Informal Resolution Process
Where appropriate, the Informal Resolution process can be used to resolve allegations of sexual misconduct or interpersonal violence by taking immediate and corrective action to stop the conduct, address its effects, and prevent recurrence without implementing a Formal Resolution process and its subsequent determination of a University Policy violation. The Informal Resolution process may include the range of interim measures described above, as well as targeted and/or broad-based training and educational programming for relevant individuals and groups and/or any other remedy that will achieve the goals of the University Policy. An Informal Resolution process may also include a remedies-based process [mediation], which allows both parties to come to a mutual agreement regarding the resolution of the grievance. This process is facilitated by the Title IX Coordinator or his/her designee. For example, both parties may agree that the permanent application of interim measures (e.g. no contact agreement) may be sufficient to resolve the grievance. This option is available if (i) the University determines, in its discretion, that such a process would be appropriate; and (ii) after receiving a full disclosure of the allegations and their options for formal resolution, all parties voluntarily agree to participate in the Informal Resolution process.
The parties to any Informal Resolution process will not be required to deal directly with one another without the University’s involvement. Instead, the Title IX Coordinator or his or her designee may arrange for or facilitate a remedies-based process or other form of mediation between the involved parties and coordinate other remedies-based measures. Once an Informal Resolution process is complete, both parties will be notified simultaneously/contemporaneously (to the greatest extent possible, and consistent with FERPA or other applicable law) of the resolution. The Informal Resolution process does not conclude with a finding; responding parties are not charged with a policy violation and are not found to be “responsible” or “not responsible” of a policy violation.
Any party may request that the informal resolution process be terminated at any time, in which case the Formal Resolution process (described below) would commence. The University may, at its discretion, also commence the Formal Resolution process at any time. In addition, while the results of the Informal Resolution process cannot be appealed, any party can pursue Formal Resolution if he or she is dissatisfied with a proposed Informal Resolution.