Discrimination/Harassment Informal Resolution Process
Informal resolution may be the most efficient option for addressing allegations in a report of alleged discrimination and harassment on the basis of protected characteristics or status and reaching an outcome. Informal resolution is an alternative to the formal resolution process. Pursuing informal resolution does not preclude initiation of the formal resolution process (hyperlink to discrimination/Harassment formal resolution process page) if attempts to resolve the matter through informal resolution fail. Complainants are not required to participate in informal resolution before requesting formal resolution. Informal resolution involves addressing a report through the implementation of individual or and/or community remedies designed to address the allegation(s) contained in a report and prevent future occurrences of harassment and/or discrimination. Remedies that are agreed to and/or imposed as a result of informal resolution are generally considered non-disciplinary in nature though the interventions may involve the respondent taking certain actions to repair harm. Informal resolution is considered a voluntary process and the university has no mechanism to compel individuals to participate in the informal resolution process.
Individuals who need reasonable accommodations to access and participate in the programs and services of the Office of Institutional Compliance/Title IX are encouraged to contact the office directly as soon as practicable. CNU students may instead contact the Accessibility and Care Team Support (hyperlink to ACTS page) for assistance with communicating the need for reasonable accommodations to the Office of Institutional Compliance/Title IX. CNU employees may instead contact their Benefits Specialist in the Office of Human Resources (hyperlink to Office of Human Resources page) for assistance.
Reports of Discrimination and/or harassment on the basis of protected characteristics or status involving employee respondents and employee complainants may be addressed using these informal resolution procedures or addressed by the Office of Human Resources (hyperlink to their page) using other informal resolution procedures available for resolving disputes between employees.
Upon receipt of a report of alleged discrimination and/or harassment and as part of the initial review of the report, the Office of Institutional Compliance/Title IX will also consider whether informal resolution may be the most suitable and efficient means for addressing the concerns raised in the report. The evaluation will consist of reaching out to the named complainant to gauge the complainant’s interest in pursuing informal resolution, collecting relevant information regarding the incident described and consulting with applicable partners such as those in Human Resources, Academic Affairs, and Student Affairs.
Reasons the report may not be suitable for informal resolution include:
- Existence of previous reports involving the same respondent that were previously resolved using informal or formal resolution
- Information in the report that suggests there may be an immediate risk to the physical health and safety of the complainant or others
- Refusal by the complainant and respondent to participate in the informal resolution process
Informal Resolution Time Frame
The amount of time to reach a resolution through informal resolution varies depending on the circumstances of the report and the method of informal resolution selected. Every effort will be made to conclude informal resolution processes in 30 business days. However, extensions may be granted and if such extensions are granted, the parties involved will receive an explanation in writing.
Interim Measures and Resources
CNU will offer appropriate, reasonably available, temporary interim measures for complainants, respondents, and other individuals involved in reports after receipt of a report and/or during an informal or formal resolution process. Interim measures may include but are not limited to one-way or mutual restrictions on contact between parties or temporary changes to work schedule, location, or duties. Interim measures may also include temporary restrictions for students to programs and activities or administrative leave with or without pay for employees. Interim measures will be reassessed on an ongoing basis. The Office of Institutional Compliance/Title IX will collaborate with appropriate university officials on the coordination and implementation of interim measures. Some interim measures may be implemented as remedies.
Role of the Office of Institutional Compliance/Title IX and the Office of Human Resources
The Office of Institutional Compliance/Title IX is responsible for overseeing and coordinating the Policy 1005 informal resolution process for reports in a fair and impartial manner The office oversees the process for reports involving student respondents and may also oversee the process for reports involving employee respondents. The Office of Human Resources may oversee the informal resolution process for reports involving employee respondents.
Use of External Personnel in the Informal Resolution Process
External facilitators are generally used as third-party mediated conference facilitators and as facilitators for shuttle mediation. Internal CNU personnel are generally utilized to determine and implement interventions and remedies.
Use of Technology in Informal Resolution Process
To provide access to the complainant and respondent and their advisors of choice to all materials for the informal resolution process in a secure manner that protects the privacy of individuals, the university uses a secure file sharing application. Additionally, a video conferencing app may be used by the assigned facilitator to meet with parties individually and to conduct the third party mediated conference. This means that the complainant, respondent, and their advisors of choice should have access to the technology necessary to be able to access the files created during the process and to participate in meetings. If a party does not have access to the appropriate technology, parties should contact the Office of Institutional Compliance as soon as possible so the office may explore options for making the necessary technology available to the party and/or to explore alternative options.
Complainants and respondents who are participating in the informal resolution process may have an advisor of choice present with them for any meetings and proceedings. The advisor of choice provides a supportive presence for the person they are serving as advisor for. They may ask questions about the process and, with written permission from the party they are supporting, be included in correspondence between the Office of Institutional Compliance/Title IX and the party. However, an advisor of choice may not speak for the party they are supporting.
The options for informal resolution are determined by the specific facts of the report as some reports may be more suitable for certain methods than others. Informal resolution remedies are meant to be adaptable to the needs of the parties involved as well as the circumstances of the report. Though informal resolution does not preclude individuals from pursuing formal resolution, if an outcome is reached through informal resolution the report may be considered resolved and closed. The most common forms of informal resolution that are offered and utilized include:
Third-Party Facilitated Conference
For this option, the Office of Institutional Compliance identifies either a qualified internal or external professional who is tasked with facilitating a conference between the parties for the purpose of reaching a mutually agreeable outcome. The facilitator will begin the process by contacting each party and meeting with each separately to gauge their interest in participating in the process and to learn to what goals each party may have for the conference as well as what outcomes may be agreeable to each party. The third-Party facilitated conference provides an intentional and structured opportunity for the parties involved to acknowledge the harm that was created, recognize needs that may be associated with the harm, and fulfill outcomes to address those needs. To participate in this option each party must provide their voluntary, written consent. Additionally, the parties must agree in advance to abide by any ground rules established for the process. Each party may have an advisor of choice present at any meetings but the advisor may not speak for the party they are supporting. If, through facilitation, the parties reach a formal written agreement and sign off on a final agreement, the matter will be considered resolved and it will not be eligible for the formal resolution process. If either party does not agree to participate, or either party voluntarily elects to exit the process prior to reaching and signing a formal written agreement, or the facilitator deems that the matter is not suitable for this type of informal resolution, this process will be discontinued and the matter returned to the Office of Institutional Compliance/Title IX for consideration of use of another informal resolution option or initiation of formal resolution.
Shuttle Mediation
This option is the same as the Third-Party Facilitated Conference but the only difference is that the complainant and respondent never directly engage with one another. Instead, the assigned facilitator is responsible for relaying information between parties in order to reach a mutual agreement regarding an outcome. If the parties reach and sign a formal written agreement and sign off on it, the matter will be considered resolved and it will not be eligible for the formal resolution process. If either party does not agree to participate, or either party voluntarily elects to exit the process prior to reaching and signing a formal written agreement, or the facilitator deems that the matter is not suitable for this type of informal resolution, this process will be discontinued and the matter returned to the Office of Institutional Compliance/Title IX for consideration of use of another informal resolution option or initiation of formal resolution.
Interventions and Remedies
Informal resolution may involve the implementation of interventions and/or remedies including but not limited to the following: educational coaching conversations with the respondent, broad based education programming or training for relevant individuals to prevent future occurrences of harassment and/or discrimination; the provision of a specific remedy to restore the complainant’s equal access to the educational programs or activity or employment. Typically, the complainant will not be involved in the educational coaching session for the respondent and would not be expected to participate in the broad-based educational training or programming.