The Alternative Resolution process allows parties to forego all or some of the formal grievance process. The goal of an Alternative Resolution is to conclude the matter to the satisfaction of all parties quickly and confidentially, for the purpose of restoration rather than punishment.
What does an alternative resolution look like?
Either party may request that the Title IX office facilitate an alternative resolution at any time before the conclusion of an investigation.
- Both parties agree to participate in the alternative resolution process. Either party may withdraw and stop the alternative resolution process at any time before the final agreement is signed by both parties.
- With the help of an Alternative Resolution Facilitator, the parties propose and counter-propose terms for the agreement. Due to the sensitive nature of these cases, the parties never directly contact each other; instead, the Facilitator operates as a go-between to communicate each party's offers and counteroffers.
- Once compromise is reached and a mutually agreed-upon agreement is created, both parties sign the alternative resolution agreement, dismissing the Complainant’s formal complaint and releasing the parties’ Title IX claims against each other based on these specific allegations. This resolution is not subject to appeal, and parties' noncompliance with the terms and conditions of the agreement may result in university sanctions.
Although alternative resolutions can be a useful tool for some situations, it is not a one-size-fits-all solution. Thus, alternative resolutions are never required for any party.
What alternative resolution stipulations are available?
Parties often request consent education for the Respondent and/or the opportunity for the Complainant to write an impact statement; however, parties are welcome to invent their own terms in good faith. If the stipulation meets BYU Title IX approval and both the Complainant and Respondent agree, that stipulation can become part of the final document. The Facilitator will discuss with the parties their needs and interests in order to formulate helpful and restorative stipulations for the agreement.
Quick facts about the alternative resolution process:
- Facilitates quick resolution for the parties.
- Designed to conclude the matter quickly and confidentially.
- Allows the parties to creatively generate their own terms and conditions.
- Focuses on restoration for both parties rather than punishment.
- Does not involve a determination of responsibility, and requires the release of claims arising out of these allegations.
- Does not involve an investigation.
- Does not result in academic sanctions against the Respondent absent violation of the final terms.
- Never required for any party.
- Either party may withdraw from the process and pursue a formal investigation at any time.
- Relies on voluntary agreement by both parties.
- Violation of the terms of the agreement could result in sanctions for the violating party.
View our alternative resolution process flowchart here.