The definition of roles and procedural steps are specific to the Adaptable Resolution process, which may not match the definitions of similar terms used throughout other sections of the Student Handbook.
Roles & Definitions
An individual who is alleged to be the victim of conduct that could constitute sexual misconduct, sexual harassment, or sexual harm. For the purposes of Adaptable Resolution, the Complainant is one who submits a Formal Complaint through the Title IX Office and voluntarily initiates the Adaptable Resolution process. Once Adaptable Resolution is initiated, this person is then referred to as the “Harm Reporter”.
Person(s) who are part of the university and/or local community. Community representatives may participate in an Adaptable Resolution Facilitated Process to share their perspectives and experiences, discuss community impact, and participate in the creation of the Written Agreement of Resolution. Community representatives will only participate in the Adaptable Resolution process if the Harm Reporter(s) and Harm Responder(s) request and agree to their participation.
Person(s), often a university faculty/staff member, who has been trained in Restorative Justice practices, particularly as they relate to sexual harm. The facilitator(s) conducts the Adaptable Resolution process. With the approval of the parties and at OSARP’s discretion, the facilitator(s) may include trained individuals who do not work at the university.
The person(s) who reports sexual harm they experienced and initiates the Adaptable Resolution process by filing a Formal Complaint with the Title IX Office.
The person(s) who responds to the sexual harm referred by the Harm Reporter. In the Adaptable Resolution process, the Harm Responder typically acknowledges the sexual harm, addresses needs, and fulfills agreed upon obligations.
When used throughout, "participants” refers to all persons actively involved in the Adaptable Resolution process.
When used throughout, “party/ies” refer to both the Harm Reporter and the Harm Responder.
An individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct, sexual harassment, or sexual harm. For the purposes of Adaptable Resolution, the Respondent is the individual who receives notice of a Formal Complaint through the Title IX Office and voluntarily agrees to participate in the Adaptable Resolution process. Once Adaptable Resolution is initiated, this person is then referred to as the “Harm Responder”.
A person who accompanies a participant in the Adaptable Resolution process to provide guidance and support. Support Persons should accompany their participant at meetings through the process; therefore, the facilitator(s) will not meet separately with Support Persons unless deemed necessary.
The Formal Complaint Investigation Process conducted by the Title IX Office and either the Sexual Misconduct Accountability Process or Title IX Sexual Harassment Adjudication Process, as applicable, through OSARP.
Adaptable Resolution Process Overview
In certain cases, OSARP offers Adaptable Resolution as an option to address harm of a sexual nature between parties. Adaptable Resolution is derived from Restorative Justice principles but may not entirely align with Restorative Justice procedures. Adaptable Resolution is designed to meet the needs of the individual who experienced sexual harm by working to prevent its recurrence and to remedy its effects while maintaining the safety of the overall campus community. Adaptable Resolution is a voluntary, structured, and intentional process that provides an opportunity for the parties involved to acknowledge the sexual harm that was created, recognize needs that may be associated with the sexual harm, and fulfill outcomes to address those needs.
To initiate an Adaptable Resolution process, a Complainant must file a Formal Complaint of the alleged behavior by the Respondent with the Title IX Office prompting written notice to both parties of the allegations. Prior to filing a Formal Complaint, a Complainant may request to meet with a staff member from the Title IX Office and an OSARP Adaptable Resolution facilitator for a Title IX Interest Meeting. During the meeting, the Complainant will learn about the Formal Complaint Investigation process and the Adaptable Resolution process. Once notified of formal and informal options available to address the alleged behavior, the Complainant may voluntarily elect to initiate the Adaptable Resolution process. Additionally, in order to utilize Adaptable Resolution to address sexual harm, participants must acknowledge that harm occurred and agree to the terms of the process. Adaptable Resolution is not available if the university deems there is a risk to safety, the requirements of the process cannot be met, and/or the needs of the participants, as identified, are outside the scope of Adaptable Resolution. All participants may withdraw their participation at any time up until a Written Agreement of Resolution is signed. Additionally, the university reserves the right to alter, suspend, or terminate the process at any time if it is deemed necessary to uphold the intent of the Adaptable Resolution process. The facilitator(s) will make reasonable efforts to communicate with all parties in the Adaptable Resolution process and may refer a case back to the Title IX Office after multiple failed attempts to communicate with a party. If an Adaptable Resolution process is terminated by the university, the Harm Reporter may pursue the Formal Complaint process and the investigation and adjudication for the allegations, as applicable.
