An alternative resolution is a voluntary option available after a Formal Complaint has been filed, but before a final determination has been made as to whether the Policy has been violated.
Any party to a Formal Complaint may request an alternative resolution. While the goal is to reach mutual understanding and resolution, alternative resolutions are only available in certain situations, and all parties must agree to participate. An alternative resolution is not available in certain matters where an employee (faculty or staff) is alleged to have sexually harassed a student or in certain other cases. The Vice President of OCRC will assess each matter in which an alternative resolution is requested to determine if the process is appropriate under the circumstances.
Any investigation that is pending may be paused while an alternative resolution process is ongoing.
Choosing an Alternative Resolution
Alternative resolutions can be a preferred option for parties wanting a quicker resolution to their reported concerns and agency in crafting their desired outcome. Resolutions can take a variety of forms and can include individual or community remedies such as educational programming or training. In some instances, mediation or indirect action by OCRC or other appropriate university officials may be part of the outcome.
Entering into an alternative resolution does not constitute an admission of wrongdoing by the respondent; however, a reporting party may request an admission in the form of an apology as part of a desired outcome.
Pursuing an Alternative Resolution
If you are considering pursuing an alternative resolution, the following information outlines the steps and considerations involved in initiating this process. At any time, any party may withdraw from the alternative resolution process, and the university will resume the Formal Resolution process.
1
Initiating the process
Any party may contact OCRC to request an alternative resolution after submission of a Formal Complaint to OCRC and before a decision about whether the Policy has been violated. In some instances, an OCRC facilitator may contact the parties to recommend an alternative resolution.
2
OCRC facilitates the alternative resolution
Once the parties agree to an alternative resolution and OCRC has approved an alternative resolution as appropriate for the complaint, a trained OCRC facilitator is assigned to speak with the parties separately and determine whether a resolution can be reached. All parties may have an advisor present during the process.
3
Determining outcomes
If an agreement is reached
If the parties mutually agree upon terms to resolve the reporting party’s complaint, the OCRC facilitator will draft a written agreement, sharing it with all parties to sign and execute. OCRC then may close the matter, and the allegations in the Formal Complaint will be considered resolved once the terms of the agreement are met.
In the event a respondent does not comply with the terms of an alternative resolution agreement, OCRC will take action to ensure the agreement is implemented, including resuming the Formal Resolution process if the terms aren’t met.
If an agreement is not reached
If the parties are unable to mutually agree upon terms to resolve the reporting party’s complaint, the university will resume the Formal Resolution process.