Alternative Resolution Process
The Alternative Resolution process is designed to eliminate the prohibited conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the Complainant while still maintaining the safety of the overall campus community.
The Alternative Resolution process will only be used at the request and agreement of both the Complainant and Respondent and under the direction of the Director of Equity & Title IX Coordinator. Requesting an Alternative Resolution process does not automatically guarantee that the request will be granted even with the agreement from both parties. The Office of Equity & Title IX will evaluate each case individually to assess whether Alternative Resolution is appropriate. Director of Equity & Title IX Coordinator will review the matter to the extent necessary. This review may include consultation with appropriate University employees and seeks to ensure that agreement to an Alternative Resolution process was without pressure or compulsion from others. The Alternative Resolution options available under this policy recognize:
- Participation in this process is voluntary, and either the Complainant or Respondent can choose to end the process at any time prior to signing the agreement.
- The University of Redlands can also choose to stop this process whenever either party is no longer displaying the intention of addressing harm and restoring trust or if the details of the complaint fundamentally change and result in a different policy violation.
- Both the Complainant and Respondent must participate in individual conference meetings with appropriate staff to learn more about the Resolution process prior to participating.
- The process can only be used once and will not be considered if requested by a repeat Respondent under the Title IX policy.
- Any agreements that are reached during the Alternative Resolution process must be documented, signed by the Complainant and Respondent, and approved by the Director of Equity & Title IX Coordinator.
- If either party, or the university choose to stop the process, or if no agreement is reached, the matter may be referred to the Director of Equity & Title IX Coordinator for further action.
- When parties agree, the agreement is then including in the conduct record and both parties are held accountable to that agreement.
- Parties may be charged with Failure to Comply with a Directive of a College Official (Charge 5a.) under the Student Conduct Code for failure to meet the requirements laid out in the agreement.
- All Parties can be accompanied by a Support Person at any meeting during the Alternative Resolution process.
Possible options to utilize in the Alternative Resolution process are outlined below:
- Restorative Justice Processes- is a philosophical approach that embraces the repairing of harm, healing of trauma, reconciliation of interpersonal conflict, and reintegration of people who have been marginalized through participatory learning and improved decision-making skills. Rather than focusing on what policies have been violated, Restorative Justice processes instead identify who has been harmed and what actions are necessary to repair the harm.
- Formal Restorative Conference- participation in a discussion by trained facilitators with any persons harmed and development of a shared agreement of how to correct the harm. The Complainant and Respondent as well as identified people who were impacted by this incident work together to develop an agreement that resolves the issue, help the Respondent restore their standing in their community, and repair relationships that were damaged by their actions.
- Mediation Process- this option is confidential way for people to resolve disputes with the help of a neutral mediator who will help parties discuss their differences. The meetings will include discussion on the behavior, the impact on the Complainant, Respondent, and the community. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties develop solutions.
- Other options of Alternative Resolution include:
- This may include restorative statements, apology, other educational activities, etc.
- Shuttle Diplomacy - The crafting of an agreement using restorative justice framework that does not require parties to participate in an in-person conference with each other. The mediator will work with parties individually to create an agreement that both parties can agree to.
- Acceptance of responsibility - the Respondent can choose to take responsibility for the alleged policy violations and work directly with the Office of Equity & Title IX to resolve the matter. In this case, the Office of Equity & Title IX will share the final outcome with the Complainant.
- When a Complainant is not willing to communicate to the Respondent at all yet would like an Alternative Resolution, the Office of Equity & Title IX is able to support their request by directly working with the Complainant. This may include:
- Interim Measures:
- Counseling Sessions
- Housing Relocation
- Academic Support – i.e. If a Complainant and Respondent are in the same class, the Office of Equity & Title IX can assist in making classroom arrangements
- Permanent No Contact Order
- Additional Resources:
- Alcohol Education Classes
- Bi-weekly or Monthly check in meetings with the Director of Equity and Title IX Coordinator.
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