Policy on Sexual and Gender-Based Harassment and Title IX: Informal Resolution Procedures
These Procedures apply to all campuses in the US and Canada.
This document describes the Informal Resolution Procedures available to parties to resolve reports of conduct that may constitute a Prohibited Offense under Northeastern University’s Policy on Sexual and Gender-Based Harassment and Title IX (the “Policy”). Capitalized terms used and not otherwise defined in these Procedures are defined in the Policy. The Policy and these Procedures may address aspects of the same topic, with the Policy stating the university’s general policy and the Procedures providing more specific information concerning university processes. These Procedures must therefore be read in conjunction with the Policy.
At all times, the university reserves the right to determine which policies and procedures apply and which actions may be taken. Except as otherwise noted, proceedings under these Procedures do not preclude separate and additional proceedings under one or more other university policies or procedures.
- As soon as is practicable after receiving a report of conduct that may constitute a Prohibited Offense, an Investigator from the OUEC will contact the Complainant identified in the report to schedule an initial meeting to refer them to the Policy and review rights and support options, including:
- options for filing a Formal Complaint;
- the steps involved in both the Informal and Formal Resolution Procedures under the Policy;
- confidentiality of university resolution procedures;
- referrals to law enforcement, counseling, medical, academic, or other resources, as appropriate; and
- supportive, remedial and protective measures that can be provided during the pendency of a resolution procedure, as appropriate.
If the Complainant agrees to disclose information regarding the allegation, including the identity of the Respondent, the date, location, if known, and the general nature of the alleged violation of Policy and agrees to file a Formal Complaint, the Complainant will complete and sign their Rights Form.
If the Complainant requests that the Informal Resolution Procedure be utilized after filing a Formal Complaint and having been fully informed of all available options, the following steps will be taken:
- OUEC will request to meet with Complainant, if necessary, to determine whether the complaint states a potential violation of the Policy.
If OUEC determines that the Complainant’s allegations, if true, do not constitute a potential violation of the Policy, or that OUEC has no jurisdiction in the matter, OUEC staff will provide appropriate referrals to both on and off-campus resources. If new information is subsequently provided to OUEC, OUEC may reevaluate whether the allegations constitute a potential violation of the Policy and/or whether OUEC has jurisdiction to facilitate a Formal or Informal Resolution.
- If OUEC determines that the Complainant’s allegations, if true, constitute a potential violation of the Policy, and Complainant has filed a Formal Complaint, OUEC will notify the Respondent, in writing, that a Formal Complaint has been filed against them and that the Complainant has requested an Informal Resolution. The Respondent may agree to the Informal Resolution or request a Formal Resolution as detailed in the Formal Resolution Procedures for Title IX Prohibited Offenses involving Student Respondents, Title IX Prohibited Offenses involving Employee Respondents, or Formal Resolution Procedures for SGBH Prohibited Offenses, as applicable.
The OUEC will provide the Complainant and the Respondent a summary of the alleged Prohibited Offense, identify potential Policy violation(s), and provide an explanation of the Informal Resolution Procedure, including the following information:
- completion of the Informal Resolution Procedure precludes the parties from resuming a Formal Complaint Procedure arising from the same allegations;
- at any time prior to agreeing to an Informal Resolution, any party has the right to withdraw from the Informal Resolution Procedure and resume a Formal Resolution Procedure;
- if an Informal Resolution Procedure is ended by request of one of the parties, any information obtained through the Informal Resolution Procedure may not be used in a subsequent Formal Resolution Procedure and hearing process;
- record maintenance of the procedure; and
- the requirement for the parties’ voluntary consent to the Informal Resolution Procedure.
- We Care Case Managers will be assigned to students who are Complainants or Respondents. Case Managers will serve as the main point of contact for these individuals to provide interim measures and support resources.
- If the Respondent agrees to an Informal Resolution, the OUEC Facilitator(s) will request to meet separately with the Respondent, and the Complainant, if necessary.
- Both the Complainant and the Respondent will have the opportunity to provide their version of events to the OUEC Facilitator to help the OUEC Facilitator understand the relevant issues. Please note that this is not a formal investigation, and parties are not required to give their full accounts of the situation.
Possible options of an Informal Resolution may include, but are not limited to:
- Facilitated Dialogue: a structured conversation between the parties, facilitated by a third person who can assist in an agreed solution;
- Educational Conversations;
- Restorative Conferences; or
- Impact statement: a letter written by the Complainant and read by the Respondent.
Possible solutions resulting from Informal Resolution may include, but are not limited to:
- a written understanding about future conduct;
- establishing mutually agreed upon interim measures;
- broad-based educational programming or training for relevant individuals or groups;
- educational discussions concerning alleged behavior and institutional policies and expectations; or
- any other supportive, remedial or protective measures that can be tailored to the involved individuals to stop any unwanted behavior, prevent recurrence of the issues and remedy the effects of the particular complaint.
The university retains the discretion and authority to determine whether the Informal Resolution Procedure is inappropriate or is no longer appropriate. The university will consider, among other things, the following factors in making its decision: the length of time of the Informal Resolution procedure, the requested results of the Informal procedure, the gravity of the alleged offense, the risk of harm to an individual, the risk of a violation of law, or any other reason that necessitates elevation to the Formal Resolution Procedure.
- A summary of the Informal Resolution will be kept on file with OUEC but will not be considered part of the academic record for student Complainants and Respondents or the employee record for employee Complainants and Respondents.
- Complaints resolved informally require mutual acceptance by the Complainant, the Respondent, and the OUEC through a written Memorandum of Understanding (MOU). The MOU (1) must be signed by the Complainant, the Respondent, and OUEC, (2) shall state the conditions of the resolution, if any, and (3) shall state that the resolution of the complaint via the MOU does not imply an admission of wrongdoing or a clearance of charges. The MOU shall also state which issues are being resolved by the parties and which issues remain unresolved, if any.
- If an Informal Resolution is not achieved, the OUEC Facilitator will notify all parties in writing that the informal process has terminated without a resolution.
- If resolution of the Formal Complaint is reached through the Informal Resolution Procedure, the matter will be considered closed.
- If resolution is not reached, if OUEC determines that further process is necessary, or if either party fails to comply with the terms of any agreed resolution, OUEC may initiate the Formal Resolution Procedure.
Once a complaint has been resolved through an Informal Resolution Procedure, and both parties have agreed to the terms of the resolution, the matter is closed and the parties are precluded from resuming a Formal Complaint Procedure arising from the same allegations.