An Informal Resolution may be possible when:
- A Complainant has filed a Formal Complaint with the Title IX Coordinator;
- The parties voluntarily agree to resolve the matter through an alternate resolution mechanism such as mediation (either together or separately), usually before a formal investigation takes place;
- A Respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process (similar to above, but usually occurs post-investigation). It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process. Prior to implementing Informal Resolution, the university will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in Informal Resolution, including information regarding any records that will be maintained or shared by the university. The university will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.
All parties must consent to the use of an Informal Resolution mechanism.
The Title IX Coordinator may consider a number of factors in assessing whether Informal Resolution is appropriate and likely to lead to a successful resolution, such as:
- Likelihood of potential resolution, considering any power inequality between the parties;
- The parties’ motivation to participate;
- Civility of the parties;
- Results of any violence risk assessment/ongoing risk analysis, if applicable;
- Disciplinary history;
- Complaint complexity;
- Emotional investment/capability of the parties;
- Rationality of the parties; and
- Goals of the parties;
The ultimate determination of whether Informal Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached between the parties, and a party’s failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions.
When a resolution is accomplished, the Title IX Coordinator will ensure the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the behavior, prevent its recurrence, and remedy the effects of the alleged conduct, both on Complainant and the community.
Results of complaints resolved by Informal Resolution are not appealable.
Informal Resolution is not available when Respondent is an employee and Complainant is a student.