Alternative Resolution
What is an Alternative Resolution in the Title IX Office?
Alternative Resolution is a flexibly structured, voluntary, binding, and remedies-focused process for resolving complaints of prohibited conduct. Alternative Resolution is generally designed as an alternative to a formal Title IX investigation. Alternative resolutions are formalized agreements between the Complainant and Respondent that are designed to identify the harm, prevent future harm, and explore ways to remedy that harm.
Both the Complainant and Respondent must agree on the terms of the resolution. The terms of an Alternative Resolution are unique to each case and depend on several considerations, including:
- the wishes of the parties;
- the nature of the conduct; and
- the safety concerns of the campus community.
Though individual cases may vary, the aim of all Alternative Resolutions is to stop, remedy, and prevent any occurence of sexual violence and sexual harassment.
Alternative Resolution:
- Gives the Complainant the opportunity to articulate their needs and develop terms designed to address those needs in a tailored, fact-specific manner..
- Allows the Respondent to acknowledge harm and address that harm without a determination of policy violation/s or formal disciplinary action.
More Alternative Resolution Information
- When can someone choose an Alternative Resolution with the Title IX Office?
- How are the terms developed?
- Are the terms of an Alternative Resolution binding?
- What are some examples of terms for an Alternative Resolution?
- Must the respondent be notified for an Alternative Resolution?
- What if the respondent chooses to not participate in the Alternative Resolution?
- Can a complainant or respondent be forced to participate in an Alternative Resolution?
- Does the complainant have to communicate directly with the respondent in order to develop terms of the Alternative Resolution?
- Will the Title IX Office monitor the terms after an agreement has been made?
- What if the respondent does not fulfill the terms of the Alternative Resolution after it is agreed upon?
- What if the complainant wants the other party to be disciplined for their behavior?
- What about Support People and Advisors?
- What is the difference between an alternative resolution and a prevention/education response?
- See an Alternative Resolution Flowchart
When can someone choose an Alternative Resolution with the Title IX Office?
After an initial assessment in which a Complainant shares sufficient information for the Title IX office to conclude that the conduct being alleged, if substantiated, would violate the SVSH Policy
- When there is no significant power dynamic between the Complainant and Respondent or other relationship between the parties that would make alternative resolution ineffective or inappropriate.
- When the Title IX Office believes that an alternative resolution process will not place the complainant or others at risk for future harm and will serve to prevent future harm.
- All of the above must apply
How are the terms developed?
For Alternative Resolutions, in order to reach an agreement, the complainant and respondent voluntarily work with a Title IX Complaint Resolution Officer (CRO).
- The CRO works first with the Complainant to draft terms.
- The CRO will consider whether the terms will stop, remedy, and prevent future harm and may suggest alternative or additional terms.
- The CRO will confirm in writing with the complainant before contacting the respondent.
- The CRO will contact the respondent to let them know that the complainant has made allegations and would like to engage in an alternative resolution. If the respondent chooses to engage in the alternative resolution process, they will receive the suggested terms and have the opportunity to make counter-suggestions.
- Generally, the parties will not meet together but will meet with the CRO separately to develop the terms.
Are the terms of an Alternative Resolution binding?
An alternative resolution process is administered by the Title IX Office and is in compliance with the SVSH Policy.
Working with the Title IX Office in any fashion, may not prevent a criminal or civil action.
If the final mutually agreed upon terms have been fulfilled, the Title IX Office will NOT investigate the same allegation unless there are new allegations and/or the parties fail to complete the terms, and the complainant requests an investigation.
What are some examples of terms for an Alternative Resolution?
- Remedy
- Additional supportive measures
- Education, research, and reflection that engages the Respondent in developing specific skills and understanding around policy, concent, rape culture, healthy sexuality, boundaries, and other topics directly related to the incident(s)
- Individual work and workshops (Consent Primer Workbook, Communication workshop, anger management, couples work and/or communication) designed to specifically address the Respondent’s behavior and impact on the Complainant(s)
- Prevent
- Connection with campus and/or community resources
- Educational films, readings, or workshops about consent, rape culture, or other topics related to the harmful behavior
- Consent primer workbook activities
- Educational conversations with campus administrators
- Individual counseling
- Anger management workshops
- Community workshops or trainings
- Educational terms
- Examples: completing training, writing papers, viewing videos, hosting training, meeting with a representative from the Title IX Office, etc.
- Separation of Parties
- Examples: Change in office, housing, work hours, dining hall, housing
- Counseling, Group therapy
- Restorative Justice
- Agreement to work with UCSC Restorative Justice Program
- No Contact Directives (add link for information about NCD)
- Changes in housing
- Change in apartment, dorm, hall, or college
- Other agreements**
**This list of terms is not exhaustive. The Title IX Office will consider all reasonable terms which may stop, remedy, and prevent future sexual violence and sexual harassment and support and create safety for the parties involved in a Title IX process
Must the respondent be notified for an Alternative Resolution?
Yes, a respondent must be notified of the complainant’s request to engage in an alternative resolution and include a Summary of Allegations.
The respondent can ask questions about the process and decide whether or not they would like to engage in an alternative resolution process.
What if the respondent chooses to not participate in the Alternative Resolution?
If the respondent is notified of the Alternative Resolution and chooses to not participate in the process, the complainant has the option to move forward with an investigation.
Can a complainant or respondent be forced to participate in an Alternative Resolution?
No. In order for an alternative resolution to be initiated and supported by the Title IX Office, both parties must willingly choose to engage in the alternative resolution process.
A complaint resolution officer works with both/all of the parties (complainant/s and respondent/s) to create terms which they mutually agree upon.
Does the complainant have to communicate directly with the respondent in order to develop terms of the Alternative Resolution?
No, the complainant and respondent generally do not directly interact with one another during the process of an Alternative Resolution.
The Title IX Complaint Resolution Officer will act as a mediator between the complainant and respondent at all times during the creation of the terms.
Will the Title IX Office monitor the terms after an agreement has been made?
Yes. The Complaint Resolution Officer will continue to communicate timelines and monitor completion of terms until all terms have been fulfilled.
What if the respondent does not fulfill the terms of the Alternative Resolution after it is agreed upon?
The Complaint Resolution Officer will work to support the respondent to fulfill the terms successfully through clear communication and timelines.
If the respondent does not fulfill/complete the agreed upon terms of the alternative resolution, the complainant may choose to request an investigation into the allegations.
What if the complainant wants the other party to be disciplined for their behavior?
An alternative resolution will not lead to discipline.
Only after a Title IX investigation and a determination that policy has been violated, can an employee, faculty, or student be disciplined or sanctioned for violations of the Sexual Violence Sexual Harassment Policy.
Learn more about investigations here.
What about Support People and Advisors?
Support people and advisors are always permitted for parties meeting with the Title IX-EEP Office. Complainants and respondents can choose their own support people and advisors.
Both CARE and Respondent Support Services are experienced in providing support to complainants and respondents on our campus and can answer questions about processes and procedures.
What is the difference between an alternative resolution and a prevention/education response?
Each report the Title IX Office receives is an opportunity to learn about situations happening on campus and can help guide our education and prevention efforts. A prevention/education response is an effort by the Title IX Office to educate, take preventative action, and share resources and information in response to reported incidents.
A prevention education response differs from an alternative resolution because an alternative resolution is an alternative to an investigation, whereas prevention options are considered in response to all reports. Prevention responses do not preclude an investigation should the problem escalate, persist, or more information become available.
Below is a flowchart of the process of an alternative resolution.
