Upon receipt of a formal complaint, a college may choose to introduce the option of a voluntary informal resolution process. Informal resolution may include a range of conflict resolution strategies to include arbitration, mediation, or restorative justice. Informal resolution is a voluntary process that must be agreed upon in writing by both parties, and the documented agreement must notify the parties of their right to withdraw at any time from the informal resolution process.
Colleges may not offer or facilitate an informal resolution process to resolve complaints of sexual harassment where the complainant is a student, and the respondent is an employee. The informal resolution process may result in sanctions for a respondent. Colleges may not, under any circumstance, require a party to waive the right to an investigation and adjudication of formal complaints under Title IX. Similarly, a college may not require the parties to participate in the informal resolution of a formal complaint or offer an informal resolution process unless a formal complaint is filed.
Informal resolution, which does not involve a full investigation and adjudication, may be offered at any time prior to reaching a final determination as long as:
- Colleges do not require informal resolution participation as a condition of enrollment or continuing enrollment or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment consistent with this section; and
- The parties receive a written notice that includes the following:
- The allegations.
- The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;
- That at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.
- Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
- Signature blocks for the parties’ voluntary, written consent to the informal resolution process. The complainant and respondent both have the right to terminate the informal resolution process at any time and proceed with the formal grievance process. Furthermore, the Title IX coordinator or designee may, where appropriate, terminate or decline to initiate informal resolution and proceed with formal resolution instead. In such cases, statements or disclosures made by the parties during the informal resolution process may be considered in any subsequent formal proceedings.