FAQs and Glossary for Adaptable Resolution

What happens after a Complainant files a Formal Complaint and selects Adaptable Resolution?

  • After the Complainant files a Formal Complaint and the Title IX Coordinator determines that Adaptable Resolution is appropriate, the Complainant can meet with an Adaptable Resolution Facilitator to share their concerns and perspective of what happened, desired outcomes, and next steps.

What factors will be considered by the University in determining whether Adaptable Resolution is appropriate?

  • In determining whether a matter is appropriate for Adaptable Resolution, the Title IX Coordinator will consider:
    • The safety of the parties and the campus community
    • The Complainant’s and Respondent’s interest in participating in Adaptable Resolution
    • The Complainant’s and Respondent’s opportunities to freely choose among resolution options
    • Whether the University has Title IX obligations to investigate the matter, and if so, whether the University has, or has means to obtain, sufficient information about the alleged conduct to carry out an investigative resolution process (including consideration of the Complainant’s willingness to participate in that process)

Is the Adaptable Resolution process voluntary?

  • Yes. No one is required to participate in Adaptable Resolution, nor will the University or any University office pressure or compel anyone to participate. At any point before signing a Resolution Agreement, Complainants or Respondents can choose to end the process and other individuals (involved or impacted parties) can choose to withdraw their participation.
  • To proceed with Adaptable Resolution, all parties must consent to participation in writing, that is, sign a Participation Agreement.

Is the Adaptable Resolution process private?

  • Yes. Conversations about and within the AR process with an AR Facilitator are kept private as we seek to create an environment that fosters open and honest communication. This means that information shared during the AR process is not typically disclosed to others at the University, other than the Title IX Coordinator, including for other disciplinary purposes.
  • In addition, by signing a participation agreement, complainants and respondents agree that, to the extent permitted by law, they will not use information shared or obtained during AR in any other University process (including Investigative Resolution under the Policy even if Adaptable Resolution does not result in an agreement) or legal proceeding.
  • It’s important for us to note that the Office of Student Conflict Resolution and the Equity, Civil Rights, and Title IX Office will keep the following records related to the AR process for seven (7) years after the end of the AR process:
    • Signed Participation Agreements
    • Signed Resolution Agreement
    • Email communications between OSCR and ECRT regarding the use of AR
    • Other administrative records (e.g., emails, database entries, notes related to the completion of a resolution agreement, etc.)
  • The University will not keep any handwritten or typed notes made by the Adaptable Resolution Facilitator in order to facilitate the process beyond the conclusion of the process.

Do Respondents face discipline as a result of Adaptable Resolution?

  • No. In the Adaptable Resolution process, there will be no formal disciplinary action taken against a Respondent, and the resolution will not appear on the Respondent’s disciplinary record.

Can a Respondent’s participation in Adaptable Resolution be considered in future disciplinary proceedings?

  • No. If a future formal complaint is filed against the Respondent, the Respondent’s participation in Adaptable Resolution will not be taken into account in the resolution of the future complaint.

Can information gathered during Adaptable Resolution be used in Investigative Resolution?

  • No. By signing a participation agreement, parties agree that to the extent permitted by law, they will not use information obtained and utilized during Adaptable Resolution in any other University process (including Investigative Resolution under the Policy if Adaptable Resolution does not result in an agreement) or legal proceeding, though information documented and/or shared during Adaptable Resolution could be subpoenaed by law enforcement if a criminal investigation is initiated.

Who facilitates the Adaptable Resolution process?

  • Trained Adaptable Resolution Facilitators from the Office of Student Conflict Resolution will facilitate the Adaptable Resolution process.

Do Complainants and Respondents have to meet with one another as part of an Adaptable Resolution process?

  • No. Complainants and Respondents are able to choose whether or not their Adaptable Resolution process will include face-to-face interaction by selecting between four pathways
    • The two facilitation pathways that do not require face-to-face interaction are Restorative Shuttle Agreement and Community Supported Accountability Circles.
    • The two facilitation pathways that do require face-to-face interaction (including virtual meetings) are Facilitated Dialogue and Restorative Circles or Conferences.
  • Complainants and Respondents must agree on the pathway(s) before participating in an Adaptable Resolution process and may engage in more than one pathway.

