University Procedure
Title
University of North Carolina at Chapel Hill Procedure for Alternative Resolution of Complaints of Discrimination, Harassment and Related Misconduct
Introduction
A. Purpose
The purpose of this Procedure is to outline a prompt, impartial, and effective process for Alternative Resolution of reports of prohibited conduct under the Policy on Prohibited Discrimination, Harassment and Related Misconduct and the Policy on Prohibited Sexual Harassment Under Title IX (collectively, “the Policies”). Alternative Resolution is one of two formal resolution options provided in the:
B. Scope
This Procedure applies to the resolution of reports of prohibited conduct under the Policies that have been determined appropriate for formal resolution.
This Procedure is intended to comply with current federal and state law. While the University will make good faith efforts to update this Procedure to reflect any legal changes, in the event any provision of this Procedure conflicts with applicable law, the law will supersede such provision.
C. Key Terms
Alternative Resolution Agreement: a set of terms agreed upon by the parties and approved by UCO.
Facilitator: the individual(s) charged with coordination of the Alternative Resolution process.
Formal Determination: one of the formal resolution options provided in the Policies. Formal Determination consists of an investigation and a hearing.
Policies: the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct and Policy on Prohibited Sexual Harassment Under Title IX.
UCO: the University Compliance Office.
D. Resources
Safe at UNC website
Comprehensive Resource Guide
Procedure
At any time following the determination that formal resolution is appropriate and prior to a decision-maker reaching a determination regarding responsibility, either party may request or the University may offer Alternative Resolution. Alternative Resolution does not involve a full investigation, adjudication process, or University-imposed disciplinary action and, when successful, results in a voluntary Alternative Resolution Agreement between the parties. Alternative Resolution will not be used to resolve reports that an employee sexually harassed a student.
Choosing Alternative Resolution
The University has discretion to determine whether Alternative Resolution is appropriate and may decline to offer Alternative Resolution despite one or more of the parties’ wishes. The UCO will consider the following factors in assessing whether Alternative Resolution is appropriate:
- the nature and scope of the alleged conduct, including whether the reported behavior involves allegations of violence and/or the use of a weapon;
- the respective ages and roles of the Reporting and Responding Parties;
- the power dynamics between the involved parties;
- the risk posed to any individual or to the campus community by not pursuing disciplinary action, including the risk of future harm to others;
- the risk of retaliation against the parties, witnesses, or other related individuals;
- the existence of other reports of similar misconduct by the Responding Party;
- the existence of a pattern of similar misconduct at a given location, by a particular group or individual, or through a particular means or method;
- the Reporting Party’s wish to pursue disciplinary action;
- the likelihood that Alternative Resolution would adequately address the Reporting Party’s concerns and the alleged behavior; and
- the University’s obligation to provide a safe, non-discriminatory, and non-retaliatory environment.
The University will not require or pressure parties to participate in Alternative Resolution and must obtain the parties’ voluntarily written consent to Alternative Resolution before it can proceed. Participation in Alternative Resolution will not require the parties to waive the right to an investigation or Formal Determination of the report or exercise of any other right. However, the parties’ agreement to a resolution at the conclusion of the Alternative Resolution process precludes the parties from initiating or resuming a process where a decision-maker reaches a determination regarding responsibility arising from the same allegations.
Time Frame
The time frame for completion of an Alternative Resolution may vary depending on the complexity of the matter, but the UCO will seek to complete the process within 30 business days of the UCO’s written Notice of Alternative Resolution to the parties. The expected time frame for completion and any extension of that time frame will be communicated to the parties in a timely manner.
Facilitator
The Facilitator for the Alternative Resolution:
- will not be the same person as the decision-maker in the investigation or Formal Determination process;
- will not have a conflict of interest or bias for or against Reporting Parties or Responding Parties, individually or generally; and
- will receive training sufficient to serve in the role of facilitator.
Notice of Alternative Resolution
If both parties consent to Alternative Resolution and the University determines it is appropriate, the UCO will provide a Notice of Alternative Resolution. The Notice will contain the allegations of prohibited conduct if those allegations have not yet been provided to the parties in writing. If an investigation or Formal Determination process was already initiated, parties will receive a Notice of Abeyance and Alternative Resolution. These notices are referred to in these Procedures as the “Notice of Alternative Resolution.”
