海角社区

The 海角社区 recognizes that some Parties may desire resolution of their matter through an Alternative Resolution process ("Informal Resolution"), instead of through the formal resolution process (Investigation). Alternative Resolution is an option on a case-by-case basis for addressing complaints where all parties, including the University, have voluntarily agreed to participate in writing.

The Title IX Coordinator / DHR Administrator has discretion to determine whether it is appropriate to offer an informal resolution process and may decline to allow informal resolution despite the request of one or more of the Parties.

• Timeframe: The informal resolution process may take place at any time before a determination of responsibility is made, but no later than 60 Working Days after both Parties provide voluntary, written consent to participate in the informal resolution process. The Parties and the Title IX Coordinator / DHR Administrator may agree to one or more extensions of the 60 Working Day deadline, which will be confirmed in writing. The timeline of the formal complaint resolution process will be paused during the pendency of any informal resolution process.

Click the following link to download a copy: Alternative Resolution Process Chart

• Key Components of the Alternative Resolution Process

  A. The Title IX Coordinator / DHR Administrator has discretion to determine whether it is appropriate to offer an informal resolution process and may decline to allow informal resolution despite the request of one or more of the Parties.

  1. Circumstances when the Title IX Coordinator/DHR Administrator may decline to allow informal resolution include but are not limited to a determination that the alleged conduct would present a future risk of harm to others.

  B. The Title IX Coordinator/DHR Administrator will conduct or oversee the informal resolution process and conduct an initial and on-going assessment as to whether the process should continue.

  C. Prior to approving an informal resolution, the Title IX Coordinator/DHR Administrator will consult with the appropriate administrator responsible for discipline.

  D. The Title IX Coordinator/DHR Administrator will make the final determination on all informal resolution processes regarding whether the terms agreed to by the Parties are appropriate considering all of the circumstances of the Complaint.

  E. When the informal resolution process is offered, and to the extent necessary, the Title IX Coordinator/DHR Administrator will also take other appropriate prompt and effective steps to ensure that the alleged violations of the Nondiscrimination Policy do not continue or recur within the University's education programs, activities, or employment.

  F. Neither Party will be required or pressured to participate in an informal resolution process. The Title IX Coordinator/DHR Administrator must obtain the Parties' voluntary written consent to participate in the informal resolution process and must not require waiver of the right to an investigation and determination of a Complaint as a condition of enrollment or continuing enrollment, employment or continuing employment, or exercise of any other right.

  G. The person facilitating the informal resolution process must not be the same person as the Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the Investigator. In addition, any informal resolution agreements facilitated by the Title IX Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil Rights.

  H. Any person facilitating an informal resolution process will receive appropriate training and must be free from a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

• Potential Terms of an Informal Resolution Agreement

  Potential Terms: Potential terms that may be included in an informal resolution agreement include, but are not limited to:

  • Apology, written or verbal;

  • Relocation or removal from a residence hall or other University provided housing, subject to availability;

  • Changes in academic arrangements, such as changing class sections or locations;

  • Changes in work schedules or locations;

  • Limitations on or agreements related to participation in and/or presence in/at events, extracurricular activities, student organizations, recreational facilities, athletics, etc.

  • Participation in and/or successful completion of alcohol or drug education or counseling;

  • Participation in counseling services for mental or behavioral health;

  • Participation in specific educational opportunity or training;

  • Voluntary educational, mentoring, coaching, or counseling sessions, which may or may not include stipulations, such as proof of successful completion or statement of active participation from the mentor / coach / counselor;

  • Verbal counseling or warnings;

  • Collaborative agreements on behavioral or institutional changes;

  • No-contact directives, or other restrictions on contact, communication, and/or interactions between the Parties;

  • Restrictions on Respondent's movement or access to specific locations at the University;

  • Alternative seating arrangements for graduation;

  • Complainant sharing of an impact statement with the Respondent;

  • Admission or acceptance of responsibility for causing harm and/or the alleged conduct;

  • Community service;

  • Voluntary participation in formal disciplinary action for Respondent;

  • Restrictions on the Respondent's participation in one or more University programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions had it determined at the conclusion of the formal complaint resolution process that a violation of the Nondiscrimination Policy occurred; or

  • Other mutually agreed upon outcomes or resolutions.
    1. Any agreed-upon Remedies and Disciplinary Sanctions agreed to in an informal resolution have the same effect as Remedies given and Disciplinary Sanctions imposed following an investigation or hearing.
    2. Written agreement is signed (final & binding)
       1. Process outcome
          1. The signed terms take effect immediately and the formal complaint is closed.
          2. The agreement cannot be appealed by either party.
          3. The Title IX Coordinator monitors compliance; failure to follow the terms may reopen a formal case or lead to separate discipline.

• What if a party doesn't agree to the Alternative Resolution Agreement Terms?

  Either Party has the right to withdraw from the informal resolution process and begin or continue with the formal complaint resolution process at any time before agreeing to a resolution.

