Alternative Resolution is a process through which parties voluntarily engage with an impartial Alternative Resolution Facilitator to discuss remedies with the goal of resolving a formal complaint under the University’s Policy on Harassment, Discrimination, and Sexual Misconduct or Policy on Title IX Sexual Harassment. Alternative Resolution is a non-disciplinary process that is separate from the University’s investigative resolution and resolution by a hearing body processes. Alternative Resolution does not include any factual investigation or substantive determination under University policy. While parties may agree to restrictions, resulting in a binding agreement, resolution will not appear on any transcript or disciplinary record, subject to the acknowledgments outlined below. Alternative Resolution seeks to respond to allegations of prohibited conduct, prevent occurrence (or recurrence), and remedy impact in a manner that is acceptable to both parties while maintaining the safety of the campus community.
Alternative Resolution is limited to matters involving students. Under this process, there will be no disciplinary action taken against a respondent, and the resolution will not appear on the respondent’s disciplinary record. The parties may be accompanied by an advisor of choice to any meeting related to Alternative Resolution. For the purposes of this process, the terms “Complainant” and “Respondent” encompasses either a Title IX Complainant and Title IX Respondent under the Policy on Title IX Sexual Harassment, or a Complainant and Respondent under the Policy on Harassment, Discrimination, and Sexual Misconduct.
Alternative Resolution Process
Preparation for Alternative Resolution: Request, Review, Notice, Intake & Consent
Request.
After filing a Formal Title IX Complaint, or a complaint alleging discrimination, harassment, or sexual misconduct, a Complainant may request Alternative Resolution by informing the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator (or designee) in writing. This request can be made at any time up until five (5) days before a scheduled hearing by the Title IX Hearing Panel, the University-Wide Disciplinary Committee, or the Panel on Unlawful Harassment, or later at the discretion of the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator. Alternative Resolution is available for complaints filed under the Policy on Harassment, Discrimination, and Sexual Misconduct or the Policy on Title IX Sexual Harassment, only under the following circumstances:
- The matter involves a student complainant and a student respondent.
- The complainant has filed a Formal Title IX Complaint, or a complaint alleging discrimination, harassment, or sexual misconduct;
- The Associate Provost for Equal Opportunity Programs/ Title IX Coordinator has determined, through an initial assessment that the alleged conduct, if substantiated, would constitute discrimination, harassment, or sexual misconduct as defined under the Policy on Harassment, Discrimination, and Sexual Misconduct and/or the Policy on Title IX Sexual Harassment;
- The Associate Provost for Equal Opportunity Programs/ Title IX Coordinator has determined that Alternative Resolution is appropriate for the matter.
Title IX Coordinator Initial Review.
In making a determination as to whether Alternative Resolution is appropriate, the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator will consider factors, including, but not limited to, the following: (i) the outcome of an individualized safety and risk analysis of the Respondent relating to sexual misconduct, physical violence, failure to comply with a No Contact Directive (NCD) or a Civil No Contact Order (CNCO), and/or other relevant conduct, (ii) the nature and circumstances of the complaints and alleged conduct, whether allegations involve multiple victims and/or a pattern of conduct, or other evidence-informed factors indicative of increased risk to campus safety, (iii) whether the circumstances warrant the Title IX Coordinator filing a complaint, and (iv) whether the party’s agreement to participate is in good faith, including without pressure or coercion from others. The Associate Provost for Equal Opportunity Programs/ Title IX Coordinator will communicate their determination as to whether Alternative Resolution is appropriate to the Complainant in writing.
Notice.
If the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator determines that Alternative Resolution is an appropriate option, they (or their designee) will communicate the request for Alternative Resolution to the Respondent.
The University will provide, to both parties, written notice disclosing the allegations (including the formal complaint), information regarding the alternative resolution process, the name of the proposed Alternative Resolution Facilitator(s), and information on how to raise concerns regarding a conflict of interest.
Intake.
The Alternative Resolution Facilitator(s) will hold an initial process meeting with each party, separately, to discuss the Alternative Resolution process and to communicate to the parties their rights under the applicable University policies. Participation in the Alternative Resolution process is contingent on successful completion of preparatory meetings.
Consent to Participate in Alternative Resolution.
The Complainant and Respondent must consent to participate in Alternative Resolution in writing by signing an Agreement to Participate in Alternative Resolution.
Participation in Alternative Resolution is voluntary and the University will not require, encourage, or discourage the parties from participating in Alternative Resolution.
Alternative Resolution Meetings
If both parties consent to participate in Alternative Resolution, the Alternative Resolution Facilitator(s) will ask the Complainant to submit a written request for remedies. The Alternative Resolution Facilitator will meet with the Complainant to discuss the written request. The Alternative Resolution Facilitator will share the written requests with the Respondent and will meet separately with both parties to identify and facilitate areas of agreement.
