The ADR Process is a voluntary process that is separate and distinct from the University’s Formal Investigation processes under the Title IX and Sexual Misconduct Policies. Throughout this process, a neutral and impartial facilitator will assist Complainant and Respondent in reaching a mutually acceptable agreement to address and/or resolve the allegations in the Formal Complaint. The process may be conducted in-person or by Zoom, in a joint session and/or separate caucuses.
Following the filing of a Formal Complaint and prior to the final determination regarding responsibility, either Party may request to resolve the Formal Complaint through the Title IX ADR Process.
No. The Title IX ADR Process is voluntary. Complainant and Respondent must voluntary consent, in writing, to participate, and the Title IX Coordinator must deem the matter appropriate for the ADR Process as described in the Policy. Voluntary consent means that there can be no conditions placed on the Parties in exchange for their consent.
Either Party may withdraw consent at any time until the ADR Agreement is signed by all Parties, in which case the Formal Process with respect to the Formal Complaint will resume.
If the ADR Process does not produce an agreement, the case will be referred back to the Formal Process. No fault or blame will attach to either Party, and Parties retain the rights they had prior to the initiation of the ADR Process.
In participating in the Title IX ADR Process, the Parties understand that the Formal Process and timeframes, if any, governing the Formal Process temporarily cease, and only recommence upon any reentry into the Formal Process.
The Title IX ADR Process is available for any Complainant and Respondent, except in the following circumstances:
Consistent with the provisions of the Title IX and Sexual Misconduct Policies, the Title IX ADR Process may never be applied as an option to resolve Title IX Prohibited Conduct allegations involving a student Complainant and employee Respondent. It is, however, available if there are allegations involving an employee Complainant and student Respondent.
The Title IX ADR Process is managed by the Director of Informal Resolution Services, who is a neutral facilitator, and does not have a conflict of interest or bias in favor of or against Complainants or Respondents. The facilitator will verify and assure the Parties that she does not have any conflict of interest in favor of or against the specific Parties in the matter.
The Director of Informal Resolution Services is a trained and experienced professional in the Title IX field as well as in the field of Alternative Dispute Resolution and Mediation.
Absent extenuating circumstances, the Title IX ADR Process will be completed within sixty (60) business days of receiving the signed Consent Form from both Parties. The University, at its discretion, may extend any of the Title IX ADR Process timeframes for good cause.
The Title IX ADR Process is *confidential. Any testimony or evidence (including admissions of responsibility) the Parties share or receive during the Title IX ADR Process concerning the allegations in the Formal Complaint is confidential and will not be shared by the facilitator should the matter be referred back to the Formal Process.
The Facilitator shall not be called as a witness to any subsequent University grievance process and will keep all information and evidence gathered during the Title IX ADR Process confidential, excluding threats of imminent harm to self or others, illegal activities, and any new Sexual Assault or Sexual Harassment allegations.
Should the Parties withdraw from the Title IX ADR Process, or if the Title IX ADR Process is otherwise terminated, each Party will keep confidential any information they learned from the other Party during the Title IX ADR Process and will not share it with others or use it in any future proceedings. If a Party shares information in a subsequent proceeding in violation of this provision, the Decision-Maker will be instructed to disregard the information when making a final decision in the subsequent proceeding. However, the Parties can share or use information they obtained themselves prior to the Title IX ADR Process in subsequent proceeding.
To preserve the confidentiality and integrity of the Title IX ADR Process, audiotape, videotape, recording devices, and transmission devices are not permitted.
*Exceptions to Confidentiality: Imminent risk of harm to self or others; New Allegations of Sexual assault or Sexual Harassment; Illegal activities; or when required by law.
Outcomes of the Title IX ADR Process depend heavily on the nature and circumstances of the specific case, as well as the Parties’ requests and suggestions. The following list includes, but is not limited to, possible outcomes of the Title IX ADR Process:
b. Apology statements/letters.
c. Participation in educational offerings.
d. Restrictions from participation in registered student organizations or campus events.
e. No contact orders.
f. Modifications of work or class schedules.
g. Changes to patronage of specific dining facilities.
h. Campus escort services.
i. Changes in housing locations, subject to availability.
j. Leave of absence.
k. Impact statements.
Once the Title IX ADR Agreement is signed by all Parties as well as the Title IX Coordinator, the agreement is deemed final, the Parties are bound by its terms, and the Formal Complaint is considered resolved and will not be subject to further investigation, adjudication, review, appeal, remediation, or discipline by the University, except as otherwise provided in the agreement itself, absent a showing that a Party induced the Title IX ADR Agreement by fraud, misrepresentation, or other misconduct or where required to avoid a manifest injustice to either Party or to the University.
Alleged violations of a Title IX ADR Agreement, or allegations that the agreement was induced by fraud, misrepresentation, or any other misconduct, should be reported to the Title IX Coordinator. Failure to comply with the signed agreement may result in disciplinary action for the offending Party.
If the Parties reach a Title IX ADR Agreement, a record of the Agreement will not be notated on Respondent’s conduct record, unless otherwise stipulated in the agreement itself. Copies of the Title IX ADR Agreement and notes related to the administration of the Title IX ADR process will be maintained by the Office of Equal Opportunity and Title IX Programs in accordance with the applicable records retention policy.
No. The Title IX ADR Process does not determine responsibility for any violations of the Code of Student Conduct and/or the Title IX and Sexual Misconduct Policy, unless otherwise agreed upon by the Parties and stipulated in the Agreement.