I. Purpose. The purpose of this Procedure is to provide a process for informally resolving allegations of Discrimination and Retaliation under the Non-Discrimination Policy (“the Policy”).
II. Scope and Applicability. This Procedure applies to all Employees, Students, and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment, who are participating in the Resolving Discrimination and Retaliation Allegations Procedure.
III. Definitions. All capitalized terms in these Procedures have the meanings provided in the Policy and Resolving Discrimination Allegations Procedure.
IV. Informal Resolution
A. Initiating the Informal Resolution Process
1. To initiate Informal Resolution of an allegation of Discrimination or Retaliation, a Complainant or Respondent may make such a request to the CCFPO at any time after the CCFPO’s receipt of a Report, Complaint or Notice of such conduct and prior to a final determination, or the CCFPO may offer the option to the Parties, in writing.
2. The College 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.
3. Informal Resolution is not available if the CCFPO determines that the alleged conduct would present a future risk of harm to others.
4. Before initiation of an Informal Resolution process, the College will provide the Parties with a NOIA.
5. The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker. The CCFPO may not facilitate an Informal Resolution.
6. It is not necessary to pursue Informal Resolution first in order to pursue a Hearing Resolution Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Hearing Resolution Process.
7. The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Hearing Process, should Informal Resolution not be successful, unless agreed to by all Parties. However, essential facts must and do transfer from the informal process to subsequent resolution proceedings. Disclosing something in an informal setting to shield it from formal admissibility is not permissible.
8. If an investigation is already underway, the CCFPO has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.
D. Categories of Informal Resolution
1. Accepted Responsibility
a. The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the CCFPO will determine whether Informal Resolution is an option.
b. If Informal Resolution is available, the CCFPO will determine whether all Parties and the College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the CCFPO will implement the accepted finding that the Respondent is in violation of a College Policy, implement agreed-upon restrictions and remedies, and determine the appropriate responses in coordination and consultation with other appropriate administrators, as necessary.
c. Informal Resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Resolution Process will either continue or resume.
d. When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.
2. Alternative Resolution
a. The College offers a variety of Alternative Resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations.
b. Alternative Resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s), which could include, but is not limited to, mediation, shuttle negotiation, facilitated dialogue, etc., indirect action by appropriate College officials; and other forms of resolution that can be tailored to the needs of the Parties.
c. All Parties must consent to the use of an Alternative Resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an Alternative Resolution process.
d. The CCFPO will appoint an Informal Resolution Facilitator to direct the Alternative Resolution Process. Such individual may consider the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the Parties:
• The Parties’ amenability to Alternative Resolution
• Likelihood of potential resolution, considering any power dynamics between the Parties
• The nature and severity of the alleged misconduct
• The Parties’ motivation to participate
• Civility of the Parties
• Results of a violence risk assessment/ongoing risk analysis
• Respondent’s disciplinary history
• Whether an emergency removal or other interim action is needed
• Skill of the Alternative Resolution facilitator with this type of Complaint
• Complaint complexity
• Emotional investment/capability of the Parties
• The Parties’ knowledge and understanding of the Alternative Resolution Process
• Goals of the Parties
• Adequate resources to invest in Alternative Resolution (e.g., time, staff, etc.)
e. The Informal Resolution Facilitator has the authority to determine whether Alternative Resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.
f. Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the Alternative Resolution process. The Informal Resolution Facilitator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the Alternative Resolution.
g. The CCFPO maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Agreement and resumption of the Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.). The results of Complaints resolved by Alternative Resolution are not appealable.
h. When a resolution is reached, the appropriate agreed upon sanction(s) or responsive actions are promptly implemented to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.
i. If an Informal Resolution option is not available, selected or successful, the College will initiate or continue an investigation and subsequent Resolution Process to determine whether the Policy has been violated.
Procedure Title: Informal Resolution of Discrimination and Retaliation Allegations Procedure
Policy Category: General
Policy Owner: President
Policy Administrator: Chief Compliance and Fair Practices Officer
Contact Information: [email protected]
Approval Date: October 21, 2024
Effective Date: November 19, 2024
History: N/A
Applies to: Students
Related Policies: Interim Nondiscrimination Policy
Related Procedures: Interim Resolving Allegations of Discrimination and Retaliation Procedure
Forms/Guidelines: N/A
Relevant Laws: See Interim Nondiscrimination Policy