Alternative Resolution

1. Complaint and Request

A formal complaint is filed by the Complainant.

If you choose to report your experience of discrimination, harassment, or sexual misconduct to the University, a process of review and assessment will begin. At any point during the process, you will have the opportunity to choose not to proceed with any resolution options. The University typically can honor that request.

2. Request Consent to Meet

The OCR staff member or designee assigned to your case will reach out to the complainant via email. They will provide information about resources and options and extend an invitation to meet. The person decides whether or not to meet with the staff member.

3. Complainant Chooses to Meet

If the Complainant chooses to meet, the staff member reviews resources and options with them. The Complainant may request supportive measures and may request to proceed with resolution through formal investigation, educational response, or alternative resolution.

4. Initial Inquiry

An initial inquiry is an assessment by OCR as to whether the allegations, if substantiated, would rise to the level of a violation of relevant policy.

At any point during the process, the complainant will have the opportunity to choose not to proceed. The University typically can honor that request.

5. Complainant Chooses an Alternative Resolution

Once the complaint has passed initial inquiry, the complainant requests to resolve the complaint through alternative resolution.

Note that both Complainant(s) and Respondent(s) may request Alternative Resolution. Alternative Resolution is voluntary, and the University will not require parties to engage in this process.

6. Review

Alternative Resolution must be deemed as an appropriate option by the Associate Vice President or their designee in order to move forward. OCR will evaluate whether alternative resolution is appropriate based on the circumstances. OCR will inform the requesting party of its determination in writing.

The Associate Vice President or their designee may also terminate the alternative resolution process at any point prior to resolution agreement if they believe it is no longer an appropriate option for the parties.

In the event a party withdraws from the alternative resolution process, or the process is terminated by the facilitator, records from the alternative resolution process will not be shared with those investigating the matter but will be maintained by OCR.

7. Notice

If it is determined that alternative resolution is appropriate, both parties will receive a written notice.
The notice will inform the parties of:

• the allegations;
• the requirements;
• their rights, including the rights to consult an adviser; and
• the name of the facilitator(s).

The notice will also:

• request consent to participate,
• include that at any time prior to agreeing to a resolution, any party has the right to withdraw from the alternative resolution process and resume the Complaint Resolution Process with respect to the Formal Complaint, and
• note that participation in alternative resolution is voluntary and not required by the University, and that parties will have three working days to return the consent agreement.

8. Consent to Participate

All parties to a Complaint MUST agree to participate in Alternative Resolution. If any party does not agree, the matter must proceed to the investigation and formal resolution process.

All parties will be asked to provide voluntary, written consent to the alternative resolution process before it begins.

9. Pre-meetings

The facilitator will hold an initial process meeting with each party separately.

The facilitator will also meet with each party to gain an understanding of what occurred and the needs of each party.

If after meeting with both parties, OCR still believes alternative resolution is appropriate, a meeting will be scheduled to discuss terms.

10. Alternative Resolution Meeting

This meeting will be to discuss the harm, impact, needs of the parties, and potential remedies.

The meeting will be conducted via Zoom and each party with their respective advisors will be placed in separate virtual meeting rooms.

Parties may engage in alternative resolution through facilitated agreements in the form of either a facilitated dialogue or shuttle negotiation.

A facilitated dialogue is when a facilitator, who serves as an intermediary, meets with all parties together to help them reach a mutually agreed upon resolution. Parties will interact directly during a facilitated dialogue.

Shuttle negotiation is when a facilitator, who serves as an intermediary, meets with each party separately to help them reach a mutually agreed upon resolution. Parties will not interact directly with each other during a shuttle negotiation.

The facilitator will shuttle between the parties until a resolution is reached.

11. Alternative Resolution Agreement

If parties reach an agreement, it is binding, and the parties may not request an investigation into the same matter. It will be memorialized in a written Alternative Resolution Agreement. The agreement must be reviewed and approved by OCR's AVP or designee and cannot be appealed.

Examples of resolution terms obtained through this process, may include but are not limited to:

• Participation in educational offerings
• Restrictions from participation in campus events and/or registered student organizations
• Administrative and/or academic changes
• Relocation or removal from on-campus housing
• No Contact Directive

The University will monitor to ensure the terms of the agreement are met, and disciplinary action may be taken if a party fails to comply.