Joint Sessions: The facilitator may conduct joint sessions where both parties come together to discuss the issue and potential resolutions. Alternatively, the facilitator may engage in shuttle diplomacy, meeting separately with each party and conveying messages between them.
Communication: The facilitator ensures that communication remains respectful and productive, helping both parties to express their concerns and interests.
4. Agreement:
Mutual Agreement: The goal is to reach a mutually agreeable resolution. This may include measures such as apologies, behavioral agreements, educational programs, or other remedies.The agreement then undergoes internal review and approval.
Written Agreement: Once an agreement is reached and has undergone internal review, it is documented in writing and presented to both parties. The parties then may decide whether they would like to sign the agreement, which cannot be appealed.
-
Resolution: The Alternative Resolution process ends with a mutually agreed-upon solution, avoiding the need for a formal investigation or hearing.
Binding Agreement: The terms of the agreement are binding and not appealable. Failure to adhere to the agreement may result in further action, such as a formal investigation or referral to Student Conduct.
No Admission of Fault: Participation in Alternative Resolution does not imply admission of fault or wrongdoing by either party.
-
Timeliness: Alternative Resolution can be completed more quickly than formal investigations.
Control: Both parties have more control over the outcome, as they work together to reach a resolution.
Less Adversarial: The process is conducive to a more cooperative and respectful environment.
-
Not Suitable for All Cases: Severe allegations, for example those involving patterns ofsexual violence, may not be appropriate for Alternative Resolution.
Voluntary Nature: Both parties must be willing to participate, and either can withdraw at any time. If this occurs, the case will return to formal resolution, meaning investigation and/or hearing.
-
Fairness: The process is designed to be fair and equitable for both parties.
Support: Both parties have access to supportive measures throughout the process.
Right to Formal Process: Either party can choose to end the Alternative Resolution and proceed with a formal investigation at any point.