Multiple resolution options are available, and participation is voluntary. Some resolution options may be requested by a party or initiated by ECRT, while others cannot be initiated by ECRT without a request by a party. Ultimately, ECRT is responsible for determining the appropriate response to an allegation of protected class discrimination, harassment, or sexual or gender-based misconduct.
ECRT’s ability to take action may be limited if information is not available (such as the identity of the respondent) or a complainant does not participate.
Educational/Informational Conversations
ECRT can, individually or in partnership with supervisors or other campus partners, conduct educational/informational conversations with individuals about whom concerns have been raised. This involves notifying the individual about the concerns, as well as providing education or information about the applicable university policies and expectations related to the reported concerns. An educational/informational conversation is not disciplinary in nature and does not involve a determination that the conduct occurred as alleged. Informational Conversations are intended to make an individual aware that ECRT has received concerns about their alleged conduct, as well as to stop and prevent recurrence of any inappropriate behavior that may have occurred.
Educational/informational conversations can be requested and are appropriate when the reported conduct does not constitute a potential policy violation, but is inappropriate and may, if it were to recur or persist, arise to the level of a policy violation. They may also be initiated by ECRT in situations where a complainant chooses not to seek other action or the information available to ECRT about the concerns is limited.
Adaptable Resolution
Adaptable Resolution is a voluntary, non-disciplinary, conflict resolution process that is centered on repairing harm. Adaptable Resolution is private and is facilitated by the adaptable resolution and restorative practices lead. Adaptable Resolution must be requested, agreed to by both parties, and approved by ECRT.
Mediation Services
Mediation is an informal but structured process available to employees to resolve a misunderstanding or conflict.
Grievance Process
When an employee has concerns about discriminatory or harassing conduct related to their employment relationship with the university, and is seeking a specific remedy, a representative of ECRT can participate in the non-bargained-for grievance process to ensure the concerns about discriminatory or harassing conduct are reviewed.
Investigative Resolution
Investigative resolution is an impartial process that may be requested by a complainant or initiated by ECRT. Its purpose is to gather facts to determine whether the evidence supports a finding of a policy violation. The process involves interviews of parties and others who may have relevant information (witnesses), and in some cases, involves a live hearing conducted remotely. If it is determined that a policy violation (or other inappropriate behavior by an employee) occurred, the case may be referred to the appropriate unit for disciplinary/corrective action.
No Action Requested
In some instances, a complainant may elect not to engage with ECRT, or may consider information about resolution options and determine that they do not wish for ECRT to take action in response to the concerns. Supportive measures and other resources may still be available, regardless of an individual’s decision whether to engage in a resolution process. In these instances, ECRT will consider this request in light of the available information and determine whether it is appropriate to honor the request.
ECRT seeks to honor the requests of a complainant to the greatest extent appropriate, however, there are circumstances (for example, allegations that a university employee has engaged in sexual harassment of another member of the university community) in which ECRT must take additional action, even if the complainant chooses not to participate in that action. Depending on the nature of the concerns and the amount of information available, this may include, for example, an educational conversation with an individual(s), a prevention education measure offered to a particular unit or group, efforts by ECRT to obtain additional information or assess whether additional concerns exist involving a particular unit or individual, or in rare circumstances, an investigative resolution.