Explanation of University Resolution Options

The University uses two processes to resolve reports of Prohibited Conduct: Adaptable Resolution, which includes informal or restorative options for resolving reports, and Investigative Resolution, which involves an investigation, adjudication, and, if appropriate, the imposition of sanctions.In cases where neither Adaptable or Investigative Resolution processes are pursued, the report could still be addressed through an Educational Response. The Equity Office will determine the appropriate resolution process after making an initial assessment of the reported information and after considering the stated interest of the complainant, campus safety, and the University’s obligation to maintain an environment free from harassment and discrimination.

The Equity Office will do an initial assessment (described in more detail in the policies), and then decide whether to: 1) initiate an investigation; 2) proceed with Adaptable Resolution; 3) if the reported conduct is deemed to be outside the scope of the policies, refer the matter to another appropriate office or department for resolution under the relevant policy; or 4) close the report with the option to re-open it at another time. The University will not offer or facilitate an Adaptable Resolution process to resolve allegations that an employee engaged in Prohibited Conduct under the SIM Policy against a student.

Adaptable Resolution

This process is a voluntary and remedies-based resolution method designed to eliminate the Prohibited Conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the parties while still maintaining the safety of the campus community. Participation in Adaptable Resolution is voluntary and either party can request to end Adaptable Resolution at any time prior to signing a resolution agreement. The University will not compel a party to engage in mediation, or to participate in any particular form of Adaptable Resolution.

Adaptable Resolution does not include an investigation or adjudication by the University under the Investigative Resolution process outlined in these policies, but may involve the respondent’s agreement to appropriate and reasonable remedies, including supported direct conversation or interaction with the complainant, education, training, and/or other remedies agreed to by the parties. Adaptable Resolution may include one or more of the following approaches: a Restorative Justice Conference or Circle, Mediation, Facilitated Conversation, and Shuttle Communication.

Investigative Resolution

This process is utilized to determine if Baylor’s policy was violated, and if so, assign sanctions. Parties will be given the opportunity to meet with an investigator and share their perspective of what occurred and to provide evidence and/or witnesses they would like the investigator to speak to. Each party will have the option to have an advisor present at any meetings related to the investigation. The investigator will interview relevant witnesses and gather documentary evidence. Once the investigator has gathered all available information, he or she will write a report to summarize the information. Both parties are provided the opportunity to review and respond to the report. Then, in accordance with the relevant policy, a determination regarding responsibility will be made and, if appropriate, sanctions or disciplinary action rendered. Appeal opportunities are also available under each policy. Throughout this process and even after it has concluded, parties can seek support and resources through the Equity Office for academic and personal needs.

Educational Response

In cases that do not proceed with Adaptable or Investigative Resolution, an educational response could include notifying the respondent of the alleged misconduct. The level of detail shared will be at the discretion of the Equity Office. In these instances, the respondent will not be required to make a statement or accept/deny responsibility for the alleged conduct.