TAP 61 Informal Resolution
After a Formal Complaint of Title IX Sexual Harassment is filed, and at any time prior
to reaching a determination regarding Respondent's responsibility, the University
offers mediation as an alternative to a full investigation and adjudication of the
Formal Complaint. Mediation is facilitated by a Deputy Title IX Coordinator who is
not involved in the Formal Grievance Process (the "Mediator.")
Mediation is a process by which a Mediator helps the parties discuss and try to resolve
the Formal Complaint. Each party will separately meet with the Mediator to share information
and feelings; discuss his/her understanding of the facts in dispute; describe his/her
desired outcome; and explore mutually acceptable ideas for the resolution of the Formal
Parties are not required to participate in mediation.
Mediation is not permissible in matters involving allegations that an employee engaged
in Title IX Sexual Harassment against a student.
Parties may be accompanied by Advisors during all meetings with the Mediator. Advisors
are expected to comply with the rules for Advisors developed by the University.
Requirements of Participating in Informal Resolution
Mediation will proceed only upon the voluntary, informed, and written consent of both
the Complainant and the Respondent.
Notice and Consent to Proceed
If one or both parties indicates to the Title IX Coordinator a desire to resolve the
Formal Complaint through mediation, the Title IX Coordinator will provide both parties
with a written notice disclosing: the allegations; the requirements and consequences
of participating in mediation (by providing the information contained on this page);
a reminder that both parties have the right to withdraw from mediation at any time
prior to agreeing to a resolution and resume the Formal Grievance Process; and information
regarding confidentiality and records retention.
After receipt of this notice, the parties will be given 5 business days to review
the information, after which a signed Consent to Proceed with Mediation form is required
to be returned to the Title IX Coordinator.
If the Title IX Coordinator receives a signed Consent to Proceed with Mediation form
from both parties by the date that it's due to be returned, the Title IX Coordinator
will refer the matter to a Mediator.
If one or both parties doesn't sign the Consent to Proceed with Mediation form, mediation
will not proceed and the matter will be returned to the Formal Grievance Process.
Both parties will be notified in writing.
The Mediator may request to meet with each party more than once. Mediation does not
involve meeting with any witnesses, although a Mediator may find it necessary to consult
with one or more University officials during the course of mediation to ensure possible
resolutions are feasible.
The timeframe for mediation is approximately 30 business days. This timeframe may
be extended by the Mediator with notice to the Title IX Coordinator and both parties.
Mediation will resolve as follows: after a sufficient number of meetings with the
parties, as determined by the Mediator, the Mediator will develop a draft Mediation
Agreement. The draft will be shared with both parties. If the terms are agreeable,
both parties will sign the agreement. Once signed, the Mediation Agreement becomes
binding on its terms and both parties are obligated to comply with the terms of the
Right to Withdraw/Failure of Mediation
Either party can withdraw from mediation at any time prior to signing the Mediation
Agreement by notifying the Title IX Coordinator.
Neither party is obligated to sign the Mediation Agreement.
At any point during mediation, the Mediator may determine that the Formal Complaint
is unlikely to be resolved through mediation.
If one or both parties withdraw from mediation; if the Mediation Agreement is not
signed by one or both parties; or if the Mediator refers the matter back to the Formal
Grievance Process because it is unlikely to resolve through mediation, mediation will
The Mediator will notify both parties and the Title IX Coordinator of the failure
of mediation, which will refer the matter back to the Formal Grievance Process. Notice
of a failure of mediation will simply note that mediation failed.
Records Retention & Confidentiality
Mediation is confidential, and the Mediator will not disclose what the parties say
during mediation. There are a few exceptions that include: 1) when disclosure is required
by law, 2) when a party share threats or thoughts of self-harm or harm to others,
and/or 3) when a party discloses serious criminal conduct.
The Mediator may take notes or make draft Mediation Agreements throughout the mediation.
Such notes and drafts are not retained after the parties sign the Mediation Agreement
or mediation fails.
The only records maintained related to mediation are 1) the Consent to Proceed with
Mediation form and 2) the Mediation Agreement or the written notice that mediation
has failed. Such records are maintained by the Title IX Coordinator. To the extent
one is created, the Mediation Agreement will be maintained for the purposes of ensuring
compliance with its terms, and may be shared with University officials who have a
need to know.
If mediation fails, the Mediator cannot be called as a witness during the Formal Grievance
Process. Because Mediator notes and draft Mediation Agreements, as applicable, are
not maintained, such items cannot be used as evidence during the Formal Grievance
If mediation is successful and a Mediation Agreement is created, such Mediation Agreement
cannot be used as evidence in any future Title IX matters or matters reported under
TAP 31. However, the Title IX Coordinator may consider the fact that a Formal Complaint
was filed, even if it resolves through mediation, as evidence of a Respondent's pattern
of behavior in the event there are future reports or complaints about the Respondent.
Consequences and Possible Outcomes
Mediation may result in many possible outcomes, as long as such outcomes are mutually
agreeable to both parties. In some cases, mutual no contact orders and/or mutual confidentiality
agreements may be a piece of the Mediation Agreement. Additionally, although a Mediation
Agreement may be reached without a Respondent admitting responsibility, sanctions
or other adverse consequences may still be assigned as part of the resolution.
Parties are obligated to comply with the terms of the Mediation Agreement. Failure
to comply will subject a party to sanctions up to an including expulsion or termination
of employment without the right to a Formal Grievance Process.