Adaptable Resolution is separate and distinct from a formal investigation through the Title IX Office and the Title IX Sexual Harassment Adjudication Process or Sexual Misconduct Accountability Process, as applicable. Therefore, Adaptable Resolution does not constitute a full investigation and adjudication of alleged sexual misconduct or sexual harassment. Adaptable Resolution is considered an Informal Resolution under the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance final rule released by the U.S. Department of Education, 34 CFR Part 106, and as an Alternative Resolution under JMU Policy 1340 and JMU Policy 1346. Additionally, the university does not require participation in an Adaptable Resolution process as a condition of enrollment or continuing enrollment, employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of Formal Complaints of sexual misconduct or sexual harassment.
An Adaptable Resolution process generally will not result in a disciplinary record with the university, and at no point will the process result in a transcript notation. Adaptable Resolution may only result in a disciplinary record if a written agreement is reached and outcomes are not fulfilled, as outlined in the “Written Agreement of Resolution” section of the Handbook. Additionally, information shared during the Adaptable Resolution process will be kept confidential by OSARP staff, including the facilitator(s), except to the extent permitted or required by law. The facilitator(s) will not share narratives with the other party(ies) without verbal permission. The facilitator(s) will send a copy of the Written Agreement of Resolution (if an agreement is reached) to the Title IX Office at the end of the Adaptable Resolution process. The facilitator(s) may be required to report specific information provided during Adaptable Resolution meetings to other accountability processes, JMU department(s), or law enforcement, including but not limited to: sexual harm, harassment or discrimination based on a protected class, hazing, harm or threat of harm to self or others, or other behavior that is against the mission of the institution.
If there is information shared regarding the personal consumption of drugs or alcohol by student participants in the Adaptable Resolution process, OSARP will not initiate the Individual Accountability Process and pursue an alleged violation(s) of these policies. The facilitator(s) will not participate as a witness or share information gained during the Adaptable Resolution process for use in the Formal Complaint Investigation process and adjudication, should it occur. Records kept throughout the Adaptable Resolution process may be disclosed in response to a subpoena or court order. Records kept in an Adaptable Resolution case file will include any forms signed by participants in the process; signing forms in the Adaptable Resolution process does not indicate an admission of responsibility for a policy violation. Additionally, records created through Adaptable Resolution will be destroyed after eight academic years from when the Adaptable Resolution process is finalized in OSARP.
Exploratory Meeting(s), Intake Meeting(s), Preparation Meetings, and/or Facilitated Process(es) within the Adaptable Resolution process will not be audio and/or video recorded. Participants are not permitted to make their own recordings.
The Title IX Office and OSARP will keep a record of persons who participate in an Adaptable Resolution process. If the Title IX Office receives a new allegation regarding a Harm Responder who has previously completed Adaptable Resolution, the Harm Responder’s eligibility for subsequent Adaptable Resolution processes will be determined by the university on a case-by-case basis.
OSARP uses Restorative Practices to address incidents of harm not of a sexual nature through the Restorative Practices process. For more information on this process, see the "Restorative Practices" section of the Handbook.
Features of Adaptable Resolution
The following are features of the Adaptable Resolution process.
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Prior to the Adaptable Resolution process, the university will provide parties with written notice of the allegations, requirements of Adaptable Resolution, and any records that may result from participating in Adaptable Resolution.
