Informal Resolution Process

Part 8.

NOTE: FOR CASES INVOLVING SEXUAL ASSAULT, STALKING, GENDER-RELATED HARASSMENT, DATING OR DOMESTIC VIOLENCE, OR OTHER PROHIBITED CONDUCT AS DEFINED IN THE SEXUAL HARASSMENT, ABUSE, AND ASSAULT PREVENTION POLICY, SEE PART 10 FOR OVERVIEW OF PROCESS

8.1 Upon determining that a complaint is appropriate for further processing, Community Standards will notify the respondent of the complaint in writing. The respondent will be offered an opportunity to participate in an informal resolution meeting with a conduct officer to discuss the allegations, or offered an informal resolution in writing. If a student or student organization does not attend the meeting without prior notice to Community Standards, or does not respond to the written resolution offer, a decision may be rendered in the student’s or organization’s absence.

There are three possible results at this stage:

  1. The respondent is found to have no responsibility and/or that there is insufficient basis to proceed against the respondent. If that occurs, the case does not proceed to a hearing; or
  2. The respondent accepts responsibility and appropriate sanction(s) is/are agreed upon. If that occurs, the case is considered informally resolved; or
  3. The respondent does not accept responsibility and the conduct officer determines that the complaint warrants a hearing. If that occurs, the case proceeds to a formal hearing either before the University Conduct Board or an administrative hearing officer.

Once an informal resolution is reached, the decision is final and will only be revisited based on one or more of the following:

a. new information not reasonably available at the time of the informal resolution, the absence of which can be shown to have had a detrimental impact on the outcome of the informal resolution;

b. procedural error that can be shown to have had a detrimental impact on the outcome of the informal resolution;

c. errors in the interpretation of University policy so substantial as to deny fair informal resolution;

d. grossly inappropriate sanction having no reasonable relationship to the charges.

In such a case, the student or student organization may submit a written petition for reconsideration of the case to the Director of Community Standards, or designee, within three (3) business days of the informal resolution meeting. Requests for review must be written and signed by the student. The decision of the Director of Community Standards, or designee, upon reconsideration is final.

8.2 If an informal resolution cannot be reached, and assuming the conduct officer finds that the complaint warrants a hearing, the case will be assigned to an appropriate hearing officer or hearing Board for formal resolution. The hearing process is described in Part 9.

8.3 Recording devices (audio and/or video) of any kind are not permitted for use during informal resolution meetings.