VI. Alternative Resolution

A. Purpose of Alternative Resolution

An Alternative Resolution is a voluntary, remedies-based process that allows the parties to attempt to reach a facilitated resolution of the matter through an intermediary, such as a party’s advisor or the Title IX Coordinator. This informal resolution process provides an opportunity for the parties to resolve a Formal Complaint without going through a formal investigation and hearing.

Alternative Resolutions are not available in matters involving a student complainant and an employee respondent.

B. Process of the Alternative Resolution

At any time prior to the beginning of the Hearing, if agreed to in writing by both parties, the parties may transition the matter to an Alternative Resolution. The parties must separately notify the Title IX Coordinator in writing of their intent to pursue an Alternative Resolution.

Upon receipt of the parties’ written notices, the Title IX Coordinator will simultaneously send both parties a Notice of Alternative Resolution that includes the following information:

• The allegations of the Formal Complaint.
• The requirements and potential outcomes of an Alternative Resolution.
• The circumstances under which the parties are precluded from resuming a Formal Complaint arising out of the same allegations.
• The rights of each party to withdraw from the Alternative Resolution prior to its conclusion and resume a Formal Resolution.
• The rules of confidentiality governing an Alternative Resolution.
• A description of the records that will be maintained related to the Alternative Resolution.
• If relevant, the name of the Decision Maker(s). See Section VI(D) below.

During the Alternative Resolution process, the parties will never appear simultaneously or in person together.

Measures must relate to Bowdoin College’s Education Program or Activity, including but not limited to: accommodations to living, academic, or employment situation; voluntary absence from the College for a specified amount of time; counseling; and limitations of contact between the parties. The Title IX Coordinator will review proposed measures for suitability.

C. Conclusion of Alternative Resolution

At the conclusion of the Alternative Resolution, the Title IX Coordinator will share a list of measures agreed to by both parties to resolve the matter. If the parties agree on an outcome, it must be signed in writing by both parties and a representative of the College, usually the Title IX Coordinator.

Once the parties have signed the Alternative Resolution Agreement, it is final and the parties are bound by its terms and cannot return to the formal process based on the same conduct alleged in the Formal Complaint.

The Alternative Resolution will typically be completed within thirty (30) days from the date of the Alternative Resolution notice provided to the parties by the Title IX Coordinator.

D. Respondent Accepts Responsibility

Alternative Resolution may also be appropriate in cases where a Respondent is prepared to accept responsibility for all the allegations of the Formal Complaint and the parties agree in writing to pursue an Alternative Resolution. A Respondent is not required to accept responsibility in order to pursue an Alternative Resolution.

Where a Respondent is prepared to accept responsibility for the allegations of the Formal Complaint, the sanctioning Decision Maker(s), who will be disclosed to the parties as part of the Notice of Alternative Resolution, will determine the appropriate sanction and/or remedies (examples of which are set forth in Section IV(E) of this Policy,) and communicate that to the parties.

If the Alternative Resolution does not resolve the Formal Complaint, nothing from the Alternative Resolution process, including the Respondent’ acceptance of responsibility, may be used as evidence in a Formal Resolution.

E. Confidentiality of Alternative Resolution

In order to promote honest and direct communication, information disclosed during the Alternative Resolution must remain confidential while the Alternative Resolution is pending, except where disclosure may be required by law or authorized in connection with duties on behalf of the College.

At the conclusion of Alternative Resolution, any documents prepared in anticipation of or disclosed during the Alternative Resolution may not be disclosed outside the proceeding, except as may be required or authorized by law.

F. Election to End Alternative Resolution

At any time prior to the conclusion of the Alternative Resolution, either party may elect to end such proceedings and initiate Formal Resolution instead. Formal Resolution may not be initiated, however, after the conclusion of an Alternative Resolution.