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 Disciplinary Resolution, which involves an investigation, determination on responsibility, 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.

As detailed in the Policy, Baylor’s resolution procedures for cases that fall within the scope of the Policy:

provide the Complainant and Respondent with the same opportunities to be accompanied to any related meeting or proceeding by an advisor of their choice;
will be conducted within reasonably prompt time frames designated by Baylor’s policy, including a process that allows for the extension of time frames for good cause with written notice to the Complainant and the Respondent of the delay and the reason for the delay;
are conducted in a manner that is consistent with Baylor’s policies and transparent to the Complainant and Respondent;
include timely notice of meetings at which the complainant and/or respondent will be requested or required to be present;
are conducted by officials who do not have a conflict of interest or bias for or against the Complainant or the Respondent.

Adaptable Resolution

This process is a voluntary and remedies-based resolution option 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. The University will not compel a party to engage 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 the Policy, 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 remedies agreed to by the parties.

Investigative Resolution

Investigative Resolution involves an investigation, adjudication, and, if appropriate, the imposition of sanctions. When the Equity Office determines a Complaint warrants further investigation or it is appropriate for the Investigative Resolution process to proceed, the Equity Office will appoint one or more trained investigators to conduct a prompt, thorough, fair, and impartial investigation, all to the extent reasonable and practicable. The investigator(s) will be impartial and free from conflict of interest or bias.

During the investigation, except as otherwise described in the Policy, the participating Complainant and Respondent have equal rights to receive a written notice of investigation; to participate in the investigation; to review and present information and evidence, including Witnesses; to timely and equal access to information that will be used in disciplinary proceedings; and to timely notice of meetings at which their presence will be requested or required.

The University will provide to each a participating Party, and the Party’s advisor, if any, the Preliminary Report and evidence subject to review. A Preliminary Report will include the allegation(s), factual summaries, and other appropriate elements as determined by the Equity Office. Each Party will have an opportunity to respond to the report and evidence prior to conclusion of the investigation.

When deemed appropriate by the investigator, the investigator will prepare a final investigative report, which will include a determination as to whether there is sufficient information, by a preponderance of the evidence (that is, more likely than not), to support a finding of responsibility for a violation of the Policy. Complainants will not be given access to the final report. In cases where the Respondent is a student, the Equity Office may consult with University administrators in making a determination regarding sanctions and remedies. The appropriate University administrators will execute the sanctions and remedies in accordance with University policies. This will be included in the final report.

In cases where the Respondent is a University employee, the sanctions will be determined by: the Provost’s Office; or supervisory chain with guidance from the Provost’s Office and/or Human Resources; or by another appropriate body or administrator, in accordance with the University policies and procedures.

A student or employee Respondent found to have committed misconduct may appeal the finding of responsibility. Student Respondents may also appeal the sanction(s) imposed.

through the Equity Office’s appeal process Employee appeals for sanctions should be made through appropriate University processes based on the disciplinary authority: HR for staff and the Provost’s Office for faculty The grounds for appeal of a finding of responsibility are:

that the finding was arbitrary or capricious;
that there was a material procedural error that substantially impacted the outcome of the hearing, or
there is new evidence that was not reasonably available and that could substantially impact the outcome A student Respondent.

A student Respondent may also appeal the sanction(s) if they believe the sanction(s) imposed are not appropriate for the violation. If the respondent appeals the sanction(s) imposed, the appellate decision maker will then review the information provided in the appeal and other information as determined at the decision maker’s discretion and decide to: a) let the sanctions stand; b) modify the sanctions or impose different sanctions; or c) suspend the sanctions.

Educational Response

This option could include notifying the Respondent of the alleged misconduct. The level of detail shared will be at the discretion of the Associate VP for Equity. In these instances, the Respondent will not be required to make a statement or accept/deny responsibility for the alleged conduct.