Informal Resolution Facilitators Training Recap & Panel Discussion
Discussion on the revised policy following new Title IX regulations, featuring a review of informal resolution procedures, panelists' insights, and a recap of the general session training, emphasizing the multiple sets of procedures for different types of sexual misconduct matters.
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INFORMAL RESOLUTION FACILITATORS TRAINING R O D N E Y P E P E - S O U V E N I R , U N I V E R S I T Y T I T L E I X D I R E C T O R N I C O L E D O N A T I C H , A S S O C I A T E G E N E R A L C O U N S E L
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WELCOME! Informal Resolution Facilitators Training November 10th , 2020 10:00 a.m. to 1:00 p.m. Rodney L. Pepe-Souvenir, University Title IX Director Nicole Donatich, Associate General Counsel
REVIEW INFORMAL RESOLUTION PROCEDURES IN THE POLICY; DISCUSS THE ROLES OF THE TITLE IX COORDINATOR AND INFORMAL RESOLUTION FACILITATOR G OA L S O F T H I S T R A I N I N G PANEL DISCUSSION - EFFECTIVE INFORMAL RESOLUTION
PANELISTS M I C H E L L E J . A N D E R S O N , P R E S I D E N T O F B R O O K L Y N C O L L E G E G A R Y G R E A V E S , L E C T U R E R & T R A I N E D M E D I A T O R Y V E T T E S A N T A N A - P R A D O , U N I V E R S I T Y D I R E C T O R O F S T U D E N T C O N D U C T S A M A N T H A S K A L L E R , C A M P U S S E X U A L A S S A U L T C O O R D I N A T O R
MICHELLE J. ANDERSON
GARY GREAVES
Y V E T T E S A N TA N A - P R A D O
SAMANTHA SKALLER
RECAP FROM GENERAL SESSION TRAINING o Revised Policy took effect August 14, 2020 o Necessitated by new Title IX Regulations issued by the USDOE o The Policy now has two sets of procedures Title IX Sexual Harassment matters - must follow Title IX Grievance Procedure; Non-Title IX Sexual Misconduct matters - follows a separate procedure, similar to previous versions of the Policy In addition to, investigation, and possible adjudication of the matter, the Title IX Coordinator may offer Informal Resolution to the parties
THE GOOD NEWS o The informal resolution process is the same for both Title IX and Non-Title IX Matters o Process satisfies Title IX Regs o Two minor differences for Title IX Sexual Harassment cases: Title IX Formal Complaint is required Informal Resolution prohibited for allegations by students against staff
What? No Informal Resolution for Sexual Assault allegations M A J O R C H A N G E S T O D I S C U S S : Timing = after investigation, before investigative report P R E V I O U S P O L I C Y Who? Conducted by the Title IX Coordinator or a designated staff member
What? Any allegation can be resolved by informal resolution M A J O R C H A N G E S T O D I S C U S S : Timing = may take place at any point prior to a determination of responsibility R E V I S E D P O L I C Y Who? Title IX Coordinator refers matter to designated facilitator
An alternative to the formal investigation and adjudication procedures outlined in the CUNY Policy on Sexual Misconduct. It may include administrative resolution, an acceptance of responsibility, mediation, or other alternate dispute resolutions. In some cases informal resolution may represent a beneficial outcome for both parties providing options to the formal investigation an adjudication process. I N F O R M A L R E S O L U T I O N D E F I N E D The Informal Resolution is available in matters proceeding as Title IX Sexual Harassment Matters and Non-Title IX Sexual Misconduct Matters. Informal Resolution is not available in cases involving Title IX Sexual Harassment allegations by a student against an employee.
I N F O R M A L R E S O L U T I O N P R O C E S S F R O M S T A R T T O F I N I S H
T H E R O L E S O F T H E T I T L E I X C O O R D I N AT O R A N D I N F O R M A L R E S O L U T I O N FA C I L I TAT O R Title IX Coordinator Informal Resolution Facilitator ( IRF ) Must consider every eligible case for informal resolution. IRF receives Notice of Offer of Informal Resolution to the parties. Discuss the resolution options with the parties. IRF will contact the parties introducing themselves, and scheduling times to discuss informal resolution with the parties. Provide written notice that informal resolution is being offered to resolve the allegations Provide ground rules to the parties Obtain the agreement from both parties to participate in the informal resolution process. Discuss the matter with parties, individually, or jointly depending on the request of the parties. Refer the matter to the designated Informal Resolution Facilitator IRF will discuss parameters of resolutions considered by parties. Upon approval of resolution agreement by the parties and Title IX Coordinator, the IRF will memorialize the resolution agreement. Do a 30-day check-in to see progress of the Informal Resolution
M O D E L S O F I N F O R M A L R E S O LU T I O N Shuttle Negotiations Shuttle Dialogue Mediation Structure Restorative Process
E X A M P L E S O F I N F O R M A L R E S O L U T I O N o Administrative resolution (mutual agreement to abide by a mutual no contact order) o Acceptance of Responsibility and penalty o Mediation o Alternative Dispute Resolution
Title IX Coordinator Evaluation S T E P S I N T H E I N F O R M A L R E S O L U T I O N P R O C E S S Written Offer of Informal Resolution Referral to Facilitator Facilitated resolution Informal Resolution Agreement Memorandum Parties sign the Agreement Memorandum
Every eligible case must be considered Considerations: T I T L E I X C O O R D I N A T O R E V A L U A T I O N The allegations Party relationship/history Power dynamics Goals of the parties
WRITTEN OFFER OF INFORMAL RESOLUTION o Written Notice that an informal resolution is being offered o Must include: Description of the allegations Requirements of the Informal Resolution process Potential consequences resulting from participating in the informal resolution process Notice that either party has the right to withdraw from the informal resolution process and resume investigation at any time prior to agreeing to an informal resolution.
