The informal resolution process is a voluntary, structured interaction between involved parties (complainant and respondent) to resolve the allegations following the filing of a formal complaint and prior to a formal hearing on the allegations. The informal resolution process is intended to be flexible while also providing for a full range of possible outcomes.
The following are the parameters by which an informal resolution may be conducted.
- The Title IX Coordinator may offer the parties the opportunity to become involved in an informal resolution process. Likewise either party (complainant or respondent) may petition the Title IX Coordinator in writing to offer an informal resolution process to the other party. The Title IX Coordinator is the sole administrator who determines if an Informal Resolution (hereafter IR) is appropriate given the allegations.
- The Title IX Coordinator and/or the coordinator’s trained designee (here after facilitator) will supervise the informal resolution process. The facilitator will present the option of an Informal Resolution and proposed terms to each Party independently and in writing. All related communication will go through the facilitator. Participation in an Informal Resolution is voluntary for all Parties and requires full informed and written consent. If either Party does not agree with the proposed terms, or is uninterested in engaging in negotiations, the party may continue with the University’s grievance process at any time before signing the Informal Resolution Agreement.
- The IR will be voluntary for both parties and each party must submit a written request to become involved in the IR. An informal resolution cannot be offered if the complainant is a student and the respondent is an employee.
- The IR will not require the parties to confront each other or even be present in the same room.
- The parties may consult their advisor or have their advisor present at any time an IR meeting occurs.
- Either party may withdraw, without penalty, from the IR up until a written resolution agreement is signed by both parties. If either party withdraws from the IR, the formal grievance process will resume.
- A signed resolution agreement is binding on both parties.
- The facilitator(s) has the authority to end the resolution process if the facilitator(s) believes that one or both parties are not operating in good faith. If this happens, the formal grievance process will resume.
- Both parties and the facilitator (s) will have an opportunity to offer proposals to become a part of the final outcome(s)/agreement. An IR agreement may include, but is not limited to, an admission of responsibility, an admission of false allegations, disciplinary/punitive sanctions, counseling, and involvement in an educational program.
- The Facilitator(s) and both parties must all agree to the outcome(s) of the IR. In doing so the facilitator will write a binding agreement based upon the parties verbal agreement with the negotiated outcome(s). Separately, both parties will then be offered the opportunity to sign this IR agreement. If either party refuses to sign this agreement, the IR will be considered failed and the grievance process will resume.