Informal Resolution Process

About

After receiving a formal complaint, at any time prior to reaching a determination regarding responsibility or dismissal of the complaint, the University may facilitate an informal resolution process that does not involve a full investigation and adjudication. The University will not require, as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of complaints of sex-based harassment nor require parties participate in an informal resolution process.   

UNC Greensboro provides the following types of informal resolution:

Adaptive Resolution

The Adaptive Resolution Process is based on restorative and educational practices. The goal of the process is to resolve conflict, and to restore a sense of well-being and community by identifying mutually agreeable outcomes that will foster understanding of the impact of the alleged behavior(s), attend to the needs of the involved parties, and repair the harm done to people and relationships.  

During the process, the facilitator communicates with both parties individually to collect their input and feedback with the goal of developing a mutually agreeable adaptive resolution agreement containing agreed upon outcomes. 

Outcomes may include, but are not limited to, participation restorative justice practices, educational requirements for the parties, and/or mutually agreed upon university restrictions. 

Mediation

Mediation is a procedure in which disputing parties enlist the assistance of a university-provided mediator to help them achieve a voluntary, bilateral agreement that finally and definitively resolves all or portions of their dispute, without resorting to adversarial procedures such as grievance hearings, administrative hearings, or litigation. Any such mediated agreement that the parties are able to negotiate will be embodied in a written agreement. 

Complainants will be provided an opportunity to describe the impact of the incident to the Respondent and Mediator.  Respondents will be provided an opportunity to describe the intent behind the incident to the Complainant and the Mediator.     

The goal of the process is to develop a written agreement between the parties documenting the resolution of the incident. The Mediation Agreement will be written by the Mediator and signed by each party. The Mediation Agreement will 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 can include, but are not limited to, agreed-upon supportive measures as outlined in the applicable policy; agreed-upon disciplinary measures as outlined in the applicable policy; agreed upon modifications to work or class schedules; changes in work or housing locations; and mutual restrictions on contact between the parties.  If the mediation agreement includes terms that obligate the university, a university official with the authority to bind the university must also sign the mediation agreement. 

Withdrawal from the Informal Process

At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

Records Retention

Copies of Informal Resolution Agreements will be maintained by the University in accordance with the applicable records retention schedule.

To preserve the confidentiality and integrity of the informal resolution process audiotape, videotape, recording devices, and transmission devices are not permitted.  Handwritten notes will be collected by the facilitator/mediator and destroyed at the conclusion of the process. 

All documents generated during the course of the informal resolution process and any communications shared in connection with informal resolution are confidential to the extent provided by law.