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Resolution Processes

Resolution Processes


Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with CWC procedure. Although there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose, with the exception of information the parties agree not to disclose related to Informal Resolution, discussed below. CWC encourages parties to discuss any sharing of information with their Advisors before doing so. 

a. Informal Resolution 

Informal Resolution can include three different approaches:

● When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation. 
● When the parties agree to resolve the matter through an alternate resolution mechanism as described below, including mediation, restorative practices, etc., usually before a formal investigation takes place; see discussion in b., below.
● When the Respondent accepts responsibility for violating procedure, and desires to accept a sanction and end the resolution process (similar to above, but usually occurs post-investigation); see discussion in c., below.

To initiate Informal Resolution, a Complainant needs to submit a formal complaint, as defined above.  A Respondent who wishes to initiate Informal Resolution should contact the Title IX Coordinator.

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process. 

Prior to implementing Informal Resolution, CWC will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by CWC. 

CWC will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution. 

 

b. Alternate Resolution Mechanism

Alternate Resolution is an informal mechanism, including mediation or restorative practices, etc. by which the parties reach a mutually agreed upon resolution of an allegation. All parties must consent to the use of an Alternate Resolution mechanism.

 

The Title IX Coordinator may look to the following factors to assess whether Alternate Resolution is appropriate, or which form of Alternate Resolution may be most successful for the parties:

The parties’ amenability to Alternate Resolution;

  • ●Likelihood of potential resolution, taking into account any power dynamics between the parties;
  • ●The parties’ motivation to participate;
  • ●Civility of the parties;
  • ●Results of a violence risk assessment/ongoing risk analysis;
  • ●Disciplinary history;
  • ●Whether an emergency removal is needed;
  • ●Skill of the Alternate Resolution facilitator with this type of allegation;
  • ●Complaint complexity;
  • ●Emotional investment/capability of the parties;
  • ●Rationality of the parties;
  • ●Goals of the parties;
  • ●Adequate resources to invest in Alternate Resolution (time, staff, etc.)

 

The ultimate determination of whether Alternate Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution or Alternate Resolution are not appealable.

 

c. Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged procedure violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria above.

 

If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and CWC are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of CWC procedure and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary.

 

This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

 

When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the sexual harassment or retaliation, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

 

d. Negotiated Resolution

The Title IX Coordinator, with the consent of the parties, may negotiate and implement an agreement to resolve the allegations that satisfies all parties and the CWC. Negotiated Resolutions are not appealable.