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Requirements of Adaptable Resolution include a party’s ability to withdraw from the Adaptable Resolution process to resume the Formal Complaint Investigation process and adjudication, if applicable, for the alleged behavior up until a Written Agreement of Resolution is signed.
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Adaptable Resolution records include information kept in an Adaptable Resolution case file, as described in the Handbook. Records may be disclosed in response to a subpoena or court order.
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In order to proceed with Adaptable Resolution, all parties must provide voluntary, written consent.
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Adaptable Resolution processes require multiple meetings, and the entire process typically lasts anywhere between several weeks to several months depending on the needs of the participants involved.
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Parties in the Adaptable Resolution process may bring one Support Person with them to any meeting provided the Support Person is able to attend.
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Generally, Support Persons do not speak on behalf of a party during the Adaptable Resolution process. Generally, parties will share their perspective of the incident themselves.
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Support Persons should not negatively influence the Adaptable Resolution process. A negative influence may include, but is not limited to, engaging combatively in the process.
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The facilitator(s) may prevent the participation of a Support Person if they determine that the Support Person may negatively influence the Adaptable Resolution process based on demonstrated actions in previous Intake or Preparation Meetings. The facilitator(s) may also remove a Support Person during the Facilitated Process who violates the expectations set forth in the Rules of Decorum.
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Parties may request reasonable safety accommodations be put in place such as teleconferencing or police presence. Any requests for reasonable safety accommodations should be shared with the facilitator(s).
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Participants are expected to show a good faith effort throughout the Adaptable Resolution process.
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Parties should attend scheduled meetings.
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These meetings include, but are not limited to, Exploratory Meeting(s), Intake Meeting(s), Preparation Meeting(s), and Facilitated Processes.
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Adaptable Resolution is not offered in circumstances in which a student alleges sexual misconduct or sexual harassment by an employee of the university.
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Participants may also be made aware of information on the academic, mental health, personal well-being, and campus resources available to students at James Madison University, please visit: https://www.jmu.edu/osarp/resources/index.shtml.
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Procedures
Adaptable Resolution will generally follow the procedures below. The facilitator(s), in consultation with the Director of OSARP or designee, reserve the right to alter the Adaptable Resolution procedure to uphold the intent of the Adaptable Resolution process.
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Prior to filing a Formal Complaint, a Complainant may request to meet with a staff member from the Title IX Office and an OSARP Adaptable Resolution facilitator for a Title IX Interest Meeting. During the Title IX Interest Meeting, the Complainant will learn about the Formal Complaint Investigation process and the Adaptable Resolution process. A Title IX Interest Meeting may take the place of an Exploratory Meeting, or, after a Title IX Interest Meeting, an Exploratory Meeting(s) may be scheduled to discuss the Adaptable Resolution process further.
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To initiate the Adaptable Resolution process, the Complainant must file a Formal Complaint through the Title IX Office regarding harm they experienced and voluntarily decide to pursue the Adaptable Resolution process. Once the facilitator(s) receives the referral from the Title IX Office, the facilitator(s) will meet with the Complainant and Respondent(s) separately to explain the Adaptable Resolution process. This meeting is called the Exploratory Meeting. A staff member from the Title IX Office may also be present at the Exploratory Meeting(s) to answer questions related to processes and resources. Attending an Exploratory Meeting(s) does not require the Complainant or the Respondent to participate in the Adaptable Resolution process.
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During an Exploratory Meeting(s), the facilitator(s) will:
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Explain the roles, features, available processes, and potential outcomes of an Adaptable Resolution process
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Gauge participant interest in the process
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Discuss communication preferences
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Answer questions
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If the Respondent is not interested in participating in the process, the facilitator(s) will consult the Complainant to share options available to them. This could result in the Complainant deciding to pursue the Formal Complaint Investigation and Adjudication process, as applicable, and/or other options.
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If both parties decide to continue with Adaptable Resolution, the facilitator(s) will determine if the case is appropriate to continue with the Adaptable Resolution process. If the case is determined to be appropriate, the process will continue to Intake Meetings. The terms of the parties then change from “Complainant” to “Harm Reporter” and from “Respondent” to “Harm Responder,” respectively.
