After a concern has been initially assessed, Reports of Prohibited Conduct that are not closed after the Title IX Officer’s initial assessment may be addressed through one of our resolution pathways outlined below. Regardless which path is chosen to resolve the concern, the complainant would be informed of the action taken.
This section is intended to provide a brief outline of different ways a case may be resolved. This section will be updated when there is revisions to our policy. For more detail description of different resolution pathways, please see our section on Policies and Procedures.
- Supportive Measures/Early Resolution
- Most discrimination and harassment cases are resolved via Early Resolution. Supportive measures are used for sexual violence and sexual harassment to support a Complainant who is not involved in a Resolution Process (see Section V.A.5), but the information is still concerning that the University determines it needs to respond.
Supportive Measures/Early Resolution can include remedies such as:
• Helping you communicate directly with the other person.
• Arranging for a UCD official to talk with the other person (a “no-fault” or “notice” conversation.)
• Helping parties agree to certain changes in how you interact.
• Separating you and the other person.
• Negotiating a disciplinary agreement with the other person.
• Conducting training on discrimination for an individual, department or group.
• Using Student Health and Counseling Services (SHCS) or the Academic and Staff Assistance Program (ASAP) for emotional support.
• Other strategies you and the University agree to try.
Please note at this stage no complainants are named. However, respondents may be informed of allegations at this stage and can assume based on the information provided who the complainant is. That is why we emphasize retaliation is prohibited. For information on retaliation, please see Understanding the Process.
- Alternative Resolution (only Sexual Violence and Sexual Harassment cases)
- After an initial assessment of the alleged facts, the Title IX Officer may—if the Complainant and Respondent agree—begin an Alternative Resolution process. The Title IX Officer will, if appropriate, begin the process in consultation with other offices depending on whether the Complainant and Respondent are faculty, other academic appointees, staff, student employees, or students.
Alternative Resolution may include, among other responses:
• separating the parties;
• providing for safety;
• referring the parties to counseling;
•mediation (except in cases of sexual violence);
• referral for disciplinary action;
• an agreement between the parties;
• conducting targeted preventive educational and training programs; and
• conducting a follow-up review to ensure that the resolution has been carried out effectively.
Alternative Resolution may be especially useful when:
• a Formal Investigation is not likely to lead to a resolution;
• both parties prefer an informal process; or
• a case involves less serious allegations
Once the parties have agreed to the terms of an Alternative Resolution, the University will not conduct a Formal Investigation unless the Title IX Officer determines that the Respondent failed to satisfy the terms of the Alternative Resolution, or that the Alternative Resolution was unsuccessful in stopping the Prohibited Conduct or preventing its recurrence.
For alternative resolution to be successful, both parties must agree to the outcome. This means that no action, including referral for discipline, will typically occur unless both the Complainant and Respondent agree. Sometimes, though, alternative resolution includes actions by the University to support the Complainant—the Respondent need not agree to or know about these. Either party can terminate the alternative resolution process at any time before it is completed. Additionally, the Title IX Officer can terminate the process if it appears that the process will not be successful.
For more information on Alternative Resolution, please see this document: Sexual Violence and Sexual Harassment Resolution Process Frequently Asked Questions
- Formal Investigation
- Most complaints are resolved through Preventative Measures or Alternative Resolution, but some cases may need to be investigated before they can be resolved.The Title IX Officer will begin a Formal investigation when they decide not to close a report after their initial assessment and either (i) Alternative Resolution and Other Inquiry are not appropriate, or (ii) the parties do not agree to participate in Alternative Resolution or it ends before they agree on terms. he Title IX Officer may coordinate the investigation with other offices, depending on the identities of the Complainant and Respondent (that is, faculty, other academic appointees, staff, or students.). Usually in cases of sexual violence, a formal investigation will be charged.
If the Complainant does not want a Formal Investigation, the Title IX Officer will seriously consider this preference. However, the Title IX Officer may determine an investigation is necessary to mitigate a risk to the campus community. If the Title IX Officer begins a Formal Investigation despite the Complainant’s request, the Title IX Officer will provide the Complainant with all information required by this Policy unless the Complainant states in writing that they do not want it.
If the Title IX Officer does not begin a Formal Investigation, they will inform the Complainant that this limits possible remedies. The Title IX Officer will nonetheless provide measures as appropriate and consistent with Complainant’s privacy and the absence of a Formal Investigation.
If the University decides a formal investigation is necessary, the Chief Compliance Officer appoints an official investigator. The complainant and the respondent will be notified of the investigation. The investigator will conduct separate interviews with the complainant, the respondent, and other potential witnesses. The investigator may recommend that certain steps (interim protections) be taken to protect the complainant or witnesses at any time during the investigation. The investigator will prepare and submit a report addressing whether or not University policy was violated. If there is a finding of a policy violation, the University will consider disciplinary action against the respondent and/or other remedies that may be appropriate.
Please note the specific procedures for investigating and resolving complaints of Prohibited Conduct depend on the Respondent’s identity and relationship to the University.
• Where the Respondent is a student, the procedures are in Appendix E: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework of the Policies Applying to Campus Activities, Organizations, and Students, and local implementing procedures.
• Where the Respondent is a faculty member, the procedures are in the Sexual Violence and Sexual Harassment Investigation and Adjudication Framework for Senate and Non-Senate Faculty, and local implementing procedures.
• Where the Respondent is a staff member or non-faculty academic employee, the procedures are in the Sexual Violence and Sexual Harassment Investigation and Adjudication Framework for Staff and Non-Faculty Academic Personnel, and local implementing procedures.
For more information about Formal Investigation for Sexual Violence and Sexual Harassment cases, please see this document: Sexual Violence and Sexual Harassment Resolution Process Frequently Asked Questions