Can Complainants or Respondents be accompanied by a support person for meetings regarding Adaptable Resolution?

  • Yes. Complainants or Respondents can be accompanied by a support person (i.e. friend, relative, university staff member such as a SAPAC Advocate or Respondent Support Advisor, etc.) during meetings regarding Adaptable Resolution. For meetings that require face-to-face interaction (facilitated dialogue, restorative circles, and conferences), both Complainants and Respondents must agree to participation by support persons.

How long does the Adaptable Resolution process typically take?

  • The time frame to complete AR will vary based on party needs and engagement, but the University will strive to complete the AR process within 90 calendar days from the time both parties have signed a Participation Agreement.

Do the University’s protections against Retaliation apply to Adaptable Resolution?

  • Yes. The protections against Retaliation described in the U-M Sexual and Gender-Based Misconduct Policy apply to individuals participating in Adaptable Resolution. The University will review the concern and respond appropriately when Retaliation is reported.

Is the Adaptable Resolution process the same as a restorative justice process?

  • Adaptable Resolution, along with all processes in the Office of Student Conflict Resolution, is rooted in restorative justice practices meaning it seeks to work WITH students to develop ways to communicate and address harm by providing space for all to share what happened before, during, and after an incident, express how they feel about what happened, and work collaboratively toward desired outcomes.

If a complainant is interested in pursuing an Adaptable Resolution process, what steps should they take?

What is commonly included in an Adaptable Resolution Participation Agreement?

  • Details about the voluntary, non-disciplinary, and privacy expectations
  • Details about preparation, purpose, and agreed-upon pathway selection
  • Details about the finality of AR Completion (i.e. waiving the right for an investigative resolution, compliance with agreement)
  • To view a sample participation agreement, please click here: [Sample]

What happens if a Complainant or Respondent starts to participate in Adaptable Resolution but changes their mind and decides not to proceed with Adaptable Resolution?

  • At any point before signing a Resolution Agreement, Complainants or Respondents can choose to end the process and other individuals (involved or impacted parties) can choose to withdraw their participation. Parties will be referred back to ECRT for the next steps.

If Complainants and Respondents are already participating in Investigative Resolution, can they switch to Adaptable Resolution?

  • Up to 48 hours before participation in a Hearing–the culmination of the Investigative Resolution process–any party has the right to withdraw from Investigative Resolution. Complainants and Respondents can explore Adaptable Resolution, however, Complainants and Respondents must agree to participate in Adaptable Resolution and the Title IX Coordinator will have to approve participation.

What are some possible outcomes of Adaptable Resolution?

  • All AR processes that conclude through AR end with a Resolution Agreement. Although Resolution Agreements are unique to the needs of the Complainant and Respondent, common elements include education, contact agreements, program participation agreements, and/or expectations for follow-through.

Does the University have to approve the agreed-upon measures of the Resolution Agreement before it can be finalized?

  • Yes. The Title IX Coordinator must approve the terms of the Resolution Agreement to ensure consistency with the University’s Title IX obligations. An agreement will not be considered valid if the Title IX Coordinator or designee does not approve it.

Is the Complainant or Respondent required to sign a Resolution Agreement?

  • No. Complainants and Respondents in Adaptable Resolution are not required to sign a resolution agreement, just as no party is required to participate in the Adaptable Resolution process. At any point before signing a Resolution Agreement, Complainants or Respondents can choose to end the AR process and other individuals (involved or impacted parties) can choose to withdraw their participation.

Once a Complainant or Respondent has signed a Resolution Agreement, can they change their mind and participate in Investigative Resolution?

  • No. Once the Complainant and Respondent have signed the Resolution Agreement, they are bound by its terms and cannot opt for an Investigative Resolution based on the conduct that was alleged in the formal complaint.

What happens if a party fails to comply with a Resolution Agreement that they signed?

