Adaptable Resolution Initiatives
An alternative to the formal investigation process
William & Mary recognizes the importance of creating options for resolution of alleged violations of sexual misconduct that take into account the needs of the complainant or the "harmed party," some of whom may wish to avoid the formal investigation and resolution process. Adaptable Resolution is a voluntary, remedies-based, structured process between or among affected parties that balances support and accountability without resulting in formal disciplinary action against a respondent or the "person who caused harm." It is designed to address the allegations of prohibited conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the harmed party, while maintaining the safety of the campus community.
This process is separate and distinct from William & Mary’s formal investigation process under the Student Discrimination and Title IX Complainant Procedure. Adaptable Resolution allows the person who caused harm to acknowledge the impact experienced by the harmed party and the campus community and accept responsibility, to the extent possible, for repairing the harm. By fully participating in this process, a respondent will not face formal sanctions under the Title IX Policy and/or Discrimination Policy.
Adaptable Resolution Guidelines
- The goal of Adaptable Resolution is to addresss the prohibited conduct, identify ways the individual(s) and/or community have been harmed, and develop a resolution agreement to address the harm (to the extent possible) and prevent future misconduct.
- Participation is voluntary and either party can choose to end the process at any time prior to signing the Adaptable Resolution Agreement. A harmed party (complainant) can choose to pursue or resume a formal investigation upon withdrawal from the process by either party. Any student who wishes to withdraw from the adaptable resolution process must make the request in writing to the Adaptable Resolution Facilitator.
- A written consent form will inform parties that the information disclosed and/or used in adaptable resolution by and between the parties cannot be used in any other university process, including a formal investigation, if adaptable resolution ends and a formal investigation begins or resumes.
- The adaptable resolution process is confidential, meaning information shared in the process will only be shared with university staff on a “need to know” basis.
- The university will not pressure or compel a harmed party to confront the person responsible for the harm directly, or to participate in any particular form of adaptable resolution.
- All parties must participate in individual meetings with appropriate university staff to learn more about the adaptable resolution process prior to participating and sign a written consent form to participate.
- Typically the university may not authorize the use of adaptable resolution for a respondent more than once. However, the university may consider requests if made by a subsequent complainant.
- Information and records related to the matter will be protected by the university in accordance with the university’s Student Records Privacy Policy and Notification of Rights. More detail about student privacy and confidentiality of records will be provided by the adaptable resolution facilitator.
- Participation in this process does not constitute a responsible finding of a policy violation and therefore is not reflected on a student’s cconduct record.
- Upon execution of the signed agreement by all parties, the matter is considered resolved and the outcome is final. All parties are then bound to its terms.
- The person who caused the harm may face allegations of Failure to Comply with Directions from a University Official under the Student Code of Conduct for failure to fulfill the required provisions contained in the Adaptable Resolution Agreement.
- Prohibiting either party from speaking about their experience (i.e. gag order).
- Prohibitions on participation in university activities for an indefinite duration.
- Prohibitions on participation in university activities that interfere with a student’s access to education.
- Solely and overly punitive terms are not appropriate.
