Alternative Resolution

The Alternative Resolution (AR) process is a voluntary process that is separate and distinct from the university’s formal investigation processes under the Title IX and Sexual Misconduct Policy. Under this AR process, there will be no disciplinary action taken against a respondent, and the resolution will not appear on either parties’ disciplinary record. The parties may be accompanied by an advisor of choice to any meeting related to the AR process.

A complainant or respondent may request an AR process by informing the Title IX Coordinator for the university (or designee) in writing. The Title IX Coordinator (or designee) may offer the AR process to the parties. The AR process of a complaint is only available in appropriate cases and is never appropriate in cases involving:

• allegations of nonconsensual sexual intercourse; or
• allegations that an employee sexually harassed a student

The Title IX Coordinator has final discretion to determine if it would be appropriate to use an AR process to resolve a sexual misconduct complaint. A formal complaint through the Title IX office must be filed in order to pursue an AR process.

In making a determination as to whether the Alternative Resolution is appropriate, the Title IX Coordinator will consider factors, including, but not limited to, the following:

• The outcome of an individualized safety and risk analysis of the respondent relating to sexual misconduct, physical violence, failure to comply with a cease contact directive, and/or other relevant conduct
• The nature of the alleged conduct, whether allegations involve multiple complainants and/or a pattern of conduct, or other evidence-informed factors indicative of increased risk to campus safety
• Whether the circumstances warrant the Title IX Coordinator filing a complaint. The Title IX Coordinator will provide this determination in writing to the parties. This determination is not appealable.

Participation in an AR process is voluntary, and the university will not require, encourage, or discourage the parties from participating in the AR process. The parties must consent in writing to participate in the AR process.

The Title IX Coordinator will hold an initial process meeting with each party to discuss the AR process and to communicate the parties their rights under the applicable university policies. The Title IX Coordinator will ask the parties to submit written requests that provide detail regarding the remedies that they are seeking. The Title IX Coordinator will share the written requests with the other party and will meet separately with both parties to identify and facilitate areas of agreement.

Any agreements reached as part of the AR process must be approved by the Title IX Coordinator. If the Title IX Coordinator determines at any time prior to the signing of the Alternative Resolution Agreement that the AR process is no longer appropriate, the Title IX Coordinator may terminate the process and refer the matter back to a formal resolution process.

Upon signing the Alternative Resolution Agreement, the complainant and respondent are bound by its terms and cannot elect for a formal resolution process based on the conduct alleged in the underlying complaint. Failure to comply with the signed agreement may result in disciplinary action for either party.

If the complainant’s or respondent’s circumstances change significantly, they may request a supplemental agreement. The Title IX Coordinator will determine whether it is appropriate to proceed.

Depending on the nature and circumstances of the particular situation, the following may be the result of an Alternative Resolution Agreement:

• Voluntary restrictions from participation in particular registered student organizations or campus events;
• Changes to on-campus housing, subject to availability;
• Changes to patronage of specific dining facilities;
• Participation in educational offerings on topics including but not limited to: consent and communication, the use of alcohol or other drugs, healthy interpersonal relationships, stress management and wellbeing;
• Provision to the respondent to read an “impact statement” written by the complainant (describing the impact(s) that the respondent’s alleged conduct had on the complainant); or
• Other measures deemed appropriate by the Title IX Coordinator.

The AR process may be discontinued at any time, prior to the signing of the agreement, by either the Title IX Coordinator (or designee) or either of the parties. If the AR process is discontinued for any reason or if the parties fail to reach a mutually agreeable outcome for the alleged conduct, the complainant or respondent may request to re-engage an investigation and formal process under the Title IX and Sexual Misconduct Policy, as applicable.

Because the university has an obligation to address reports of sexual assault, dating violence, domestic violence, and stalking, the university may use party admissions or other information learned during the AR process in any pending or subsequent formal resolution process.

Once both parties and the Title IX Coordinator sign an Alternative Resolution Agreement, the agreement is final, and the parties are bound by its terms. The allegations addressed by the agreement are considered resolved and will not be subject to further investigation, adjudication, remediation, or discipline by the university, except as otherwise provided in the agreement itself, absent a showing that a party induced the agreement by fraud, misrepresentation, or other misconduct or where required to avoid a manifest injustice to either party or to the university. A signed Alternative Resolution Agreement is not subject to appeal.

The university may also investigate and discipline a party alleged to have breached an Alternative Resolution Agreement. A breach of the agreement will result in a referral to the Office of Student Conduct for a violation of the Code of Conduct policy of "Failure to Comply with the Directive of a University Official" in addition to any other applicable university policies.

In most cases, the Alternative Resolution process will be completed within thirty (30) calendar days of receiving the written request. The university, at its discretion, may extend this timeframe for good cause.

Alleged violations of an Alternative Resolution Agreement, or allegations that the agreement was induced by fraud, misrepresentation, or any other misconduct, should be reported to the Title IX Coordinator, and may be subject to review, which may lead to disciplinary action.

The participation of a respondent in a prior AR process will generally not be considered relevant or taken into account in the resolution of a subsequent, unrelated complaint filed by a different complainant unless the allegations are indicative of pattern of behavior.