Policies
Welcome to Farmingdale State College’s Policy Library. This library is the official repository for all institutional policies and procedures and is intended to be a resource for faculty, staff and students seeking information related to the policies that govern the institution. This library does not contain department-specific policies and procedures. Please contact the department for specific departmental policies and procedures.
Please direct all questions regarding policy content to the Responsible Office listed on the respective policy.
If you wish to propose or amend an institutional policy, please review the Policy for Developing Institutional Policies and complete the Policy Proposal Form.
For assistance with drafting and amending policies, please refer to the Policy Writing Guidance and/or contact the Risk and Compliance Office at 934-420-5365.
Informal Resolution Policy
Persons Affected
Faculty, Staff, Students, Third-Parties
Policy Statement
What is the purpose of this Policy?
On May 19, 2020, the U.S. Department of Education issued a Final Rule governing the Title IX grievance process, effective August 14, 2020. The Final Rule requires that all colleges and universities hold a live hearing before making any determination regarding responsibility for covered reports of Title IX sexual harassment, including sexual violence. This hearing must provide for live cross-examination by the parties’ advisors.
However, under § 106.45(b)(9) of the Final Rule, colleges and universities may offer and facilitate informal resolution processes, as long as each party voluntarily agrees to the process through an informed, written consent. This option is a change from long-standing Departmental guidance discouraging the use of informal procedures to address sexual harassment and prohibiting the use of mediation to address sexual assault. In the Preamble to the Final Rule, the Department states that it views informal resolutions as a way to resolve sexual harassment allegations in a less adversarial manner than the investigation and adjudication procedures that comprise the § 106.45 grievance process.
No college or university is required to adopt an informal procedure for addressing Title IX- covered sexual assault, nor is there any obligation to create or put in place such a policy by the August 14, 2020 implementation date. Institutions should use caution in pursuing an informal resolution process to ensure that facilitators have significant training in the chosen methodology.
This Policy, in turn, provides guidance regarding the contents of a Title IX-compliant process and the types of informal resolution procedures you may consider adopting.
Elements of an Informal Resolution Process Procedures for Entering and Exiting Informal Resolution Process
Parties who do not wish to proceed with an investigation and live hearing, and instead seek Farmingdale State College’s assistance to resolve allegations of Title IX-covered misconduct, may elect to enter the informal resolution process. Generally speaking, these resolution options are less time intensive than an investigation and live hearing, while still affording students an opportunity to actively participate in a process led by Farmingdale State College for resolution of their complaints.
The Parties may elect to enter Farmingdale State College’s informal resolution process at any time after the filing of the Formal Complaint through an informed written consent. This informed written consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.
No Party may be required to participate in informal resolution, and Farmingdale State College may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.
The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a Party elects to leave the informal resolution process, the formal resolution process recommences. In participating in the informal resolution process, the Parties understand that the timeframe governing the formal process temporarily cease, and only recommence upon reentry into the formal process.
Determination to Approve Entry into Informal Resolution Process
Even where the Parties agree to submit a matter to informal resolution, a Title IX Coordinator may approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.
Factors that a Title IX Coordinator may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the respondent is a repeat offender, and whether the Parties are participating in good faith. This determination is not subject to appeal.
Informal resolution is only permitted to address allegations of student-on-student sexual harassment, and is never allowed as an option to resolve allegations that an employee sexually harassed a student. See, 85 Fed. Reg. 30026, 30054 (May 19, 2020).
At any time after the commencement of the informal resolution process, a Title IX Coordinator may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the formal process. This determination is not subject to appeal.
Role of the Facilitator
Informal resolution processes are managed by facilitators, who may not have a conflict of interest or bias in favor of or against complainants or respondents generally or regarding the specific Parties in the matter. A Title IX Coordinator may serve as the facilitator, subject to these restrictions.
All facilitators must have training in the definition of sexual harassment under 34 C.F.R. § 106.30(a), the scope of the institution’s education program or activity, how to conduct informal resolution processes, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, or bias.
Confidentiality:
In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Formal Complaint is confidential while the parties are participating in the informal resolution process. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. Should the Parties withdraw from the informal resolution process, information disclosed or obtained for purposes of the informal resolution process may be incorporated into the formal investigation and live hearing, provided that this information is disclosed and reviewed by the Parties under the investigatory and hearing procedures described in the Title IX Grievance Process.
