Informal Resolution is an agreement-based alternative to the formal resolution process where the parties each voluntarily agree to resolve the complaint in a way that does not include an investigation and/or hearing. Informal Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. An informal resolution does not necessarily require the parties to meet together. An informal resolution may involve an Institute employee and/or a third-party facilitator, acting as neutral facilitator of the process, to be selected by the Institute. Anyone designated to facilitate an informal resolution process will not have a conflict of interest or bias. Informal resolution may involve mediation or restorative practices, by which the parties reach a mutually agreed upon resolution of an allegation. An informal resolution can include an acceptance of responsibility by the Respondent. The Title IX Coordinator or designee may also, with the consent of the parties, negotiate and implement an agreement to resolve the allegations that satisfies all parties. If Informal Resolution is initiated, the Title IX Coordinator must still take other prompt and effective steps as needed to ensure that discrimination does not continue or recur within the education program or activity.
Any party may design a proposed agreement between the parties. The Title IX Coordinator must approve of the use of the Informal Resolution process and approve the final agreement between the parties. Informal Resolution may be initiated by any party at any time prior to the release of a hearing or Decision Maker outcome. Once the final terms of the Informal Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Agreements reached via the Informal Resolution Process are final and cannot be appealed.
At any time, the Title IX Coordinator has the discretion to determine that Informal Resolution is not an appropriate way to address the reported conduct and can refer the matter to the formal resolution process. The Institute will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to the formal resolution process.
Prior to the initiation of Informal Resolution, the Title IX Coordinator will provide the parties written notice that includes:
- The allegations and the specific conduct that is alleged to have occurred;
- The requirements of the Informal Resolution process;
- Any consequences resulting from participating in the Informal Resolution process, including the records that will be maintained or could be shared, and whether the Institute could disclose such information for use in a future Institute resolution/grievance process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate;
- Notice that once an agreement is finalized and signed by the parties, the agreement is binding only on the parties, the resolution is not subject to appeal, and the parties cannot initiate or continue an investigation procedure arising from the same allegations;
- A statement that the Respondent is presumed not responsible for violating this Policy, unless Respondent admits to or accepts responsibility for violations of this Policy;
- An explanation that all parties may be accompanied by an advisor of their choice;
- A statement that any party has the right to withdraw from the Informal Resolution process and initiate or resume formal resolution procedures at any time before agreeing to an informal resolution;
- Notice that any violations of the agreed terms of the Informal Resolution Agreement may result in referral to the Student Code of Conduct or Human Resources for disciplinary action; and
- Information regarding Supportive Measures, which are available equally to the parties.
