An informal Title IX resolution is an alternative to a formal Title IX resolution, which entails an investigation and adjudication. The informal resolution process is intended to create a facilitated resolution that is acceptable to both the Complainant and Respondent. An informal resolution can be the full and final resolution to a Formal Complaint.

Steps in the Informal Resolution Process

1. A Complainant submits a Complaint to the Title IX Coordinator;
2. Both the Complainant and Respondent voluntarily agree in writing to participate in an informal resolution process after being provided notice of the investigation and allegation; and
3. The Title IX Coordinator determines an informal resolution process is appropriate based on the nature of the allegations in the Formal Complaint.

An informal resolution can be requested by a Complainant or Respondent at any time after a complaint has been submitted up to the adjudication of a Title IX Case. 

Engaging in the informal resolution process is not an admission of responsibility for the allegation or an admission of the falsehood of the allegations. The existence of an informal resolution is not viewed as a finding of responsibility against the Respondent.

Once a Formal Complaint has been resolved through an informal resolution process, the matter will be closed. This means allegations resolved through an informal resolution will not move any further through the formal resolution process unless the terms of the informal resolution are broken or incomplete. If a term of the informal resolution is broken or incomplete, the information obtained may be submitted as evidence in a subsequent investigation involving the Complainant and/or Respondent.

Notice of Request for an Informal Resolution

The Title IX Coordinator will provide the Complainant or Respondent written notice of the other party’s interest in resolving a Formal Complaint through the informal resolution process. The written notice will include: 

1. a copy of the original complaint, 
2. a summary of the guidelines for an informal resolution and the participant’s rights in the process, 
3. the requirements under which the procedure precludes the parties from resuming a formal resolution process arising from the same allegations, and 
4. any consequences resulting from participating in the informal resolution process, including records that will be maintained or could be shared.

The Complainant or Respondent should respond to the informal resolution request by a reasonable time indicating whether they have an interest in participating in the informal resolution process. In the instance when a party does not reply to the notice or a party does not voluntarily agree to participate in the informal resolution process, the District will continue to address the complaint by proceeding with the formal resolution process. 

An informal resolution can be requested by a Complainant or Respondent at any time after a Formal Complaint has been submitted up until the adjudication of a Title IX case.

Acceptance of Responsibility for Impact

As a component of the informal resolution process, a Respondent must accept responsibility for the harm or impact caused by the prohibited conduct alleged in the formal complaint. Accepting responsibility for harm or impact does not mean the Respondent accepts responsibility for engaging in prohibited conduct as set out in District policy.

A Respondent who is interested in accepting responsibility for a policy violation is welcome to do so but should note that accepting responsibility for prohibited conduct may be considered factual evidence in a formal complaint investigation if an informal resolution is not reached or the terms are broken or incomplete.

Developing Terms of the Informal Resolution

The Complainant and Respondent may propose terms for the informal resolution agreement. The terms should be designed to remedy the adverse effects the alleged prohibited conduct has on the Complainant and/or to restore the Complainant’s equal access to the programs and activities of the school. Informal resolutions between faculty and/or staff will include the CSD Human Resources Department, which may also suggest proposed terms.

The Title IX Coordinator will review the proposed and final terms and will remove those terms that are not permissible under District policy or practice and/or federal or state law. The Title IX Coordinator may consult relevant District administrators (such as a school’s principal) when determining the permissibility of a proposed term(s).

Reviewing, Agreeing to Terms, and Closing the Case

After the Title IX Coordinator’s review, all parties will have a reasonable time from the date of delivery of the informal agreement to review the terms. 

Parties should indicate their willingness to accept all, some, or none of the proposed terms. They may also propose alternative strategies to meet a specific term they reject.

The Title IX Coordinator will send the Complainant and/or Respondent a copy of the other party’s response to the proposed terms. The Complainant or Respondent has a reasonable time from the date of delivery to consider and respond to the revised terms.

The above process may be repeated as reasonably necessary to come to a final agreement. An informal agreement is reached when both parties independently and voluntarily agree on terms. Upon agreement and signature (in hard copy or electronically) by both the Complainant and Respondent, the Formal Complaint is considered resolved and closed.

Violating the Informal Resolution

The Complainant and Respondent must identify and agree upon consequences for violating the terms of an informal resolution. The Title IX Coordinator will consult with the relevant District administrators (such as a principal) when determining the permissibility or appropriateness of the proposed consequences. If consequences for violating an informal resolution are not determined, the Coordinator will resume the formal resolution process. 

(The Complainant and Respondent do not have the option to propose Suspension, Expulsion, or Termination as consequences for violating the terms of an informal resolution.)

Withdrawing from the Informal Resolution Process

The Complainant and/or Respondent may withdraw from an informal resolution process before agreeing to a resolution. If a Complainant or Respondent chooses to end an informal resolution process prior to agreeing to a resolution, the formal resolution process will resume. 

Informal Resolution Is at the Title IX Coordinator’s Discretion 

In all cases, the Title IX Coordinator has the discretion to determine whether an informal resolution or mediation is appropriate to the circumstances. An informal resolution may include mediation for some limited types of prohibited conduct. Mediation may not be an appropriate option for cases involving a report of sexual assault and/or interpersonal violence, nor for circumstances involving severe misconduct. Informal resolution is not an option for conduct involving a minor and an adult.

No Right of Appeal

The informal resolution process is grounded in the voluntary participation of the Complainant and Respondent. For this reason, there is no right of appeal associated with the process.

Informal Resolution Time Frame

The District cannot promise a definitive time frame for an informal resolution process as the time to complete the agreement is unique to each set of Complainants and Respondents. Below is an estimated overview of the approximate time associated with the major stages of the informal resolution process after the Title IX Coordinator receives a Formal Complaint. All timeframes outlined in this process may be adjusted at the discretion of the Title IX Coordinator. The Complainant and Respondent will be notified of any delays or extensions of these time frames and will be provided with a revised timeline to resolve the complaint. The best-case example of a timeline is provided below.

1. Written notice of complaint.
2. Notice of a request for informal resolution process – Three (3) business days from receipt of the request from either the Complainant or Respondent
3. Drafting of informal resolution terms - Three (3) business days (this step may be repeated as necessary)
4. Review of proposed terms – Three (3) business days (this step may be repeated as necessary)
5. Review and sign off on the final terms – Three (3) business days.