Agreement-based Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. All parties must consent to the use of an Informal Resolution mechanism.
The Title IX Coordinator may consider a number of factors in assessing whether Agreement-Based Resolution is appropriate and likely to lead to a successful resolution, such as:
- The parties’ amenability
- Likelihood of potential resolution, considering any power dynamics between the parties;
- The nature and severity of the alleged misconduct;
- The parties’ motivation to participate;
- Civility of the parties;
- Results of a violence risk assessment/ongoing risk analysis;
- Respondent’s disciplinary history;
- Whether Emergency Action, Administrative Leave, or other interim action is needed;
- Complaint complexity;
- Emotional investment/capability of the parties;
- Rationality of the parties;
- Any power differentials between the parties; and
- Goals of the parties.
The ultimate determination of whether Agreement-Based Resolution is available or successful is to be made by the Title IX Coordinator.
Any party may craft or create the terms of their agreement and each participating party will be asked for their suggestions or ideas. Examples of terms in Agreement-based Resolutions may include but are not limited to:
- The Respondent will change classes or housing assignments;
- The parties will not communicate or otherwise engage with one another;
- The Respondent will issue an apology to the Complainant;
- The Complainant or Respondent may adjust their work location or work hours, as approved by the relevant supervisors;
- The Respondent will complete a training or educational project;
- The Respondent will complete a community service project;
- Engagement in a restorative justice process or facilitated dialogue;
- Whether the Respondent accepts responsibility for violating the Policy which will be reflected on their student/employment record and/or;
- Other outcomes or sanctions agreed upon by all parties.
When a resolution is accomplished, the Title IX Coordinator will ensure the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the behavior, prevent its recurrence, and remedy the effects of the alleged conduct, both on Complainant and the community.
Results of complaints resolved by Agreement-Based Resolution are not appealable.
Agreement-Based Resolution is not available when Respondent is an employee and Complainant is a student.