Informal Resolution Options
Farmingdale State College offers the following informal resolution procedures for addressing Formal Complaints of sexual harassment covered under this Policy:
Administrative Resolution
Should the Parties mutually determine to enter the informal resolution process, and the respondent elects to accept responsibility for the allegations of the Formal Complaint at any point during the informal resolution process, the institution may administratively resolve the Formal Complaint.
Where the respondent admits responsibility, the Parties will receive simultaneous written notification of the acceptance of responsibility, and {a decision-maker(s)} will convene to determine the respondent’s sanction and other remedies, as appropriate and consistent with institutional policy. The Parties will be given an opportunity to be heard at the sanctions hearing, including but not limited to the submission of impact statements, and the Parties may be accompanied by their Advisor, but questioning of Parties or witnesses will not be permitted. The Parties will receive simultaneous written notification of the decision regarding sanctions and remedies, which may be appealed according to the process described within Farmingdale State College’s Policy for Addressing Formal Complaints of Sexual Harassment.
Mediation
The purpose of mediation is for the parties who are in conflict to identify the implications of a student’s actions and, with the assistance of a trained facilitator, identify points of agreement and appropriate remedies to address them. Either party can request mediation to seek resolution; mediation will be used only with the consent of both parties, who will be asked not to contact one another during the process. The Office of Dean of Students for cases involving students or the Office of Human Resources for cases involving employees will also review any request for mediation, and may decline to mediate based on the facts and circumstances of the particular case. Either party has the right to terminate the mediation process and choose or resume another option for resolution at any time.
The mediation process will typically commence within 10 days after the Office of Dean of Students for cases involving students or the Office of Human Resources for cases involving employees, receives consent to mediate from both parties, and will continue until concluded or terminated by either party or the Office of Diversity, Equity, and Inclusion. During mediation, any potential investigation will halt, and calculations for time frames will be stayed. If the mediation results in a resolution, the disciplinary process will be concluded and the matter will be closed. If a resolution cannot be reached, the matter will be referred to a Title IX Coordinator to re-evaluate other options for resolution, including investigation.
During mediation, a facilitator will guide a discussion between the parties. In circumstances where the parties do not wish to meet face to face, either party can request “caucus” mediation, and the facilitator will conduct separate meetings. Whether or not the parties agree to meet face to face, each party will be permitted to bring an advisor of their choice to any meetings who may be, but is not required to be, an attorney.
At the conclusion of the mediation, the facilitator will memorialize the agreement that was reached between the parties. The Office of Dean of Students for cases involving students or the Office of Human Resources for cases involving employees will monitor adherence to the proposed solution and close the matter when compliance is satisfactory.
Restorative Justice
A restorative justice (“RJ”) Conference is a dialogue, facilitated by an Office of Dean of Students or the Office of Human Resources staff member, intended to restore relationships and repair harm after a conflict has occurred. Both the responsible party and the individuals affected by the conflict come together to identify what harm was caused and, collaboratively, determine how conflict and trust might be, respectively, resolved and repaired.
A Party may request to engage in RJ at any stage of the disciplinary process, however, restorative justice may not be an appropriate mechanism for all conflicts. To qualify for RJ, the student accused of wrongdoing must accept responsibility and express remorse for the harm that was caused. The harmed party must also be willing to accept an apology offered by the student accused of wrongdoing. Additionally, all involved parties must agree to and abide by measurable and timely actions within the scope of this Policy and directives. The Office of Dean of Students for cases involving students or the Office of Human Resources for cases involving employees will review any request for RJ, and may decline to initiate RJ based on the facts and circumstances of the particular case.
The RJ Conference proceeds only if all parties agree to participate willingly. Upon doing so, the RJ process typically commences within 10 days after the Office of Dean of Students or the Office of Human Resources receives written agreements from all involved parties. The conference will continue until the conference is successfully concluded or until the Office of Dean of Students or the Office of Human Resources determines that the conference will not be successful. If successful, an agreeable resolution is reached by all involved parties, at which time the process is concluded, and the matter is resolved. If a resolution cannot be reached, the matter will be referred to a Title IX Coordinator to re-evaluate other options for resolution.
