All Prohibited Conduct reported to the Title IX Coordinator will be assessed to determine the appropriate resolution. The Complainant's expressed preference for resolution will be considered in determining if an Informal or Formal Resolution will be initiated. Informal Resolutions may not be permitted in certain circumstances, such as matters that include a staff or faculty member sexually harassing a student.
The Informal Resolution process provides a mechanism for Dartmouth to take prompt action through the imposition of individual and community remedies designed to maintain or restore access to the educational, extracurricular, and employment activities at Dartmouth and to remedy the impacts of conduct on members of the Dartmouth community. The Informal Resolution process may only be initiated after filing a Formal Complaint. The Complainant and Respondent must give voluntary, written consent to the Informal Resolution process.
An Informal Resolution process is voluntary, and the Complainant or Respondent can ask to end the Informal Resolution process at any time before its completion. A Formal Resolution may be requested if a matter is not resolved through an Informal Resolution. If an Informal Resolution process ends before resolution, any information obtained may be used in a subsequent Formal Resolution process.
Informal Resolutions are rooted in Restorative Justice, which looks to address the harm caused and find a path forward. There are two options through Informal Resolution: a shuttle agreement is facilitated by the Title IX Coordinator and does not require the parties to have contact with one another. The second is a restorative process, a facilitated conversation between the Complainant and Respondent. Both options result in a plan for the Respondent to address the harm by implementing agreed-upon remedies.
A matter is considered closed once a Formal Complaint has been resolved through an Informal Resolution process.
A Formal Resolution, more commonly known as an investigation, will occur when (a) a report of a violation of the Policy is made, and the Complainant files a Formal Complaint or (b) the Title IX Coordinator files a Formal Complaint after determining that a Formal Resolution process is necessary. If a Formal Resolution is initiated by the Title IX Coordinator (option b), the Complainant will be made aware in advance.
The Title IX Coordinator will appoint one or more trained investigators to conduct a prompt, thorough, fair, and impartial investigation. The role of the investigator will be to gather information through interviews of the Complainant, Respondent, and witnesses and synthesize the information in a report that will be provided to the Complainant, Respondent, and the Hearing Panel. The investigator will be impartial and free from conflict of interest or bias.
During the Formal Resolution process, both the Complainant and Respondent have equal rights, including the opportunity to receive a written notice of investigation, to participate in the investigation, to review and present information and evidence, to be accompanied by an advisor of their choice to any meeting; to timely and equal access to all information gathered that is directly related to the allegations in the Formal Complaint, as well as the information contained in the investigation report that will be used in disciplinary proceedings; to timely written notice of meetings at which their presence will be requested or required, including the purpose of the meeting and participants, with sufficient time to prepare; to notice of the hearing; to question the other party during the hearing, either through the party's advisor or through the Hearing Coordinator/Chair; to simultaneous written notice of the outcome, sanction, and rationale; and to appeal the outcome.
Complainants and Respondents have the right to be accompanied and assisted by an advisor of their choosing through the entirety of the Formal Resolution process, including meetings, interviews, evidentiary review, and the hearing. For Formal Resolutions of Title IX prohibited conduct, hearings allow for cross-examination. For a Title IX hearing, if one of both parties does not have an advisor, one will be assigned (at no cost) before the hearing so that they may conduct questioning on behalf of their party at the hearing.
To further details about the options for resolution, you can explore the Sexual and Gender-Based Misconduct Policy and Procedures.