  • Failure to comply with the signed agreement may result in a variety of outcomes, as agreed upon by the Parties. An example of language used in past agreements includes:
    • Parties to this Agreement agree that should the respondent fail to comply with the terms of this voluntary agreement, the following consequences may result: the Office of Student Conflict Resolution (OSCR) may place a Student Conduct Director’s Hold on the Respondent’s student account until agreement completion is met. This hold would prevent the Respondent from being able to receive a diploma or official transcripts until satisfactory progress on agreement completion is met (as determined by the Office of Student Conflict Resolution).

Glossary

Offices & Staff Roles

  • ECRT: The Equity, Civil Rights, and Title IX Office oversees the U-M Sexual and Gender-Based Misconduct Policy and student procedures for Ann Arbor, Dearborn, and Flint, and supports OSCR’s facilitation of Adaptable Resolution.
    • Equity Specialist: The person within ECRT that serves as a consistent point of contact and impartial resource for parties involved in reports under the Sexual and Gender-Based Misconduct processes. The Equity Specialist does not have a decision-making role in these proceedings. 
    • Title IX Coordinator: The person that is responsible for receiving all Sexual and Gender-Based Misconduct complaints and overseeing the university’s response to such reports, which can include Supportive Measures, resolution processes, and other University actions taken in response to a report.
  • OSCR: The Office of Student Conflict Resolution provides a variety of restorative programs and services designed to support a safe, just, and peaceful community, including the Adaptable Resolution Program.
    • Adaptable Resolution Facilitator: A trained staff member from OSCR assigned to each case who has a role focused on understanding and meeting the expressed needs of all parties and will be free from bias and conflict of interest.

Parties & Participant Roles

  • Complainant: The person or people reported to have experienced Sexual and/or Gender-Based Misconduct.
  • Respondent: The person or people reported to have engaged in Sexual and/or Gender-Based Misconduct.
  • Support Person: Any individual selected by a Complainant or Respondent to accompany them to meetings to emotionally assist and/or ensure effective communication. This can be a friend, relative, university staff member (i.e., SAPAC Advocate, Respondent Support Advisor), etc.
  • Involved Party: Individuals who may have directly witnessed alleged behavior, though may or may not feel directly or indirectly affected by the alleged behavior. Involved Party participation in Adaptable Resolution Facilitation would need to be approved by Complainants and Respondents.
  • Impacted Party: Individuals indirectly affected by alleged behavior (i.e. classmates and/or colleagues who may feel ripple effects of harm). Impacted Party participation in Adaptable Resolution Facilitation would need to be approved by Complainants and Respondents.

Sexual and Gender-Based Misconduct (SGBM) Policy Definitions

For full definitions and additional context, please visit U-M Sexual and Gender-Based Misconduct Policy

