Title IX Informal Resolution: What It Is and When It Makes Sense

When a formal Title IX complaint is filed, most people assume the only path forward is a full investigation followed by a live hearing. That is not always the case. Title IX regulations allow institutions to offer informal resolution as an alternative to the formal grievance process, and in the right circumstances it can be a meaningful option for both complainants and respondents. Understanding what informal resolution involves, who can use it, and what its limitations are is important before agreeing to participate.

What Informal Resolution Is

Informal resolution is a structured alternative to the full formal grievance process. Rather than proceeding through an investigation, a written report, a live hearing, and a determination of responsibility, the parties work with a neutral facilitator to reach a mutually acceptable resolution. The facilitator does not make a finding of responsibility. Instead, the goal is to reach an agreement that addresses the complainant's concerns and resolves the matter without a formal adjudication.

Informal resolution can take several forms depending on the institution's policies and the nature of the matter. Common approaches include mediation, restorative practices, and negotiated agreements that may include apologies, no-contact agreements, changes to housing or course assignments, training or counseling requirements, or other remedies tailored to the specific situation.

When Informal Resolution Is Available

Under the Title IX regulations, informal resolution is available only after a formal complaint has been filed. It cannot be used before a complaint is filed as a way to resolve matters informally without triggering the institution's formal obligations. Both parties must voluntarily agree to participate. Neither the complainant nor the respondent can be required or pressured into informal resolution.

There is one important categorical limitation: informal resolution cannot be used to resolve allegations that a school employee sexually harassed a student. In that specific context, the formal grievance process is required regardless of what the parties might prefer.

Either party can withdraw from informal resolution at any time before a final agreement is reached and return to the formal grievance process. This is an important protection for both sides.

What Informal Resolution Requires

Before beginning informal resolution, the institution must provide both parties with written notice that explains the allegations, the informal resolution process, the right to withdraw and return to the formal process, the consequences of completing informal resolution, and the prohibition on using statements made during informal resolution as evidence if the matter returns to the formal process.

The facilitator must be someone without a conflict of interest or bias toward either party. Institutions are required to ensure the facilitator has appropriate training in the informal resolution process and trauma-informed approaches.

Advantages of Informal Resolution

For some parties in some situations, informal resolution offers real advantages over the formal process.

For complainants

Informal resolution can be faster and less traumatic than a full investigation and hearing. It gives complainants more control over the outcome and the ability to ask for remedies that a formal process cannot provide, such as a direct acknowledgment of harm or a personal apology. For complainants who want closure without the stress of a formal hearing, it can be a meaningful option.

For respondents

Informal resolution avoids a formal finding of responsibility and the potential long-term consequences that come with it. It can also be faster and less disruptive. For respondents who believe a negotiated resolution is achievable and want to avoid the risk of an adverse finding, it may be worth considering.

Risks and Limitations

Informal resolution is not the right choice in every situation, and agreeing to it without careful consideration can have significant consequences.

Finality

Once informal resolution is complete and a final agreement is signed, the matter is resolved. The complainant generally cannot reopen the formal process based on the same allegations. For a complainant who later feels the resolution was inadequate, that finality can be a serious limitation.

No formal finding

For a complainant who wants a formal determination that the respondent was responsible, informal resolution does not provide that. If a formal record of responsibility is important, the formal process is the appropriate path.

Power imbalances

In situations involving significant power imbalances, such as cases involving faculty members and students or supervisors and subordinates, informal resolution may not be appropriate even where it is technically available. The voluntary nature of the process can be undermined when one party feels pressure to agree.

Agreement terms

The terms of an informal resolution agreement can have lasting consequences. A respondent who agrees to a transfer, a no-contact order, or other conditions as part of a resolution should understand fully what those terms mean before signing. Having an advisor review any proposed agreement before it is finalized is important.

The Role of an Advisor in Informal Resolution

Both parties have the right to an advisor throughout the informal resolution process, just as in the formal process. Having an experienced advisor review the proposed terms of any agreement before it is finalized is one of the most important protections available to both complainants and respondents. An attorney advisor can evaluate whether the proposed resolution adequately addresses your interests and identify any terms that could have unintended consequences.

Learn more about our Title IX advising services for complainants and respondents, including representation during informal resolution proceedings.

The Bottom Line

Informal resolution is a legitimate option in the right circumstances, but it is not the right choice for everyone. Whether it makes sense depends on what you are trying to achieve, the nature of the allegations, the dynamics between the parties, and the specific terms being proposed. Before agreeing to participate, speak with an experienced Title IX advisor who can help you evaluate whether informal resolution serves your interests.