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 Claimant, the Respondent, and/or other affected community members that seeks to identify and meet the needs of the Claimant 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 Claimant wishes to pursue investigative or adaptable resolution; (2) whether the Claimant 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.