  • Sexual Assault
    • Sexual Contact that occurs without Consent.
    • Non-consensual physical abuse (e.g. slapping on the face, hair pulling, choking) occurring in conjunction with consensual or nonconsensual Sexual Contact 
  • Sexual Exploitation is intentional conduct by which an individual takes or attempts to take non-consensual sexual advantage of another for one’s own benefit or to benefit anyone other than the one being exploited. 
  • Sexual Harassment is any unwelcome conduct of a sexual nature, whether verbal, graphic (e.g., pictures and videos), physical, or otherwise
  • Gender-Based Harassment includes harassment based on actual or perceived sex, sexual orientation, gender identity, gender expression, or pregnancy. Such harassment may include acts of aggression, intimidation, or hostility, whether verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature.
  • Sex and/or Gender-Based Stalking occurs when an individual intentionally engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to:
    • Fear for their own safety or the safety of others; or
    • Suffer substantial emotional distress
  • Intimate Partner Violence (which includes Dating Violence and Domestic Violence)
    • The term “Dating Violence” means violence committed by a person:
      • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
      • Where the existence of such a relationship shall be determined based on the reporting party’s statement and with a consideration of the following factors:
        • The length of the relationship;
        • The type of relationship; and
        • The frequency of interaction between the persons involved in the relationship
    • The term “Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Michigan, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Michigan.
  • Sex and Gender-Based Discrimination is conduct that is based upon an individual’s sex, sexual orientation, gender identity, gender expression, or pregnancy that:
    • Adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a University program or activity; and/or
    • Is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in a University Program or Activity
  • Retaliation means an adverse action taken against a person for making a report or Formal Complaint of prohibited conduct; being alleged to have committed prohibited conduct; or assisting or participating, or refusing to participate, in any proceeding under this Policy. Retaliation may include intimidation, threats, coercion, or discrimination including adverse employment or educational actions that would discourage a reasonable person from engaging in activity protected under this Policy.
    • The exercise of rights protected under the First Amendment does not constitute Retaliation. Pursuit of civil, criminal, or other legal action, internal or external to the University, does not constitute Retaliation.
    • Initiating disciplinary proceedings against an individual for making a materially false statement in bad faith in the course of a proceeding under the Policy does not constitute Retaliation under this Policy; however, a determination regarding responsibility, alone, is insufficient to conclude that any party made a materially false statement in bad faith.
  • Violation of Supportive Measures
    • Failure to comply with Supportive Measures as required is a separate violation of the Policy. Supportive measures are discussed in more detail in Section IX of the Policy.

Adaptable Resolution Steps

  • Step 1: Exploration:
    • Consultation: A comprehensive overview of the Adaptable Resolution Process provided by OSCR staff. Complainants are not required to file a formal complaint to participate in a consultation.
    • Formal Complaint: A document signed by the Complainant or Title IX Coordinator containing the allegations that a Respondent engaged in sexual and/or gender-based misconduct and requesting initiation of the University’s resolution processes. A formal complaint is required by federal regulation to proceed with either Investigative or Adaptable Resolution.
      • In order to proceed with Adaptable Resolution, a Complainant must be the initiating party.
    • Intake: An opportunity to share your concerns and perspective on what happened, share your desired outcomes, and discuss the next steps with OSCR staff. Complainants are required to file a formal complaint to participate in an intake.
  • Step 2: Agreement
    • Participation Agreement: A signed document signifying the formal beginning of the Adaptable Resolution process. Details include participation exceptions, preparation, purpose, and details about the finality of AR Completion. 
      • To view a sample participation agreement, please click here: [Sample]
  • Step 3: Facilitation
    • Facilitated Dialogue: A structured and facilitated conversation between the Complainant, the Respondent, and/or other community members. The focus is often on providing a space for voices to be heard and perspectives to be shared.
    • Restorative Circle or Conference Process: A facilitated interaction where the Complainant and other agreed-upon parties come together with the Respondent who assume responsibility for repairing the harm (to the extent possible). 
    • Restorative Shuttle Agreement: A negotiated agreement between the Complainant and the Respondent (and potentially other participants) to discuss perspectives and experiences, and explore interests while working towards meeting expressed needs. 
    • Community Supported Accountability Circle (CSA): A facilitated interaction between the Respondent and University faculty and/or staff designed to provide accountability, structured support, and the development of a learning plan.
  • Step 4: Completion
    • Resolution Agreement: A signed document signifying the formal end of the Adaptable Resolution process. Although resolution agreements are unique to the needs of the Complainant and Respondent, common elements may include education, contact agreement, program participation agreement, and expectations for agreement follow-through.

Philosophies & Practices

  • Restorative Processes: Create space for those who have experienced harm to explore, alongside a trained facilitator, a spectrum of pathways co-created to meet expressed needs. Through these restorative pathways, the Adaptable Resolution program seeks to work with students to develop ways to communicate and address harm by providing space for all to share what happened before, during, and after an incident, express how they feel about what happened, and work collaboratively toward desired outcomes. Rather than focusing on what policies have been broken, restorative processes aim to help people and communities be made whole.
  • Multipartiality: Different from neutrality, multipartiality seeks to support all sides equitably with attention to power dynamics; respecting and caring about everyone in the matter as human beings worthy of dignity.