Informal Resolution Processes

The Title IX Coordinator will offer the Informal Resolution Process to the parties after a complainant makes a report or formal complaint. Any party who wishes to initiate an Informal Resolution should contact the Title IX Coordinator. The Title IX Coordinator will evaluate the appropriateness of each matter for the Informal Resolution Process, and initiate this process, when appropriate. An Informal Resolution Process is not available in matters with a student complainant and employee respondent. The Title IX Coordinator, in their sole discretion, may determine that an Informal Resolution Process is not appropriate and the matter may only be resolved through the Formal Investigation and Hearing Process. This determination is not appealable.

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Investigation and Hearing Process. Any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Investigation and Hearing Process. Each party will be permitted to bring an adviser of their choice to any meetings who may be, but is not required to be, an attorney. The College does not appoint advisers for parties to an Informal Resolution, unless the matter initially was being resolved through the Formal Investigation and Hearing Process, as described below.

An Informal Resolution can include different approaches:

• When the parties agree to resolve the matter through an Administrative Resolution; see discussion in Section A.
• When the parties agree to resolve the matter through Mediation; see discussion in Section B.

Prior to implementing an Informal Resolution, the College will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process. The College will not pressure the parties to participate in Informal Resolution and will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding. If the parties choose to pursue Informal Resolution, the timeframes governing the Formal Investigation and Hearing Process temporarily cease, and only recommence upon reentry into the Formal Investigation and Hearing Process if the Informal Resolution does not result in a resolution. Results of complaints resolved by Informal Resolution are not appealable.

In entering the Informal Resolution Process, the parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the Informal Resolution Process concerning the allegations of the formal complaint is confidential. No evidence concerning the allegations obtained within the Informal Resolution Process may be disseminated to any person, provided that any party to the Informal Resolution Process may generally discuss the allegations under investigation with a parent, friend, adviser, or other source of emotional support, or with an advocacy organization. As a condition of entering the Informal Resolution Process, any evidence shared or received during the Informal Resolution Process may not be used in any subsequent Formal Investigation and Hearing Process or institutional appeal. Should statements made during Informal Resolution highlight aspects of the reported conduct not previously known to the College or detail additional violations of the Policy, the College reserves the right to stop the Informal Resolution Process and reevaluate the available resolution processes; however, statements made by a party during the Informal Resolution Process will not be included as evidence in an ensuing Formal Investigation and Hearing Process.

A. Administrative Resolution

This form of a non-punitive resolution can include a no contact order, no contact terms mutually agreed upon by the parties, the implementation of safety measures, referrals to counseling, and targeted education and training. Administrative Resolution may be appropriate when a complainant does not want to engage in other resolution processes and the Title IX Coordinator, in their discretion and based on the available information, determines that an Administrative Resolution is sufficient for community members to access the College’s education program and activities free from gender-based misconduct.

An administrative resolution will typically be implemented upon receipt of the parties’ written consent to a mutually agreed-upon resolution that has been approved by the Title IX Coordinator. If the terms of the mutually agreed-upon resolution is not approved by the Title IX Coordinator, the parties may consider alternative terms, the matter may proceed to a different Informal Resolution process upon written and voluntary consent of the parties, or the matter may be resolved by the Formal Investigation and Hearing Process.

B. Mediation

At any point prior to a hearing under the Formal Investigation and Hearing Process, either party may request to seek resolution through Mediation. This is an informal process by which the parties reach a mutually agreed upon resolution of an allegation(s) of gender-based misconduct. All parties must consent in writing to the use of and participation in Mediation.

The Title IX Coordinator has the discretion to appoint an appropriate alternate resolution facilitator. This person can be from an external agency or internal to the College. The facilitator should be free from conflicts of interest and bias. During Mediation, a facilitator will guide a discussion between the parties. In circumstances where the parties do not wish to meet face to face, either party can request “caucus” mediation, and the facilitator will conduct separate meetings.

Should either party terminate the Mediation before a resolution is reached, the facilitator will not be available as a witness in any future investigation or hearing. This is in keeping with the concept that the facilitator is impartial and is only facilitating the interaction between the two parties and is not listening or taking notes for any purpose other than assisting the parties.

If a resolution is reached, the facilitator will draft an Informal Resolution Agreement. This written and signed Agreement will indicate that the formal complaint has been resolved under this policy without the need for further investigation or to pursue the Formal Investigation and Hearing Process, and it becomes final once it is signed by both parties. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by an Informal Resolution Agreement may result in appropriate responsive/disciplinary actions.

If there is no agreement on a resolution, the complaint will be returned to the Formal Investigation and Hearing Process.