Filed Under: Informal Resolution
Can a postsecondary institution decide not to go forward with a hearing on a formal complaint of sexual harassment if the complainant and respondent both knowingly and voluntarily waive the right to a hearing?
Yes, but only if the provisions governing informal resolutions are followed. The Title IX regulations provide that under certain conditions, a recipient can facilitate, and the parties may engage in, informal resolution of the formal complaint of sexual harassment. When the recipient and the parties opt to resolve a formal complaint through informal resolution, a hearing is not required (nor is the recipient obligated to continue its investigation into the allegations). To comply with the Title IX regulations concerning informal resolutions, the parties must receive the written notice, voluntarily decide to attempt an informal resolution process, and have the right to withdraw from the informal process and resume the formal grievance process, pursuant to 34 C.F.R. § 106.45(b)(9).