• Difference Between Formal Investigation and Alternative Resolution

  The following chart contains a comparison of Rights and Options between a Formal Investigation and Alternative Resolution.

  Right/Option	Formal Investigation + (if required) Hearing	Alternative (Informal) Resolution
  How is the process initiated?	The process begins when a Formal Complaint is filed and accepted by the Title IX/DHR Coordinator. The University investigates to determine if policy was violated.	The process is initiated only if 鈥渁ll parties and the University voluntarily agree in writing鈥� to resolve the complaint without a formal investigation and/or hearing.
  Can I withdraw my complaint?	A Complainant may ask to withdraw their complaint, but the University may still continue the investigation. Either party can choose not to participate at any time.	Either party may withdraw at any time before an agreement is signed. If either party withdraws, the case then moves to the Formal Investigation process.
  Who decides if there has been a policy violation?	A neutral Hearing Officer makes the decision after a hearing. In Non-Hearing cases, the Investigator makes the determination.	No finding of responsibility is made. The process resolves the matter through a voluntary agreement.
  Can I bring someone to support me?	Yes. Either party may bring an advisor to every meeting held with the University, the Investigator, or Title IX & Inclusion staff.	Yes. Either party may bring an advisor to any Alternative Resolution meetings.
  What information do I get to receive?	Parties receive a preliminary investigation report and access to all evidence. Each may respond before the report is finalized.	Parties receive only the information necessary to participate in and agree to the resolution. No evidence review or findings occur.
  When should the process be concluded?	The investigation report should be completed within 100 working days of the Notice of Investigation; the Hearing decision should be completed within 15 working days after hearing concludes.	Resolution should be reached within 60 working days of both parties鈥� written consent to participate in Alternative Resolution.
  Who determines what the outcome or sanctions should be?	The Hearing Officer (or Investigator in Non-Hearing cases) imposes sanctions and remedies.	Parties contribute to a written agreement. Terms are enforceable through the Title IX & Inclusion office and/or Student Conduct.
  Can I appeal the decision?	Yes, parties may appeal the written outcome on specific grounds provided in the policy.	No, because the resolution is voluntary and does not include a determination or sanction to appeal.
  What happens if the sanctions are not completed and who enforces them?	If sanctions are not completed, the University enforces them through its disciplinary processes to ensure compliance.	Agreed-upon terms are monitored and enforced by the University, and failure to comply may become a Student Conduct disciplinary procedure.
  When am I able to get supportive measures?	Supportive measures are available 鈥渂efore, during, and after the resolution of a complaint,鈥� regardless of whether an investigation proceeds.	Supportive measures are also available at any stage, independent of the resolution process, to ensure safety and equal access.
  How is all of the information stored afterwards?	Records of the complaint, investigation, outcome, and sanctions are maintained by the University in accordance with 海角社区 record-retention requirements.	Documentation of the agreement and completion of terms is retained by the University under the same recordkeeping obligations as a Formal Investigation.

   

• Outcomes, Records, & Privacy: Investigation vs. Alternative Resolution

  The following chart contains a comparison of Outcomes, Records, & Privacy between a Formal Investigation and Alternative Resolution.

  	Formal Investigation + (if applicable) Hearing	Alternative (informal) Resolution
  When the outcome becomes binding	After the appeal window (or a written appeal decision) closes the finding & sanctions are final. Only the campus or a court order can later reopen the case.	The moment all parties & the Title IX Coordinator sign the written agreement. No appeal; reopening only if someone violates the terms or everyone later agrees in writing to modify them.
  What's enforceable?	Sanctions (e.g., suspension, expulsion, termination) and remedies are mandatory; non-compliance triggers additional discipline. Supportive measures continue and can be adjusted.	Every term in the agreement (e.g., no-contact, schedule changes, education sessions) carries the weight of a contract. Breach can revive the formal case or lead to Student Conduct/HR action.
  Appeal Rights	Guaranteed by 海角社区 policy. Either party may appeal on limited grounds (procedural error, new evidence, bias, etc.). After that, the decision is final.	None; waived by signing.
  Where the outcome is recorded	Student cases: Maxient conduct file; transcript notation only when 海角社区 policy requires (e.g., suspension/expulsion). Employee cases: Official personnel file.	A copy of the signed agreement sits only in the confidential Title IX file (and, if it includes a disciplinary sanction like suspension, that sanction is recorded in the normal conduct/personnel system). It is not labeled as a formal finding of responsibility.
  How long records are kept	Minimum 7 years from case closure, as required by federal law. Files include: complaint, evidence, recordings/transcripts, final decision, sanctions, appeals, and all supportive-measure logs.	Same 7-year federal minimum. Title IX file must show: parties鈥� written consent to informal resolution, the agreement itself, any sanctions/remedies, and documentation of enforcement.
  Public disclosure	FERPA/HR confidentiality rules apply; the University may release the disciplinary 鈥渄irectory information鈥� it normally discloses (e.g., name, violation, sanction) if applicable.	The agreement is not public and is only shared with offices that must implement or monitor the terms, unless required by law or subpoena.