The notice will contain the following:
- the allegations, if not already provided in a Notice of Investigation;
- the requirements of the Alternative Resolution process;
- the statement that any party has the right to withdraw from Alternative Resolution and resume a Formal Determination at any time prior to agreeing to an Alternative Resolution Agreement;
- the parties' agreement that a resolution at the conclusion of Alternative Resolution will preclude the parties from initiating or resuming a Formal Determination arising from the same allegations;
- the potential terms that may be requested or offered in an Alternative Resolution Agreement, including notice that an Alternative Resolution Agreement is binding only on the parties;
- the UCO will maintain records related to Alternative Resolution, which include, but are not limited to, emails with and notes from conversations with the parties and/or other individuals to determine, facilitate, or implement terms; and
- the UCO may use information in a future Formal Determination process involving the same or subsequent allegations, if one is initiated or resumed, in the event the decision-maker determines that the information is relevant, not otherwise impermissible, and material to whether violations of the Policies occurred.
Term Identification Phase
After the UCO provides the Notice of Alternative Resolution, the Facilitator will meet separately with the parties and explain the goals and requirements of Alternative Resolution. The Facilitator will receive proposed terms from each party and relay them to the other party for consideration. This process may take one or more interactions with each party. In most circumstances, the parties will not directly communicate with each other about the Alternative Resolution and may only do so with UCO’s advance approval. The UCO may consult with relevant campus offices as appropriate during Alternative Resolution.
Potential Terms for Alternative Resolution
Potential terms that may comprise an Alternative Resolution Agreement include, but are not limited to:
- UCO facilitation of a private discussion with a party about the allegations and discussion of solutions for eliminating the alleged behavior and remedying its effects;
- a party’s review of another party’s impact statement, reflection paper, or similar written submission;
- restrictions on contact between the parties;
- specific parameters of interaction between the parties, including modified housing, course-related, or athletic assignments and or time/place restrictions to limit interaction;
- completion of an educational requirement;
- restrictions on participation in or access to one or more University programs or activities or attendance at specific events, including restrictions the University could have imposed as remedies or disciplinary sanctions if the conclusion of an investigation or Formal Determination process resulted in a determination that Prohibited Conduct occurred;
- restrictions on receipt of awards, prizes, or other recognitions bestowed by the University, other than financial aid awards;
- agreement not to continue or pursue employment and/or education at the University for a specified period or indefinitely;
- any other appropriate term that can be tailored to the parties to promote a non-discriminatory environment.
All terms may not be appropriate in all circumstances.
Alternative Resolution Agreement
The parties must agree to the same terms in order to enter an Alternative Resolution Agreement, and the UCO must approve the terms agreed on by the parties. After terms are agreed upon and approved, the parties must sign the Alternative Resolution Agreement for the terms to take effect and conclude the matter. The UCO will then send the Notice of Alternative Resolution Agreement.
If it is determined that the Alternative Resolution is unsuccessful in producing an Alternative Resolution Agreement, parties will receive a notice to resume or start the investigation or Formal Determination process and that process will commence. During Alternative Resolution, if either party fails to respond to the UCO regarding the next step in the process within 10 business days, the UCO may conclude Alternative Resolution.
As needed, the UCO will notify appropriate campus offices of the terms of the Alternative Resolution Agreement for the purpose of effectively implementing or upholding the terms. Once signed, the formal resolution will be considered final and not subject to appeal or further consideration through Formal Determination or an employee grievance process. Where applicable, upon receipt of the completion of all terms included in the Alternative Resolution Agreement, the UCO will send parties a Notice of Final Outcome.
Violations of Alternative Resolution Agreement
The Alternative Resolution Agreement will specify the consequences of violating, or failing to comply with, terms in the agreement. Any violations of the Alternative Resolution Agreement or other failure to comply with terms in the Alternative Resolution Agreement should be reported to the UCO or the Associate Vice Chancellor /Title IX Coordinator. Violation of or failure to comply with Alternative Resolution Agreement terms may result in disciplinary action or investigation of the original allegations of prohibited conduct.
Related Requirements
See the Related Requirements in the Policies.
Contact Information
General Inquiries or Concerns
Office: University Compliance Office
Telephone: 919-966-3576
Email: uco@unc.edu
Inquiries or Concerns about Title IX
Name: Elizabeth Hall, Associate Vice Chancellor / Title IX Coordinator
Telephone: 919-445-1297
Email: cehall@email.unc.edu
Concerns about the University's Application of Laws Covered by this Policy
United States Department of Education, Office for Civil Rights (OCR)
United States Equal Employment Opportunity Commission (EEOC)