8.0.4 Accuser Requests Informal Resolution
An accuser who wishes to file an official complaint within the College, but who does not wish to pursue the formal student or faculty, administrative or staff employee conduct process, may request a less formal proceeding, known as Informal Resolution. Informal Resolution is an adjudicative process; it is not mediation.
Informal Resolution provides an opportunity for the accuser to confront the accused in the presence of and facilitated by the Deputy Coordinator, and to communicate his or her feelings and perceptions regarding the incident, the impact of the incident and his or her wishes and expectations regarding protection in the future. The accused will have an opportunity to respond.
Both the accuser and the accused may each choose an advisor to accompany them throughout the Informal Resolution process. The advisor may advise the accuser or accused during the Informal Resolution. However, the advisor may not address the Deputy Coordinator during the course of the proceedings, question witnesses or participate directly in the Informal Resolution proceedings. When a student is the accuser, the Deputy Coordinator may elect to be assisted by a member of the Sexual Misconduct Hearing Board or a member of the Vice President for Student Affairs/Dean of Student’s staff.
Informal Resolution cannot result in the formal sanctions of suspension or expulsion from the College’s residence halls, the College, or the termination of employment of the accused. Informal Resolution may, however, result in imposing protective actions agreed upon by the parties. Without such agreement, the Title IX Coordinator may impose protective actions based on information derived from the proceedings, taken together with any other relevant information known to the College at the time of the Informal Resolution. The accuser may, at any time prior to the conclusion of the Informal Resolution, elect to end such proceedings and initiate the formal College conduct process instead. In such cases, statements or disclosures made by the parties in the course of the Informal Resolution may be used as evidence in the formal College conduct process. However, the Title IX Coordinator may consider such statements and impose protective actions as deemed necessary until all formal College conduct procedures are completed including the Appeals Process.
In order to promote honest and direct communication, information disclosed during Informal Resolution will remain confidential while the Informal Resolution is pending, except where disclosure may be required by law or authorized in connection with duties on behalf of the College. The investigation and Informal Resolution typically conclude within sixty (60) days Results will include: a finding of in violation or not in violation of Sexual Misconduct for the accused, the sanctions imposed, if any, and an explanation of the rationale for its determination. Title IX requires a document regarding the allegations, investigation and determination be issued concurrently to the accused and the accuser.
Approved May 18, 2015