Employee Title IX Policy - Informal Resolution
X. Informal Resolution
Informal Resolution is a voluntary process that may result in the parties and the University agreeing on a resolution of the allegations of a Formal Complaint in lieu of an investigation and/or adjudication under the Title IX or University Process. Where the parties agree to consider an Informal Resolution and the Title IX Coordinator concludes that it may be appropriate, the University will work with the Complainant and Respondent to craft an Informal Resolution process based on the unique circumstances of the parties and the disclosed prohibited conduct. Both parties must agree to the Informal Resolution process voluntarily and in writing. An Informal Resolution may be requested at any time between the making of a Formal Complaint and the commencement of a Decision Panel Meeting to determine responsibility. Informal Resolution will not be permitted to resolve reports of an Employee engaging in Title IX Sexual Harassment against a Complainant who is a Student.
Potential elements of an Informal Resolution include but are not limited to targeted or broad-based educational programming or training, supported direct confrontation of the Respondent through restorative justice or mediation practices, and/or indirect action by the Title IX Coordinator. Measures designed to maintain the Complainant’s access to the educational and employment activities of the University and to eliminate a potential hostile environment may also be included regardless of whether they disproportionately impact the Respondent, if agreed to by the parties. An Informal Resolution does not necessarily involve the Respondent admitting to a Policy violation or taking disciplinary action against the Respondent; however, the parties may agree on a resolution that includes such elements. Likewise, although relevant information disclosed during an Informal Resolution is not necessarily excluded from any subsequent Title IX Process, the parties may agree on a resolution structure that does so. The University will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of Informal Resolution. The decision to pursue Informal Resolution will be made when the University has sufficient information about the nature and scope of the conduct, which may occur at any time after a Formal Complaint is received.
Participation in Informal Resolution is voluntary for both the Complainant and Respondent, and any party can request to end Informal Resolution and pursue the Title IX or University Process at any time prior to the completion of the terms of the Informal Resolution. Information shared within an Informal Resolution is not admissible as evidence in any formal process that might result after a withdrawal from the Informal Resolution. The Title IX Coordinator will maintain records of all disclosed prohibited conduct and conduct referred for Informal Resolution, which will typically be complete within seventy-five (75) calendar days of the parties’ agreement to engage in Informal Resolution.
If the parties are interested in pursuing Informal Resolution, the Title IX Coordinator (or a designee) will send written notices to the parties describing:
The details of the conduct at issue;
The requirements of the Informal Resolution;
The circumstances under which the parties are precluded from resuming a Formal Complaint arising from the same allegations;
The right to end the Informal Resolution process at any time prior to completion and resume the Formal Complaint process;
The consequences resulting from participating in the Informal Resolution;
The Title IX Coordinator will maintain records of all disclosed prohibited conduct and conduct referred for Informal Resolution, which will typically be complete within seventy-five (75) calendar days of the parties’ agreement to engage in Informal Resolution.