the goal of the what is to facilitate an informal resolution

Title Ix Process Flow Chart

Afterward the filing of a formal complaint, at whatsoever time prior to reaching a determination regarding responsibleness or dismissal of the formal complaint, the Academy may facilitate an breezy resolution procedure that does not involve a full investigation and adjudication. The University will not require the parties to participate in an informal resolution procedure and will non offer this informal resolution process unless a formal complaint is filed. The University volition not crave, every bit a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of whatever other correct, waiver of the right to an investigation and arbitrament of formal complaints of sexual harassment. Informal resolution is Not bachelor if there are allegations that an employee sexually harassed a student.  Information technology is, however, available if there are allegations that a educatee sexually harassed an employee.

UNC Greensboro offers a mediation process, in which the complainant and respondent, using a University-provided mediator(s), attempt to resolve a grievance in a mutually acceptable manner.   Arbitration is a procedure in which disputing parties enlist the aid of a neutral party to aid them achieve a voluntary, bilateral agreement that finally and definitively resolves all or portions of their dispute, without resorting to adversarial procedures such every bit grievance hearings, administrative hearings, or litigation. Any such mediated agreement that the parties are able to negotiate will be embodied in a written agreement.

Requesting Mediation . Either political party may request arbitration at any time, prior to a finding of responsibility.  The University will seek the voluntary written consent of the other party prior to engaging in arbitration. Both parties will receive a written notice that includes this Informal Resolution Process, and the allegations that are the bailiwick to the investigation.  Both parties must voluntarily consent, in writing, to engage in mediation.

Engaging in mediation requires that the parties agree that, anything said or done by either political party during a mediation process will not be referred to or used against a party in whatever subsequent proceeding, fifty-fifty if the parties practise not resolve their understanding in mediation.  If arbitration does not produce a settlement, no fault or blame will attach to either political party and parties retain the rights they had prior to mediation.

Role of the Mediator . The University-provided mediator is a neutral 3rd party(south) whose function is to guide the process, facilitate communication, and assist the parties to generate and evaluate possible outcomes for a successful resolution. A mediator assists the parties in defining, clarifying, communicating about, and ascertaining the substantiality and relevance of the problems that announced to divide the parties and to aid the parties in generating, considering, and communicating with each other about possible bases for resolving the dispute.  A mediator does not deed equally a estimate and does not render decisions.

A mediator cannot be called to serve equally a witness in any subsequent proceedings betwixt the parties.  Mediators may be trained members of the kinesthesia or staff, exterior mediators from the customs, or mediators from other campuses within the Academy.  In incidents that involve faculty, the mediator may not exist members of UNC Greensboro Faculty Grievance Commission. Mediators volition take successfully completed formal mediation training essentially equivalent to that required for certification past the North Carolina Administrative Office of the Courts or to have been formally trained in arbitration specifically designed for use in a university setting.

Mediation Attendees .  Participation in mediation will exist express to the complainant, respondent, and mediator.  Either political party can ask for a recess at any time in society to consult with an chaser or other advisor, but attorneys, advisors, or other support persons may non nourish the mediation.

Mediation Process . Complainants volition be provided an opportunity to draw the impact of the incident to the Respondent and Mediator.  Respondents will exist provided an opportunity to draw the intent behind the incident to the Complainant and the Mediator.

The goal of the process is to develop a written agreement betwixt the parties documenting the resolution of the incident. The Mediation Understanding will exist written past the Mediator and signed past each party. The Arbitration Agreement volition then be binding on both parties and enforced by the University, and will contain a statement that the parties will not disclose the contents of the Agreement.  Mediation Agreements tin can include, but are not express to, agreed-upon supportive measures equally outlined in the applicable policy; agreed-upon disciplinary measures every bit outlined in the applicable policy; agreed upon modifications to piece of work or form schedules; changes in piece of work or housing locations; and mutual restrictions on contact between the parties.  If the mediation agreement includes terms that obligate the academy, a University official with the authorization to bind the university must also sign the mediation agreement.

Conclusion of Mediation . At the determination of mediation, the parties will sign the arbitration agreement and receive of an executed copy.  This agreement is binding on the parties, will be enforced by the Academy, and precludes either party from resuming a formal complaint rising from the same allegations.  Failure of the parties comply with the terms of the Mediation Agreement may result in disciplinary action.

If the parties are unable to reach an agreement, they will sign a detect of impasse, which will be produced by the mediator, and contains a curt, written argument to the appropriate authority necessary to invoke the next pace in the grievance procedure, i.due east., that mediation was attempted but settlement was non reached.

Withdrawal from this Informal Process . At any time prior to agreeing to a resolution, whatsoever political party has the right to withdraw from the informal resolution procedure and resume the grievance procedure with respect to the formal complaint.

Records Retention .  Copies of Mediation Agreements will be maintained by the University in accordance with the applicable records retention schedule.

To preserve the confidentiality and integrity of the mediation procedure audiotape, videotape, recording devices, and transmission devices are not permitted.  Handwritten notes will be collected past the mediator and destroyed at the decision of the process.

All documents generated during the course of mediation and whatsoever communications shared in connexion with arbitration are confidential to the extent provided by law.

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Source: https://titleix.uncg.edu/informal-resolution-process/

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