Resolution Processes

The Resolution Options include the Formal and Informal Resolution Processes. The Title IX and Equity Office is available to meet with anyone who wants to learn about the university’s formal and informal resolution processes. Below are summaries and flowcharts describing each process.

An informal resolution is a remedies-based resolution process that does not involve an investigation, hearing, or appeal. It is an alternative to the formal resolution process and may take a variety of customizable forms that can include, but is not limited to, shuttled mediation, a facilitated conversation(s), or the submission of impact and mitigation statements. An informal resolution process may only be initiated with the consent of the Complainant, Respondent, and the university.

The informal resolution process generally includes a number of steps, which are outlined in this flowchart.

Generally, the outcome focuses on the harm caused to the Complainant and may include agreement by the Respondent to participate in appropriate and reasonable remedies. These remedies could be similar to measures imposed as disciplinary sanctions, but they are always determined through mutual agreement.

The University has two separate procedures for determining whether the reported conduct occurred.  When the formal complaint alleges Sexual Harassment, the University assigns the matter to an external Adjudicator to decide the outcome. When the complaint alleges any other form of Prohibited Conduct that is not Sexual Harassment, the Investigator decides the outcome. Both resolution processes apply a preponderance of the evidence standard, are guided by the same sanctioning considerations, and provide the same appeal rights and grounds to the parties.

Formal Resolution Process for Allegations of Prohibited Conduct that is not Sexual Harassment

When the complaint alleges Prohibited Conduct that is not Sexual Harassment, the outcome will be decided by the Investigator.

Following the evidence review and the exhaustion of all requested and relevant investigative steps, the Investigator will prepare a written investigation report that fairly summarizes the information gathered in the investigation and reaches a determination on whether the Prohibited Conduct occurred, using a preponderance of the evidence standard.

The Investigator will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

If the Investigator is not persuaded under the applicable standard by the evidence that Prohibited Conduct occurred, whatever the quantity of the evidence is, the Investigator will not determine that Prohibited Conduct occurred. The determination will include a rationale. If the Respondent is found responsible for engaging in Prohibited Conduct, the determination will include a sanction, and the procedures and permissible bases for the Complainant and Respondent to appeal. 

Formal Resolution Process for Allegations of Sexual Harassment

When the complaint alleges Prohibited Conduct that is Sexual Harassment, the outcome will not be decided by the Investigator, but rather, by the Adjudicator.

Based on the written responses to the evidence review, the Investigator, in coordination with the Title IX Coordinator, will determine whether further investigation is required. In either case, the Investigator will produce an investigation report.  The investigation report will fairly summarize the relevant information gathered in the investigation, and will not include a determination on responsibility.

The Adjudicator may reach credibility determinations, but may not base credibility determinations on a person’s status as a Complainant, Respondent, or witness.  The Adjudicator will be an external professional who is free from conflicts of interest and bias for or against either party in the matter and the Complainant or Respondents generally.