Upon completion of an initial assessment, the Title IX Coordinator will consider the range of procedural options based upon the information available at that time, including:
Investigative resolution: includes in the following order (a) an investigation by OIE resulting in a written report containing a summary of the evidence; (b) a hearing, to determine by preponderance of the evidence if there has been a Policy violation; (c) the imposition of sanctions and other appropriate remedies if there has been a finding; and (d) the opportunity to challenge the outcome of the hearing or the sanction through an appeal;
Adaptable resolution: is typically a facilitated or structured interaction between the Complainant, the Respondent, and/or other affected community members that seeks to identify and meet the needs of the Complainant while providing an opportunity for the Respondent and/or other affected community members to repair harm (to the extent possible). Adaptable resolution includes a separate initial intake meeting by a trained adaptable resolution coordinator and each of the parties to identify interests and needs. At the respective initial intake meetings, parties will independently explore a range of adaptable resolution processes as set forth in greater detail in Section XIV below. For adaptable resolution to be used, the parties must reach agreement on a preferred approach. Adaptable resolution typically does not include an investigation, hearing, or disciplinary action against a Respondent (including transcript notations), but may include imposing appropriate and reasonable remedies, including education and training, as agreed to by the parties. Any agreement reached through adaptable resolution will be binding on the parties and may not be appealed. However, either party may discontinue the adaptable resolution process at any time (up to the point of agreement) and request investigative resolution. Should the process revert to investigative resolution, information obtained through the alternative resolution process may not be utilized in the investigative resolution; and
Additional remedies: may include training and other educational measures to members of the University community.
Detailed information regarding investigative resolution, adaptable resolution, and additional remedies is set forth below in Sections XIII, XIV, and XV respectively.
The Title IX Coordinator’s course of action will be guided by: (1) whether the Complainant wishes to pursue investigative or adaptable resolution; (2) whether the Complainant requests anonymity, that an investigation/hearing not be pursued, and/or that no disciplinary action be taken; (3) the availability of information or evidence suggesting that a policy violation may have occurred; and (4) the University’s Title IX obligation to investigate or otherwise determine what happened and take corrective action as appropriate to eliminate, prevent and address the effects of the Prohibited Conduct.
A. WHERE THE COMPLAINANT WISHES TO PURSUE INVESTIGATIVE RESOLUTION
In every case in which the Complainant reports Prohibited Conduct and requests an investigation and the University has disciplinary authority over the Respondent, the Title IX Coordinator will conduct an initial assessment to determine if investigative resolution is appropriate under the Policy. If investigative resolution is deemed appropriate, the University will initiate an investigation.
Generally, if the reports of Prohibited Conduct are against someone who has no affiliation with the University, the University’s actions will be limited. Even though the University’s ability to take direct action against such a person may be limited, the University will still take steps to provide the Complainant immediate support and assistance available through University resources and resources available from entities outside the University (including law enforcement).
B. WHERE THE COMPLAINANT REQUESTS ANONYMITY, THAT AN INVESTIGATION NOT BE PURSUED, AND/OR THAT NO DISCIPLINARY ACTION BE TAKEN
A Complainant may request that their name or other personally-identifiable information not be shared with a Respondent, that no investigation/hearing be pursued, or that no disciplinary action be taken. In these instances, before taking any further investigative steps, the Title IX Coordinator will consult with DOS and Police & Public Safety as described in Section XII below.
C. WHERE THE COMPLAINANT REQUESTS THE MATTER BE RESOLVED THROUGH ADAPTABLE RESOLUTION
A Complainant may request to OIE that the reported matter be resolved through an adaptable resolution process. In these instances, the Title IX Coordinator will determine whether that approach is appropriate and whether the University needs to take additional actions. If the matter is appropriate to be resolved through an adaptable resolution process, the Title IX Coordinator will refer the matter to OSCR as described further in this policy. (See page 20 for more information about OSCR.) An agreement to pursue adaptable resolution does not preclude the possibility of subsequently initiating the investigative resolution procedures if adaptable resolution is unsuccessful.