Alternative Resolution options are voluntary and focus on remedies that balance support and accountability for affected parties without pursuing formal disciplinary action against a Respondent. The goal of Alternative Resolution is to address prohibited conduct, identify harms and impacts, and develop a resolution agreement to repair harm and prevent future misconduct.
What is Alternative Resolution?
Alternative Resolution is a structured process facilitated by staff from the Office of Student Conduct & Conflict Resolution (OSCCR) who have been trained in restorative justice. There are a number of methods that may be employed to meet the needs of the Complainant and include participation by the Respondent and may include other affected community members (e.g. friends, roommates, family, etc.)
Alternative Resolution is Voluntary
Participation in Alternative Resolution is completely voluntary for all parties. Parties are expected to participate in good faith.
Beginning with the Complainant, parties may choose whether or not their chosen Alternative Resolution method will include face-to-face interactions.
Alternative Resolution is not Disciplinary
Participants in Alternative Resolution procedures will not be disciplined by the University for violations of the University’s prohibition on the personal use of drugs or alcohol. Moreover, the University may offer leniency with respect to other violations that emerge through alternative resolution procedures, depending on the circumstances involved.
Alternative Resolution does not include an investigation, hearing, or disciplinary action against a Respondent.
In Alternative Resolution the Respondent agrees they have responsibility for doing harm and is willing to repair it, but this does not mean that they admit responsibility for violating University policy
All participants may be accompanied by up to two support people of their choosing for any meeting related to the Alternative Resolution. Support people will be asked to agree to the Roles & Responsibilities for Support People agreement.
Either party may terminate the alternative resolution process up to the point of completion of any time bound items in a resolution agreement.
If Alternative Resolution is unsuccessful, the matter is referred back to the Title IX Coordinator for possible further action.
If any time bound action items included in the resolution agreement are not completed by the Respondent, OSCCR will place an administrative hold on their account. The hold is only removed upon completion of any overdue action items.
If a party opts to end Alternative Resolution and pursue a formal investigation, to the extent permitted by law, information obtained during Alternative Resolution cannot be used in any other University or legal process, including a formal investigation
Shuttle Negotiation is an indirect conversation between a Complainant and Respondent that is facilitated by a third party. Parties can each privately share their thoughts, feelings, and experiences related to an incident as a means to “tell their stories.” The facilitator may also relay questions and answers, and provide suggestions to move the conversation forward. Parties will consider what actions could meaningfully resolve the incident. If possible, parties will mutually build an agreement intended to serve as a resolution to their expressed needs
Restorative Justice Conferences and Circles
Restorative Justice Conferences and Circles bring some or all impacted parties together to talk about an incident and to settle on a plan to repair the harm that resulted. The Respondent takes responsibility for causing harm and is willing to repair harm, but this does not mean that they are responsible for violating University policy. Victims and/or affected community members are given an opportunity to articulate the harms they experienced and what related needs they have, while those who caused the harm voice their ideas of how to repair it - resulting in an outcome agreement that all can agree to
Facilitated Dialogue is a conversation between two or more parties facilitated by a trained, multi-partial individual, that may be appropriate in some cases. During the conversation parties engage in dialogue regarding issues of mutual concern. Agreements are not always a goal of facilitated dialogue, but may happen. Parties work toward mutual understanding of one another’s opinions and beliefs on a situation