Exploring the Pros and Cons of Title IX Informal Resolution Process
Title IX, the federal law that prohibits sex discrimination in educational institutions, requires schools to have procedures in place to respond to incidents of sexual harassment or assault. One option for resolving complaints is the informal resolution process, which allows parties to work with a facilitator to negotiate a resolution without a formal investigation. While some see this process as a way to avoid the trauma and retraumatization of a formal investigation, others are concerned about its potential for overlooking serious misconduct. In this article, we will explore the pros and cons of the Title IX informal resolution process.
Pros of the Title IX informal resolution process
1. It can be less traumatic for survivors. For many survivors of sexual harassment or assault, the thought of a formal investigation can be daunting. The informal resolution process can offer a less intimidating option to address the situation, without the formality of an investigation. The process allows the parties involved to work with a facilitator to negotiate a resolution that is agreeable to both, potentially avoiding the need for a formal investigation.
2. It can provide a quicker resolution. Formal investigations can often take months or even years to conclude, leaving parties in limbo during that time. The informal resolution process can result in a more timely resolution, which can allow parties to move on and focus on their education.
3. It can be more flexible. Unlike formal investigations, which have strict rules and procedures, the informal resolution process can be more flexible in its approach. This can allow for more creative solutions and can better address the needs of the parties involved.
Cons of the Title IX informal resolution process
1. It can be less effective in addressing serious misconduct. Because the informal resolution process relies on negotiation and agreement between the parties involved, it may not be effective in addressing serious or systemic misconduct. This can leave survivors vulnerable to ongoing abuse, and can also allow perpetrators to avoid accountability for their actions.
2. It can be biased towards the accused. Because the informal resolution process relies on negotiation, it may give greater power to the accused, who may be more skilled in negotiation tactics. This can result in outcomes that are more lenient towards the accused than a formal investigation might produce.
3. It can be unclear or inconsistent in its outcomes. Because the informal resolution process is not subject to the same rules and procedures as a formal investigation, its outcomes can be unpredictable and can vary from case to case. This can make it difficult for survivors and accused individuals alike to understand what to expect from the process.
Conclusion
While the Title IX informal resolution process offers some benefits for survivors of sexual harassment or assault, including a less traumatic and more flexible approach, it also has significant drawbacks. The process may be less effective in addressing serious or systemic misconduct, and can be biased towards the accused. Furthermore, its outcomes can be unpredictable and inconsistent. Schools must carefully weigh the pros and cons of this approach when developing their Title IX policies and procedures, and survivors should be aware of their rights and options when reporting incidents of sexual harassment or assault.