The Office of Dean of Students or the Office of Human Resources will monitor the parties’ adherence to their proposed solution and reserves the right to close the matter when compliance is satisfactory.
Responsible Office
Human Resources
Dean of Students
Policy History
Effective Date: August 14, 2020
Policies
Categories
- Academic Integrity Policy
- Amnesty Policy
- Aviation Flight Center Safety Policy
- Campus Policy For Preferred First Name
- Campus Policy for Animals Care and Use for Research
- Campus Policy for Assignment of Credit Hours
- Campus Policy for Credit‐By‐Evaluation
- Campus Policy for Transfer Credit
- Captioned Media Policy
- Faculty Compensation and Load Credit for Credit‐Bearing Internships
- General Education Requirements
- Grade Grievance Procedure
- Guidelines for Academic Standing for Matriculated Undergraduate Students
- Plagiarism Detection and the Family Education Rights and Privacy Act (FERPA)
- Planning & Conducting Distance Learning
- Policies for Academic Standing for Non-Matriculated Students
- Policy and Procedure Guide For Faculty Led Study Abroad Programs
- Policy for Recording Classroom Instruction
- Research Integrity Policy
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- Student Attendance Policy
- Syllabus-Guide
- Writing-Intensive Requirement
- Bottled Water Policy
- Child Protection Policy
- Farmingdale State College's Payment Card Policy
- Food and Beverage Policy
- Fraud and Irregularities Policy
- Mandatory Reporting and Prevention of Child Sexual Abuse
- Payment Collection and Cash Handling Policy
- Policy for Developing Institutional Policies
- Records Retention and Management Policy
- Use of Facilities by Third Parties for Free Speech
- Acceptable Use Policy for Computer Facilities
- Additional Sick Leave Request Guidelines(a.k.a. Presidential Sick Leave)
- Affirmative Action Search Waivers Policy
- Also Receives Policy
- Alternate Work Arrangements Policy
- Alternate Work Location Policy
- Background Investigation Policy
- Chosen Identity Policy
- Civility and Bullying Policy
- Discrimination and Sexual Harassment Complaint Policy & Procedure
- Discrimination and Sexual Harassment Complaint Procedure for Title IX Sex Discrimnation and Sex-Based Harassment
- Domestic Violence and the Workplace Policy
- Drug and Alcohol Free Workplace Policy
- Extra Service Processing Procedure
- Farmingdale State College Consensual Relationship Policy
- Gender-Based Violence and the Workplace Policy
- Informal Resolution Policy
- Internal Promotion Policy
- Mandatory Reporting and Prevention of Child Sexual Abuse
- Nepotism Policy
- New Position Justification
- Part Time Recruiting and Hiring Policy
- Reasonable Accomodations for State Employees
- Reimbursement of Moving Expenses Policy
- Religious Accomodations Policy
- Sexual Harassment Response and Prevention Policy Statement
- Telecommuting Policy
- Tobacco Use Policy
- Volunteer Policy
- Workplace Violence Prevention Policy
- Acceptable Use Policy for Computer Facilities
- Banner Security Policy
- College Email Policy
- Copyright Guidelines
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- Farmingdale Information Security Policy
- Farmingdale State College Privacy Policy
- GDPR Privacy Notice
- Guidelines for the use of Digital Material
- Retiree Email Policy
- Wired or Wireless Network Policy
- Chosen Identity Policy
- Discrimination and Sexual Harassment Complaint Procedure for Title IX Sex Discrimnation and Sex-Based Harassment
- Farmingdale State College Consensual Relationship Policy
- Farmingdale State College Student Alcohol Policy
- Grievance Procedure for Sex-Based Harassment Complaints for Students (including NYS 129B requirements)
- Informal Resolution Policy
- Involuntary Leave of Absence Policy
- Personal Transportation Device Policy
- Policy and Procedures on Students Rights and Assembly
- Refund Policy
- Request and Grievance Policy for Student Disability Related Accommodations
- Sexual Harassment Response and Prevention Policy Statement
- Student Immunization Policy