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The Intake Meeting(s) is a time for the facilitator(s) to meet with the Harm Reporter and Harm Responder separately to hear their perspectives, discuss their goals for the process, and share relevant information regarding the process.
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The facilitator(s) may request to meet with other individuals identified by the parties as potential participants in the process. The facilitator(s) reserves the ability to deny a recommended individual’s participation in the process if it is determined they could negatively influence the process, which may include, but is not limited to, engaging combatively in the process.
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The facilitator(s) may also recommend individuals whose participation may be helpful to the Adaptable Resolution process. If the facilitator(s) suggests adding a participant, the parties must agree on the individual’s participation for them to be included in the process.
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It is common for multiple Intake Meetings to be needed before moving to the Preparation Meeting(s).
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During the Intake Meeting(s), the facilitator(s) will ask questions such as:
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What happened from your perspective?
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How have you been impacted?
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Who else has been impacted?
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What needs to be done to make things as right as possible?
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The facilitator(s) will also discuss facilitated process options and work with each party to select an appropriate option which is agreeable to all parties.
The Preparation Meeting(s) is the last meeting(s) that occurs before moving to the Facilitated Process. The Preparation Meeting(s) is a time for the facilitator(s) to prepare each party for the Facilitated Process and assess their readiness to participate. The parties will have separate Preparation Meeting(s).
During the Preparation Meeting(s), the facilitator(s) will:
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Review questions that will be asked during the Facilitated Process
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Ask each party to consider what they would like to share with the other party/parties during the Facilitated Process
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Review potential voluntary obligation and outcome options
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Ask each party to consider which voluntary obligations and outcomes they would like to include in the Written Agreement of Resolution
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Discuss logistics, including but not limited to, safety accommodations, seating arrangements, and arrival/departure times
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Answer questions about the Facilitated Process
Facilitated Processes
Please refer to the Adaptable Resolution Rules of Decorum for more information on participation in Adaptable Resolution.
The Adaptable Resolution process includes several facilitated options to discuss the impact of the behavior, address the sexual harm caused, identify needs, and develop obligations. Participants are encouraged to be open and honest about their perspectives during facilitated processes. The wishes of the Harm Reporter, the context of the incident, and the needs of those involved will be taken into consideration when determining an appropriate facilitated process. For one of the following processes to be pursued, all participants and the facilitator(s), must agree to the selected process. There may be circumstances in which it is appropriate to combine different facilitated process options. While not an exhaustive list, the most common facilitated process options are below.
Shuttle Process
A Shuttle Process consists of separate, alternating, facilitated meetings between the facilitator(s) and each party (and potentially other participants) to discuss perspectives to identify harm experienced, meet needs, and develop obligations. In a Shuttle Process, participants interact with one another indirectly through the facilitator(s) and do not meet face-to-face for a facilitated conversation unless desired and agreed upon by the parties. A Shuttle Process can include letter and/or video exchanges which involves each party crafting an impact letter or video with the assistance of the facilitator(s). If this option is chosen, the facilitator(s) passes the letters and/or videos in between the parties. The other party may respond to the letter or video provided.
Conference
A Conference is a semi-structured, facilitated, meeting, or a series of meetings, with two primarily involved parties. Conference participants usually include the facilitator(s), Harm Reporter(s), Harm Responder(s), and Support Persons, if applicable. During a Conference, the facilitator(s) guides the parties by asking questions such as: "What happened from your perspective?", "How have you been impacted?", "What are your needs?" and "What can be done to make things as right as possible?" The Harm Responder(s) can accept accountability, and both parties are encouraged to share solutions for addressing the impacts, harm, and needs. Conferences can take place in person or virtually, depending on the needs of the parties.
