Alternative Resolution

ADR involves the individual who experienced the alleged conduct (the “complainant”), the individual who engaged in the alleged conduct (the “respondent”), and the individual who helps the complainant and respondent create a resolution agreement (the “facilitator”). During ADR, the complainant and the respondent (the “parties”) can be supported by a person who may or may not be an attorney, such as a friend, family member, or University staff person (a “support advisor”).

The Title IX Office coordinates the connection with the facilitator and evaluates the situation to determine whether ADR is an appropriate option. The Title IX Office partners with an external company to provide ADR facilitation.

A Title IX case manager can explain ADR and help you determine if it is right for your situation. To contact a Title IX case manager, you can submit a Title IX report or email titleix@uw.edu.

A complainant must submit a formal complaint before ADR can be initiated. If an investigation has been initiated, either party can request ADR while the investigation is ongoing and a decision (“initial order”) has not been made.

If you have already begun an investigation, either party can explore ADR while the investigation is ongoing and a decision (“initial order”) has not been made.

Whether ADR is appropriate for a complaint of sex- or gender-based violence, harassment, or discrimination is decided on a case-by-case basis by the Title IX Office. Some of the factors considered include:

• The respondent’s previous conduct
• Whether both parties are still affiliated with the University
• The risk to the complainant or the community
• The parties’ initial and ongoing agreement to participate

Currently, ADR is only available for situations involving students.

To proceed with ADR, both parties must agree to participate. Participation in ADR is entirely voluntary, and either party can withdraw at any time before a resolution agreement is signed.

During ADR, you will not be interviewed by an investigator or have the opportunity to provide witnesses or evidence to support your side of the story. The University will not issue sanctions, make a decision about whether a University policy was violated, or include the outcome on a disciplinary record. Participation in ADR does not lead to a live hearing where you may be asked questions by the other party’s attorney or hearing advisor.

Parties are not required to communicate directly with one another during ADR, but they can choose to do so.

There are several ADR methods that can lead to a resolution agreement. The facilitator will help the parties determine which ADR method is right for them and their situation. Some common ADR methods include:

• Shuttle diplomacy: The two parties involved in the situation meet separately with a facilitator to discuss their needs for a resolution. The facilitator then drafts a resolution agreement for the parties to review and sign. Shuttle diplomacy does not involve direct, face-to-face contact.
• Conferencing: A facilitator leads a conversation about what the two parties involved need to resolve the situation and drafts a resolution agreement. Conferencing occurs face-to-face (either in person or on Zoom).

The duration of each ADR process varies depending on the situation, but on average, most ADR processes are resolved within one month.

Many different types of resolution agreements could be reached using ADR. Resolution agreements often include some of the following elements:

• Expectations for communicating with one another
• Plans for accessing shared spaces
• Assurances that the respondent will live in a different building than the complainant
• Agreements for the respondent to complete a training or education program
• Limitations on the respondent’s participation in certain activities or events

Resolution agreements will not impose sanctions or include a decision about whether a University policy was violated.

Concerns about resolution agreement violations should be reported to the Title IX Office by emailing titleix@uw.edu. If the respondent is alleged to have violated the terms of a resolution agreement, they may be held accountable under the Student Conduct Code.

Participation in ADR is not documented on your student disciplinary record or transcript. The Title IX Office will keep a copy of the formal complaint and resolution agreement in case future incidents occur.

If ADR is not completed, the resolution process defaults to an investigation. The complainant can choose whether to participate in the investigation or request that the Title IX Office dismiss the complaint and not initiate an investigation.

Information learned during ADR cannot be considered as evidence in a University investigation.