PERSONAL AND CONFIDENTIAL Via E-Mail Written Notice of an Offer of Informal Resolution Ms/Mr. (Student name) Campus Name Student email Notice of Informal Resolution Dear Ms./Mr. Complainant/Respondent: Pursuant to CUNY s Policy on Sexual Misconduct (the Policy )1, this correspondence is intended to provide you with written notification that an informal resolution has been offered to resolve the allegations outlined below. According to complainant, on (date of incident) the respondent (describe allegation).(You may include any description of respondent s statement regarding allegation if any). Your agreement is required for you to participate in the process, and upon a discussion with the me, (insert name), the Title IX Coordinator for (insert campus name) both the parties have agreed to participate in the informal resolution process. You understand that you have the right to withdraw from the process at any time before the finalization of the resolution agreement. The investigation of the allegation will be tolled during the pendency of the informal resolution. However, should either party cease withdraws from the informal resolution process the investigation of the allegation will resume. The resolution agreement will be a compilation of the agreed to actions by the parties. A written agreement is required from the parties within fifteen (15) days of receipt of this email. In order to assist in the informal resolution documents (i.e. list types of documents here) provided by the parties may be share with the parties. In addition, the responses received from the parties and the signed finalized resolution agreement will be maintained by The Title IX Office. Upon receipt of your written agreement, your information will be shared with the assigned Informal Resolution Facilitator (IRF) (insert name of IRF and email) who will contact you to schedule a time to commence the informal resolution process. Should you have any questions or concerns please feel free to contact me at (provide email). Best regards, Title IX Coordinator Campus cc: Informal Resolution Facilitator 1 The Policy in its entirety can be accessed via the following link: https://www.cuny.edu/wp- content/uploads/sites/4/page-assets/about/administration/offices/legal-affairs/policies-procedures/Sexual- Misconduct-Policy.pdf.
o If both parties agree to begin the process Title IX Coordinator refers to facilitator Email or letter Summarize the allegations Provide party contact information o Investigation time frame is tolled upon referral R E F E R R A L T O F A C I L I T A T O R o Title IX Coordinator must reevaluate parties progress towards informal resolution every thirty (30) days - check in with facilitator o Title IX Coordinator has discretion to terminate the informal resolution process and resume investigation at any time
C R E A T E A S A F E S P A C E F O R P A R T I C I P A N T S T O B E O P E N A N D H O N E S T WHAT ARE THE GOALS OF AN INFORMAL RESOLUTION? H O W C A N T H E H A R M B E R E M E D I E D / R E P A I R E D ? C R E A T I N G A R E S O L U T I O N A G R E E M E N T T H A T M E E T S T H E N E E D S O F T H E P A R T I E S
FACILITATED RESOLUTION o Begin by communicating independently with each party o Reach out to introduce yourself Establish trust Create a relationship o Explain your role: Facilitating, not imposing, a resolution Information learned as a direct result of process will not be documented in investigatory report or subsequent adjudication Facilitator precluded from participating as a witness in investigation or adjudication Will maintain their confidences; unless they give permission to share with other party Provide ground rules for the parties
I N F O R M AT I O N G AT H E R I N G o Helpful questions What brings you here today? What are your concerns? Is there anything else? What do you hope from this process? o Summarizing Let me see if I understand what you are saying... If I hear you correctly... Mirroring o Moving forward Less focus on what happened More focus on what happens next o What are their goals for this process? What is a priority? What level of communication (with the other party) are they comfortable with? o Ask permission to share information/suggestions with the other party o ...and repeat
W O R K TO W A R D S A N AG R E E M E N T Identify shared goals and priorities, when possible Remain neutral Remind parties of their initial goals
Informal Resolution Agreement Memorandum o Agreement must be acceptable to both parties & college o Notify parties in writing complainant, respondent, Title IX Coordinator Cover Letter/Email Agreement Memorandum Summarize the allegations Procedural history (date of referral, etc.) Agreement Reminder that once both parties sign the Agreement Memorandum, matter will be deemed resolved - no further investigation and adjudication. Reminder that memorandum will be maintained for seven (7) years, in compliance with record keeping policy o Parties sign the Agreement Memorandum C O N T E N T S O F T H E I N F O R M A L R E S O L U T I O N A G R E E M E N T M E M O R A N D U M
RECORDKEEPING o New Regs have recordkeeping requirements o Seven (7) years o Informal Resolution Agreement Memorandum Title IX Coordinator Case File o IRF documents procedural steps Title IX Coordinator Case File o Title IX Coordinator Reasoning for referral or non-referral Written Notice of Informal Resolution Written response from the parties Any written notification to the IRF 30-day check-in(s) Documents provided by IRF
W H AT I F T H E Y CA N T R E AC H A N AG R E E M E N T ? It s ok! Notify the parties in writing Refer back to the Title IX Coordinator to resume investigation
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