Alternative Resolutions

Alternative Resolution Process:

An Alternative Resolution is an alternative to the formal resolution process used to address reports of alleged violation(s) of the Discriminatory and Sexual Misconduct Policy. The objective is to empower the parties to resolve the issue in an educative and restorative manner.

An Alternative Resolution may be chosen when the Complainant does not wish to proceed with a formal resolution and believes that an Alternative Resolution will satisfactorily address the alleged behavior. The Complainant will identify their preferred resolution method (e.g., mediation, specific interim measures, no-contact agreement, or other options). If the suggested resolution is appropriate and the Respondent agrees, both parties will proceed with the Informal Resolution. If the Complainant wishes to remain anonymous, the Title IX Coordinator may address the issue with the Respondent in general terms, notifying them of the negative impact of their behavior on an individual and/or the community. If the Complainant decides not to pursue a resolution, , the report will be documented, and further action will be discontinued unless or until they decide to move forward at a later date.

Alternative Resolution Process:

• An Impacted Party may request an Alternative Resolution at the time of reporting, with or without filing a Formal Complaint, or either party may request it at any point during the investigation and prior to a hearing.
• The Office for Institutional Equity and Title IX will review the matter to confirm that Alternative Resolution is appropriate.
• Information gathered during an Alternative Resolution process, but outside of a formal investigation, will not be used if the informal resolution is unsuccessful and a formal investigation is initiated or resumed. 
• Once the terms of an Alternative Resolution are agreed upon by the parties and completed as outlined in the agreement, the process concludes, and the matter is closed.

Additional Details:

• Alternative Resolution is a voluntary, remedies-based, structured interaction designed to balance support and accountability. It allows a Respondent to acknowledge harm and agree to actions to repair harm experienced by the Complainant and/or the University community.
• The goal is to eliminate prohibited conduct, prevent its recurrence, and remedy its effects while maintaining campus safety.
• Alternative Resolution processes promote communication, engagement, and cooperation and aim to restore wellness and repair harm in the community.

Alternative Resolution Guidelines:

• Alternative Resolution options, such as mediation or restorative actions, can be offered and facilitated only if both parties give voluntary and informed consent.
• Facilitators of Alternative Resolutions must be trained.
• The University cannot require a waiver of the right to a formal investigation and adjudication as a condition of enrollment, continuing enrollment, employment, continuing employment, or any other right.
• Participation in an Alternative Resolution process cannot be mandatory. 
• During any Alternative Resolution process, either party has the right to withdraw from the process at any time prior to the conclusion of the process. If a Complaint is pending at the time of the withdrawal from the Alternative Resolution process, the matter will proceed to investigation.

FAQ

Can a Respondent request Alternative Resolution?
Yes, a Respondent may request to resolve the matter informally. Both sides must agree to participate in an Alternative Resolution.

Examples of Alternative Resolution:
Examples include an apology (in-person, remotely, or in writing), an educational assignment, training, agreement to avoid specified locations or events, or an agreement to cease communication/interaction. The terms are specific to each situation and the parties involved. The provided examples are only a guide.

• Mediation: A neutral third party facilitates a discussion between the complainant and the respondent to reach a mutually agreeable resolution.
• Restorative Practice: Involves meetings where the complainant and respondent discuss the harm caused and agree on steps to repair that harm.
• No-Contact Agreements: Mutual agreements between both parties to not contact each other, either directly or indirectly.
• Written Agreements: The Respondent agrees to specific actions such as attending training sessions, issuing an apology, or participating in community service.
• Educational Programs: The respondent participates in educational workshops or training sessions related to the reported conduct. For example, programs about gender equity, boundaries, consent, and respectful behavior are common.
• Proposed Resolution:  Both parties have the opportunity to propose their own ideas for resolution. These proposals can be tailored to their specific needs and circumstances, ensuring a mutually satisfactory outcome.

Will the Parties have to communicate directly?
No. The Title IX Coordinator (or designee) will act as a neutral third party to mediate communication throughout the process.

Does an Alternative Resolution have to be attempted first?
No, there is no requirement to attempt Alternative Resolution before pursuing a Formal Investigation.

If an Alternative Resolution is used, is the alleged behavior still documented?
Yes, any information received involving alleged discriminatory policy violations is documented. An Alternative Resolution agreement will be documented by the Office for Institutional Equity and Title IX as a closed case and will not be shared with other Offices. An Alternative Resolution does not create a Student Conduct record.  Future misbehavior will be independently addressed, regardless of previous Informal Resolution agreements.

If Alternative Resolution is pursued, can the parties still obtain support?
Yes, supportive measures are provided to all parties regardless of the resolution method chosen (Formal Investigation, Alternative Resolution, or No Action).

Prohibition against Retaliatory Conduct:
Retaliation against any parties involved in the grievance process is strictly prohibited. Allegations of retaliation or intimidation related to any Discriminatory and Sexual Misconduct Policy violation  are taken seriously by the University and should be reported to the Office for Institutional Equity and Title IX. Retaliation can result in more severe discipline than the underlying alleged misconduct.

Clarification on Admission of Fault

Entering into an Alternative Resolution does not necessarily imply an admission of responsibility. The purpose of Alternative Resolution is to address the concerns and reach a mutually acceptable outcome between the parties involved. It is a way to resolve issues collaboratively and supportively without proceeding to a Formal Investigation or a determination of policy violation.