Informal Resolution Process: Sexual and Related Misconduct Policy

Parties who do not wish to proceed with an investigation and adjudication, and instead wish to seek the University’s assistance to resolve allegations of misconduct under the Policy and Procedures, may elect to enter the Informal Resolution Process. The Informal Resolution Process is designed to assist the parties in coming to an agreement with the assistance of a facilitator. All parties must agree to participate before a case is assigned to the Informal Resolution Process and either party can decide to resume the formal resolution process even after informal resolution has commenced.

Generally speaking, this resolution option is less time intensive than an investigation and adjudication while still affording community members an opportunity to actively participate in a process led by the University for resolution of their complaints. The Informal Resolution Process may not begin until a Formal Complaint is filed. The option to pursue an Informal Resolution is available until a determination is reached. The Informal Resolution process will not involve any face-to-face meetings between the parties or otherwise involve direct communication between the parties. Statements or disclosures made by the parties in the course of the Informal Resolution Process will not be considered in the Formal Resolution Process.

1. Allegations that Cannot be Addressed Through the Informal Resolution Process
   
   The Informal Resolution Process cannot be used to resolve allegations of “Quid Pro Quo Harassment (Title IX),” “Sex- or Gender-Based Harassment (Title IX),” “Sexual Assault (Title IX),” “Dating Violence (Title IX),” “Domestic Violence (“Title IX”), “Stalking (Title IX),” or “Retaliation (Title IX)” as defined in the Policy and Procedures if the complainant is a student and the respondent is an employee. Informal Resolution is available for all other allegations.
   
   
2. Advisor of Choice
   
   The complainant and the respondent may bring an Advisor of Choice to their respective Informal Resolution meetings. During the Informal Resolution Process, the Advisor of Choice is subject to the restrictions set forth in Section VIII(C)(1)(a), “Advisor of Choice.” A trained facilitator will preside over the Informal Resolution Process and may be assisted by a staff member, administrator, or outside expert.
   
   
3. Initiating the Informal Resolution Process
   
   If a complainant wishes to proceed with Informal Resolution from the outset, the University Administrator (i.e., the Director of Gender Equity/Title IX Coordinator, the Vice President for Student Affairs, the Deans of Students, Human Resources, or their designee), will meet with the complainant to determine the name of the respondent and the date, time, location, and nature of the alleged misconduct, if known. During this meeting, the complainant and the University Administrator will go over: (1) the allegations; (2) the requirements of the Informal Resolution Process, including that at any time prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution Process and resume the grievance process with respect to the Formal Complaint; and (3) any consequences resulting from participating in the Informal Resolution Process, including the records that will be maintained or shared.
   
   In addition, the University Administrator will schedule an individual intake meeting with the respondent to provide them a general understanding of the relevant portions of the Policy and Procedures. During this meeting, the respondent will be provided written notice disclosing: (1) the allegations; (2) the requirements of the Informal Resolution Process, including that at any time prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution Process and resume the grievance process with respect to the Formal Complaint; and (3) any consequences resulting from participating in the Informal Resolution Process, including the records that will be maintained or shared.
   
   The parties must provide voluntary, written consent to engage in the Informal Resolution Process.
   
   The parties will be provided 10 business days to reach an Informal Resolution agreement. The parties may request an extension of time to reach an agreement. An extension request may be granted for good cause, as determined by the University Administrator. In addition, if the University Administrator determines that additional time is needed to reach an Informal Resolution agreement, they may extend the time to complete this process. The University Administrator will notify the parties when the timeframe to reach an Informal Resolution agreement has been extended.
   
   
4. Terminating the Informal Resolution Process
   
   In the event either party wishes to end the Informal Resolution Process and proceed to the Formal Resolution Process, they must provide written notification to the University Administrator. At any time after the commencement of the Informal Resolution Process, the Director of Gender Equity/Title IX Coordinator, the Vice President for Student Affairs, the Deans of Students, Human Resources, or their designee may determine that the Informal Resolution Process is not an appropriate method for resolving the matter, and may require the matter be resolved through the Formal Resolution Process. The Director of Gender Equity/Title IX Coordinator, the Vice President for Student Affairs, the Deans of Students, Human Resources, or their designee has sole discretion to reopen the Informal Resolution Process if an agreement was not reached during the previous attempt to pursue Informal Resolution.
   
   
5. Reaching an Informal Resolution Agreement
   
   If, in the course of the Informal Resolution Process, the respondent agrees to acknowledge they engaged in prohibited conduct under the Policy and Procedures, that admission will serve as a finding of responsibility. The Director of Gender Equity/Title IX Coordinator, the Vice President for Student Affairs, the Dean of Students, Human Resources, the appropriate Vice President, or their designee, will recommend one or more sanctions, which the respondent can accept or reject. The sanctions that may be imposed as a result of the Informal Resolution agreement are the same as those outlined in Section VIII(C)(1)(d)(5), “Possible Sanctions,” and Section VIII(C)(2)(d)(5), “Possible Sanctions,” below. The University Administrator will provide each party a copy of the proposed Informal Resolution agreement for them to review, sign, and return.
   
   Any resolution reached through the Informal Resolution Process must be approved by the Director of Gender Equity/Title IX Coordinator, the Vice President for Student Affairs, the Deans of Students, Human Resources, or their designee, and signed by them. If the Informal Resolution agreement is accepted by the parties and the University, the process is concluded. If the Informal Resolution agreement is rejected by either party or the University, the Formal Resolution process will resume, or end, based on the wishes of the parties.
   
   The Informal Resolution agreement is not subject to appeal. Retaliation, violations of the terms of the resolution, or other prohibited conduct will be considered a new matter and will not reopen the original matter.