An Informal Resolution Process is a voluntary process in which a trained facilitator assists the parties in resolving the allegations made by a complainant.  An Informal Resolution prioritizes educational and conciliatory approaches over more adversarial contestation of the facts.  One objective of the Informal Resolution is to provide to the parties an opportunity to hear each other’s concerns and address them as collaboratively and usefully for the parties as possible, with the assistance of the facilitator.  

The intent of an Informal Resolution Process is for the parties to undertake a facilitated discussion regarding the matters at issue related to the allegations to see if they can reach agreement on a resolution that leaves both parties feeling satisfied with that resolution. The Informal Resolution Process is not available if the respondent in a sexual misconduct complaint is a faculty or staff member of the College and the complainant is a student.   Supportive measures are available to both parties in the same manner as they would be if the formal complaint were proceeding under the formal grievance and hearing process.

The Title IX Coordinator will offer the Informal Resolution Process to the parties after a formal complaint is filed by a complainant.  Both parties must consent to use the Informal Resolution process.  Either party in an Informal Resolution process may terminate it at any time and the complaint will proceed to the formal grievance and hearing process.  In some instances, as detailed below, the facilitator in the Informal Resolution process may terminate the process as well. A written notice will be given to both parties before entering an Informal Resolution Process, and both parties must consent to the process in writing. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process, or to withdraw from an Informal Resolution Process.

If both parties consent to participate in the Informal Resolution process, the College will assign a facilitator who will act in an independent, impartial manner to facilitate a resolution between the parties.  The facilitator will be trained on how to perform the role.  The facilitator will also be screened to ensure that such person is free from conflicts of interest and bias.

The facilitator will schedule one or more meetings with the parties.  The facilitator will assist the parties in communicating information and opinions to the facilitator and each other regarding the allegations in an effort to find common ground and a resolution of the allegations that is satisfactory to both parties.  The facilitator may meet separately with each party to explore the party’s views about the allegations and desired outcome from the process.  Either party can elect to have any meeting occur so that the parties are in different rooms and the facilitator “shuttles” between the parties.

The facilitator’s role is to conduct the Informal Resolution process in a way that is impartial and does not favor one party over the other.  The facilitator will not be available as a witness in any hearing that may occur should either party terminate the Informal Resolution process before a resolution.  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.  Should the Formal Complaint be returned to the formal grievance and hearing process of this policy, the parties may not disclose information shared by the other party during the informal resolution process in the hearing.  This confidentiality protection does not apply to information that is learned outside the Informal Resolution process through the investigation or otherwise.

A resolution is reached only if both parties agree. The facilitator will not impose an outcome, although they may assist the parties in suggesting resolutions that appear to meet the parties’ needs.  If there is no agreement on a resolution, the complaint is returned to the formal grievance and hearing process outlined in this policy.  A party may terminate the informal process at any time before the final written resolution is signed.  If an agreement is reached, the facilitator will draft a document reflecting the agreement between the parties that becomes final once it is signed by both parties.  This written and signed resolution indicates that the complaint has been resolved under this policy without the need for further investigation or to pursue the formal grievance and hearing process. If an Informal Resolution Process does not result in an agreed-upon resolution, the complaint returns to the formal Title IX grievance and hearing process.