OSA Code Procedures Section 15: Alternate Resolution of a Formal Complaint
The parties or the Director may seek to resolve a Formal Complaint of prohibited conduct through Alternate Resolution at any time. Participation in Alternate Resolution is entirely voluntary; the Director will neither pressure nor compel either party to participate in the process or to agree to any specific terms. 576 Both the Complainant and the Respondent must agree to explore Alternate Resolution as a potential means of resolution. The parties are strongly encouraged to consult with their Counselor/advisor and any support persons during the Alternate Resolution process. Even if both parties request Alternate Resolution, the Director has discretion to determine whether the matter is appropriate for that process.
The Director will manage the Alternate Resolution process and have access to all University records in the matter, including any records or reports prepared during an investigation. The Director may personally conduct Alternative Resolution or utilize mediators or others with appropriate expertise to support the process through consultations with both parties. The Director ultimately documents the proposed terms of a potential Alternate Resolution agreement. Such terms may include, but are not limited to, any sanctions or remedies that could be imposed by a Hearing Panel after a hearing under these proceedings.
The investigation will be paused during the Alternate Resolution process. At any time before a written agreement is effective (see below), the Complainant or the Respondent may withdraw from the Alternate Resolution process, and the Director may also, at their discretion, terminate the process. If the Alternate Resolution process is terminated for any reason, the matter continues under these procedures. For this reason, the investigator will not participate in an Alternate Resolution process.
If both parties are satisfied with the Director’s recommendation, the matter will be resolved with a written agreement to be executed by both parties. The Director will provide each party, separately, with a copy of the proposed agreement for the party to review, sign, and return. Once a party has returned the signed agreement to the Director, the party has two (2) business days to reconsider and withdraw from the agreement by notifying the Director in person or in writing. If either party withdraws from the agreement, the Formal Complaint will be resolved according to these procedures. Once an agreement is effective, the parties may not appeal the agreement.
If the Respondent agrees to an Alternate Resolution that provides for a suspension, withdrawal, or dismissal (i.e. expulsion) from the University, there will be a transcript notation consistent with University policy. The parties are expected to honor and comply with the terms of the Alternate Resolution. Later noncompliance may be subject to proceedings under the Code.
To protect both parties’ confidential disclosures within the Alternate Resolution process, if the matter moves back to the Formal Complaint resolution process, neither the Director nor the parties will disclose to the investigator, Panel Chair, University Hearing Panel, or University Review Panel either the fact that the parties had participated in Alternate Resolution or any information learned during the process.