Circle Process
A Circle Process is a semi-structured, facilitated, face-to-face, meeting, or a series of meetings, with a larger participant size (more than four individuals). Circle participants usually include the facilitator(s), Harm Reporter(s), Harm Responder(s), Support Persons, and Community Representatives. Participants sit in a Circle and take turns using a talking piece to share their perspectives regarding the harm that took place. Individual and community impacts, needs, and obligations are also discussed. The Harm Responder(s)has the opportunity to acknowledge the harm caused and all participants (excluding the Support Persons) are encouraged to share solutions to address the impacts, harms, and needs.
Written Agreement of Resolution
After perspectives, impacts, harms, and needs are shared during the Shuttle Process, Conference, or Circle Process, mutually agreed upon and actionable outcomes and obligations are developed into a Written Agreement of Resolution to meet the needs associated with the sexual harm.
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The process of creating outcomes is collaborative. All participants are encouraged to share and contribute to the outcomes in a Written Agreement.
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To repair the stated harms and needs, as agreed upon by all parties, the Written Agreement will include outcomes for the Harm Responder(s) to complete and may also include action items for the Harm Reporter(s).
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Resolutions created and agreed upon will be developed into a Written Agreement. For a Written Agreement to take effect, it must be signed by the parties and the facilitator(s). After the Written Agreement is signed, the agreed upon outcomes become obligations that the party(ies) are expected to complete.
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Once a Written Agreement is signed, the agreement takes effect and the Harm Reporter may not pursue the Formal Complaint Investigation and Adjudication process, as applicable, for this specific incident.
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At their discretion, and depending upon the circumstances of a case, OSARP may pursue an alleged policy violation(s) for Failure to Comply with an Outcome if the obligation(s) and outcome(s) listed in a written agreement are not met by the Harm Responder.
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If OSARP pursues an alleged policy violation(s) for Failure to Comply with an Outcome for not fulfilling the obligations specified in the Written Agreement, the Written Agreement and other related information will be shared in the Individual Accountability Process as evidence that the obligations were not met.
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If found responsible for violating the Failure to Comply with an Outcome policy through the Individual Accountability Process, the Harm Responder is considered to have a disciplinary record, and their case file(s) is retained in accordance with the procedures outlined in the “Records - Students” of the Student Handbook.
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If no agreement of outcomes is reached, the Harm Reporter may pursue the Formal Complaint Investigation and Adjudication process, as applicable.
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The Title IX Office will be informed of the agreed upon outcome(s) of the Adaptable Resolution process.
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Obligations and outcomes are voluntary agreements and intended to facilitate restoration to the greatest extent possible. Potential obligation and outcome options may include, but are not limited to:
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Alcohol and/or drug education program(s)
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Apology letter
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Community service
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Meeting(s) with a specific individual
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"Moving Forward" educational program
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No contact agreement
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Other university program(s)
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Reflection paper
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Restitution
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Restriction from participation in specific events
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Restriction from participation in specific organizations
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"The Mentor Experience" educational program
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"Values in Action" educational program
Rules of Decorum
This information outlines the expectations for all participants in the OSARP Adaptable Resolution Process. This includes the Harm Reporter, Harm Responder, Support Person(s), Community Representative(s), and other participants, as appropriate. Additional expectations are provided for Support Persons given their role in supporting a party.
The Adaptable Resolution process may be stressful and emotional at times for the students and participants involved. As such, all participants must agree to the terms of the process and adhere to the following expectations, outlined within the JMU Student Handbook at www.jmu.edu/handbook. If a participant refuses to agree to the following expectations, they may not be permitted to participate in the process.
Terms of Adaptable Resolution
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Participation in Adaptable Resolution is voluntary. All participants may withdraw their participation at any time until a Written Agreement of Resolution is signed.
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The facilitator(s) may be required to report specific information provided during the Adaptable Resolution process, aside from the behavior included in the Formal Complaint, to other accountability processes, JMU department(s), or law enforcement, including but not limited to: sexual harm, harassment or discrimination based on a protected class, hazing, harm or threat of harm to self or others, or other behavior that is against the mission of the institution. If there is information shared regarding the personal consumption of drugs or alcohol by student participants, OSARP will not initiate the Individual Accountability Process and pursue alleged violations of these policies.
