Consistent with the primary mission of the Code to establish community standards and procedures that promote an environment conducive to learning by upholding academic standards and by respecting community members, alternative dispute resolution provides an opportunity for individuals affected by violations or alleged violations of this Code to resolve disciplinary matters, with or without findings of responsibility.
When Alternative Resolution may be Used: Although there are some restrictions, alternative dispute resolution may be useful for addressing concerns when a Complainant does not want a Formal Process or is not seeking discipline; when a Formal Process would not result in a satisfactory resolution (such as when a report is made anonymously or conditions exist that do not violate the policy but if left unattended may lead to policy violations or conditions exist that do not violate the policy but nonetheless are impacting the Complainant); or when education and training, mediation, or other cooperative processes are appropriate to resolve the matter.
Making a Request for Alternative Resolution: Requests for alternative resolution may be made by submitting a request to the Administrator or directly to the Director of Student Conduct.
Before allowing participant to use alternative resolution, the Director of Student Conduct and the Title IX Coordinator must determine that an alternative approach is consistent with the University’s obligations – under the law, institutional policies, and institutional values – to stop the behavior, prevent the behavior from happening again, and remedy its effects.
- If allowed, alternative resolution may be used at any time during the resolution process, including prior to and during the investigation stage; however, requests for informal resolution must be made within fourteen (14) business days of receipt of the Notice of Allegations.
- Alternative resolution includes but is not limited to facilitated dialogue, mediation, and restorative justice.
- The process of mediation specifically will not be used to resolve allegations of sexual violence (including unwanted penetration, dating or domestic violence as defined by UO policy where the allegations involve any type of physical violence).
- Alternative resolution may be used when both the Complainant and the Respondent (where a Respondent is identified) voluntarily agree to pursue an alternative resolution. Alternative resolution may also be used where the Director, in consultation with the Title IX Coordinator, determines that it is appropriate and otherwise consistent with the University’s legal and policy obligations.
- If both the Complainant and Respondent agree to an alternative resolution process, then the Formal Process will generally be placed on hold for a reasonable period of time to determine whether the alternative resolution process will be successful, consistent with Section 5 of the conduct code.
- At any point, either participant can choose to end the alternative process and restart the formal process.
- Alternative resolutions will be completed within a reasonably prompt manner, depending on the matter and severity and extent of the misconduct.
- The Director, in consultation with the Title IX Coordinator, must approve all informal resolutions. Alternative resolutions must be consistent with the UO’s obligations under federal and state law, the Code and other applicable UO policies.
Outcome of Alternative resolution Process: If alternative resolution is successful, both the Complainant and Respondent will be provided with appropriate notification as to the resolution achieved.
If the participant do not reach an agreement in an alternative process, the students may pursue whatever formal process was initially available to them. In other words, they do not waive their right to pursue formal resolution simply by participating in an alternative process.
Conversations with Director of Student Conduct: Regardless of the above procedures, the Director of Student Conduct or the Title IX Coordinator may at their discretion choose to initiate a conversation with either participant after the conclusion of the Formal Process, or pursuant to an alternative resolution agreement.
If a participant wishes to accept responsibility for the alleged conduct violation(s), as stated in the Notice of Allegations, a participant may choose to waive the administrative process and conference. A participant may communicate at any time that they wish to accept responsibility by submitting a written request to the Administrator.
- If a Respondent chooses to accept responsibility, the Administrator will issue a Notice of Findings within 10 business days from the date of the waiver of Formal Process.
- Sanctions will be determined as set forth in the Student Conduct Code.
- When a Respondent accepts responsibility under this provision both participants will retain the right of appeal as described in the appeals section below.
If after the Complainant has had the opportunity to speak with the Administrator and submit relevant information and witnesses, the Administrator determines that even if the information is viewed in the light most favorable to the Complainant, there is not enough information to prove that it is more likely than not that the Respondent violated the Student Conduct Code, the Administrator may dismiss the case.
The dismissal may be appealed by Complainant as discussed in Section G.