Alternative Resolution Agreements
If the parties reach agreement, the proposed Alternative Resolution Agreement is shared with the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator for review. The Alternative Resolution Agreement must be approved by the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator. After both parties and the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator sign the Alternative Resolution Agreement, the agreement is final and the parties are bound by its terms. The allegations addressed by the signed Alternative Resolution Agreement are considered resolved and will not be subject to further investigation, adjudication, remediation, or discipline by the University, except as otherwise provided in the agreement itself, absent a showing that a party induced the agreement by fraud, misrepresentation, or other misconduct or where required to avoid a manifest injustice to either party or to the University.
The University may also investigate and discipline a party alleged to have breached an Alternative Resolution Agreement. Alleged violations of an Alternative Resolution agreement, or allegations that the agreement was induced by fraud, misrepresentation, or any other misconduct, should be reported to the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator, and may be subject to review and resolution by a hearing panel or under the administrative resolution procedures of the Policy on Harassment, Discrimination, and Sexual Misconduct, which may lead to disciplinary action. Except as noted above, there will be no disciplinary action taken against a respondent under the Alternative Resolution process, and the resolution will not appear on the respondent’s transcript or disciplinary record at the University.
Agreements reached in Alternative Resolution process are not subject to a request for review.
If the Complainant’s or Respondent’s circumstances change significantly, they may request a supplemental agreement; the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator will determine whether it is appropriate to proceed. For example, if there are changes to a Complainant or Respondent’s academic program that may conflict with a term of an agreement, the party can raise the concern to the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator for their assessment as to whether a supplemental agreement may be appropriate.
Available Remedies of the Alternative Resolution Process
Depending on the nature and circumstances of the particular situation, the following may be outcomes of an Alternative Resolution Agreement:
- Voluntary restrictions from participation in particular registered student organizations or campus events;
- Changes to on-campus housing, subject to availability;
- Changes to patronage of specific dining facilities;
- Participation in educational offerings on topics including but not limited to: consent and communication, the use of alcohol or other drugs, healthy interpersonal relationships, forms of intimate partner violence including coercive and controlling behaviors, stress management and wellbeing;
- Provision to the Respondent to read an “impact statement” written by the Complainant (describing the impact(s) that the Respondent’s alleged conduct had on the Complainant);
- Provision that the Respondent provide a letter in response to the Complainant’s impact statement;
- Other measures deemed appropriate by the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator.
Relationship of Alternative Resolution to Investigative Resolution/ Resolution by a Hearing Body
Alternative Resolution is voluntary, and the Complainant or the Respondent may discontinue the Alternative Resolution process at any time.
In addition, if the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator (or designee), including the Alternative Resolution Facilitator(s), determines at any time prior to the signing of the Alternative Resolution Agreement that Alternative Resolution is no longer appropriate, the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator may terminate the process and refer the matter back to Investigative Resolution or a Resolution by a Hearing Body.
If the Alternative Resolution process is discontinued for any reason or if the parties fail to reach a mutually agreeable outcome for the alleged conduct, the Complainant may request to re-engage Investigative Resolution or Resolution by a Hearing Body under the University’s Policy on Title IX Sexual Harassment or Policy on Harassment, Discrimination, and Sexual Misconduct. If Alternative Resolution is terminated, Alternative Resolution will no longer be available as a remedy to resolve the complaint.
Timeline
In most cases, the Alternative Resolution process will be completed within thirty (30) to sixty (60) days of receiving the written request. The University, at its discretion, may extend this timeframe for good cause.
Information Sharing
Information shared or obtained during Alternative Resolution will be treated as private to the extent permitted by law and will not result in subsequent disciplinary actions by the University. Specifically, no documents or statements made in Alternative Resolution may be used in a subsequent University process (Investigative Resolution or Resolution by a Hearing Body) about the same allegations. Information documented during this process, however, can be subpoenaed if a criminal investigation is initiated. The University will not treat as private, however, information shared or obtained during Alternative Resolution regarding an increased risk to the safety of the University community (see Title IX Coordinator Initial Review) or an imminent risk of serious harm.
The participation of a Respondent in a prior Alternative Resolution process will generally not be considered relevant or taken into account in the resolution of a subsequent, unrelated complaint filed by a different Complainant under the Policy on Title IX Sexual Harassment or the University Policy on Harassment, Discrimination, and Sexual Misconduct.
Non-Retaliation
Retaliation, as defined under the Policy on Title IX Sexual Harassment or Policy on Harassment, Discrimination and Sexual Misconduct, is strictly prohibited for any individual that participates in an Alternative Resolution process.
Required Recordkeeping
In accordance with University Policy, the Title IX Coordinator or designee will maintain, for a period of at least 7 years, any records from an Alternative Resolution process and the result therefrom.
Last updated October 20, 2021