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The case will be referred back to the Title IX Office if a party withdraws from the process, the process is terminated, or no Written Agreement of Resolution is reached.
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Parties may request that reasonable safety accommodations be put in place such as virtual meetings or police presence. Any requests for reasonable safety accommodations should be shared with the facilitator(s). The facilitator(s), in consultation with the Director of OSARP or designee, will determine whether the requested accommodations are reasonable and will be put into place.
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Resolutions that are created and agreed upon will be developed into a Written Agreement of Resolution. Written agreements must be signed by the parties and the facilitator(s). Once a Written Agreement of Resolution is signed, the Harm Reporter may not pursue the formal complaint process and adjudication, as applicable, for this specific incident. The facilitator(s) will send a copy of the Written Agreement of Resolution to the Title IX Office at the end of the Adaptable Resolution process.
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By signing a Written Agreement of Resolution, parties agree that the terms of the resolution appropriately address the conduct.
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At their discretion, and depending upon the circumstances of a case, OSARP may pursue an alleged policy violation(s) for Failure to Comply with an Outcome in the Individual Accountability Process if the obligation(s) and outcome(s) listed in a Written Agreement of Resolution are not met by the Harm Responder.
Facilitated Process Expectations
Participants in the Adaptable Resolution process must:
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Listen respectfully to the individual speaking without interruption.
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Avoid speaking over other participants.
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Use respectful language that is not demeaning, derogatory, or disrespectful.
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Avoid raising their voices.
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Remain seated in their predetermined locations.
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Refrain from making distracting or offensive gestures (e.g., rolling eyes, throwing arms in the air, etc.) or audible reactions (e.g., scoffing, speaking under their breath, etc.).
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For questions about the Rules of Decorum, a participant should request a break.
Expectations for Support Persons (if applicable)
Participants may bring one Support Person of their choosing to any meeting, including any facilitated process(es). The facilitator(s) may prevent the participation of a Support Person if they determine the Support Person may negatively influence the Adaptable Resolution process based on demonstrated actions in previous meetings or interactions with OSARP. The University does not provide a Support Person for those participating in Adaptable Resolution. It is the participant’s responsibility to determine a Support Person and coordinate their participation.
Additionally, a Support Person may:
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Not engage combatively in the process.
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Not communicate for or speak on behalf of the participant. Harm Reporters and Harm Responders must present information themselves.
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Consult with the party on how to present their statements or information by whispering, providing notes, or taking notes as long as it does not disrupt the flow of the Adaptable Resolution facilitated process.
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Provide support by taking breaks with or requesting breaks on behalf of the party they are accompanying.
Expectations for Community Representatives (if applicable)
Community representatives will only participate in the Adaptable Resolution process if the Harm Reporter(s) and Harm Responder(s) request and agree to their participation.
Additionally, a Community Representative may:
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Not engage combatively in the process
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Share their personal experiences, perspectives, and reflections
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Contribute to the creation of the Written Agreement of Resolution
Violation of Expectations
Determination regarding a participant’s violation of one of these expectations lies with the facilitator(s). If a participant violates an expectation of the Rules of Decorum, the facilitator(s) will issue a verbal warning, identifying the expectation violated and how it was violated.
Should a participant continue to violate these expectations, the facilitator(s) will immediately call for a break. During the break, the facilitator(s) will address the behavior directly. If the participant refuses to comply with the facilitator(s) warning or causes additional problems, the facilitator(s) may decide to take one or more of the following actions:
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Remove the participant from the Adaptable Resolution Facilitated Process.
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End the Adaptable Resolution Facilitated Process and potentially reconvene at a later date, at the discretion of the Director of OSARP or designee, if the removed participant is the Harm Reporter or the Harm Responder.
