Section XII: Alternative Resolution

1. Eligibility. At any time before the issuance of a responsibility determination, the parties may elect to resolve the formal complaint through a mutually agreed upon alternative resolution process, provided that (1) the parties both voluntarily consent in writing to such resolution; (2) both parties are students or employees of the College; and (3) the Title IX coordinator or Assistant Vice President of Human Resources determine that alternative resolution is an appropriate mechanism for resolving the specific formal complaint. Otherwise, a formal complaint that is not dismissed may otherwise proceed to a final determination in the formal resolution process. In matters with Title IX coverage, alternative resolution is not available unless a formal complaint has been filed. Alternative resolution may not be an appropriate mechanism for resolving a formal complaint by a student against an employee.

2. Not Mandatory. The College may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to a formal resolution process. Similarly, the College may not require the parties to participate in an alternative resolution process. 

3. Resolution of All Allegations. Alternative resolution may not be selected for less than all of the misconduct alleged in the formal complaint. If the parties agree to alternative resolution (and alternative resolution is appropriate for all of the allegations at issue), then all of the allegations must be resolved.

4. Termination. Either party has the right to terminate the alternative resolution process at any time and proceed with formal resolution (i.e., a full investigation and hearing). Furthermore, the Title IX ocordinator may, where appropriate, terminate alternative resolution and proceed with the formal resolution process instead.