JAMS Solutions for Higher Education

Providing Formal and Informal Resolution to Title IX Programs

Instances of sexual misconduct and harassment continue to occur and draw attention to campuses across the United States. The number of these matters is increasing, and can pose grave consequences to the parties involved.

It is also true that Title IX raises serious concerns for school leadership. Many colleges, universities, and teaching hospitals have been subject to unwelcome headlines and the associated consequences—including lawsuits and investigations by the Office for Civil Rights at the U.S. Department of Education—stemming from their handling of sexual misconduct and harassment on campus. A considered approach incorporating JAMS addresses the concerns and interests of both the parties and the institutions.

JAMS can assist Title IX programs with formal resolution, informal resolution or both.

Formal Resolution

Incorporating JAMS in a school’s Title IX policies and procedures makes sense for several important reasons:

• It assures stakeholders that outcomes will be reached fairly. This can also insulate the rendered decisions and sanctions—and the institutions and their programs—from scrutiny by participants and third parties alike.
• Complainants who allege sexual misconduct and harassment are more likely to come forward when they perceive the processes as fair and impartial.
• Hearings run more smoothly and predictably, as JAMS hearing officers and decision-makers—either former judges or attorneys—are:
• experienced at conducting formal proceedings, including those where legal counsel are involved;
• skilled at applying applicable law, facts and appropriate standards of evidence and proof in reasoned decisions; and
• trained in Title IX issues through a comprehensive, mandatory and ongoing training curriculum administered by the JAMS Institute.
• Hearing panels consisting of internal resources are instead able to focus on their primary educational purposes (e.g., scholarship, research, study and administration).

Title IX “Live Hearing” Requirement – JAMS Hearing Officers and Decision-Makers

Current federal regulations require decision-makers in an administrative disciplinary Title IX hearing to be free from conflicts of interest or bias for or against complainants or respondents.  JAMS external hearing officers satisfy this requirement for Title IX departments and help to foster trust in an institution’s policies and procedures.  JAMS is acutely aware of how hearings should be conducted: sensitively, transparently and by those most experienced in this unique realm. The use of JAMS hearing officers and decision-makers ensures objective procedural fairness and provides assurances to stakeholders and third parties that decisions are reached independently and fairly.

Several crucial but perhaps overlooked benefits that a professional hearing officer or decision-maker can add to Title IX programs include the following:

• Due process: Assurances are made to the parties that they have been heard and that credibility and relevance determinations are competently addressed throughout cross-examination and all other stages of the proceeding.
• Respect: The parties are treated with dignity by a hearing officer with experience in containing contentious proceedings, resulting in a process that is thoughtfully administered.
• Legitimacy: Professional hearing officers have years of experience handling emotionally charged and complicated disputes.

Appellate Review

Many schools’ rules and procedures allow for appellate review of Title IX determinations. Neutral JAMS professionals are adept at reviewing the record of what transpired and then issuing their decisions.

Informal Resolution

Facilitation and Mediation

Under current Department of Education regulations, schools have the option of resolving certain Title IX matters through facilitation and mediation. Traditionally, this has been available to address potential policy violations that were not considered violent in nature, though the current guidelines allow schools to propose facilitation and mediation if the following conditions are met: a formal complaint is filed; both parties give voluntary, informed, written consent; and is not a student and employee matter. The underlying feature of this process is a managed session with both parties (per school policy) to understand if a policy violation occurred and determine whether sanctions should be issued.

JAMS resolves thousands of cases per year through mediation—many of them intense, exceedingly emotional and often traumatic. Professional mediators know how to conduct these cases in order to avoid further harm and disruption to the parties.  

Prevent, Address and Resolve Disputes Among Faculty and Administration

Higher education is affected by similar issues that affect non-academic institutions, including those that could broadly be described as human resources related. Nevertheless, the context of these issues is indeed unique within colleges and universities.

Members of JAMS senior leadership and many of our neutral experts have insight into the challenges facing higher education as a result of their experience as professors, adjunct professors and trustees, as well as having worked as adjudicators and investigators. This group of JAMS professionals offers the services listed below to colleges and universities.

Systems Design Services

In the face of unprecedented challenges in higher education, it is time to revisit traditional approaches to managing conflicts on campus. Learn how your institution can develop and implement dispute prevention and resolution mechanisms to meet the complex needs of the present and future academic environment. We offer half-day or full-day options:

• Why and how to conduct a systems design review
• Informal resolution options
• Unique considerations in the campus environment.
• How to equip your campus with a thriving culture that promotes resolution at the earliest possible
• Skill-building: Translate the lessons from the morning into practical skills. Learn how to hold more productive meetings, manage campus-wide situations, de-escalate tensions and build a positive culture.

In addition to these programs, JAMS also works closely with our clients to create customized systems design review programs that equip institutions of higher learning with the tools to reimagine and implement dispute resolution structures that work within their cultural and procedural framework.

Through a consultative process, JAMS works with school administration (either directly or in combination with other consulting entities) to devise frameworks to address, resolve and prevent disputes among faculty and between faculty and administration, including, but not limited to, the following:

• Tenure and promotion;
• Personnel and human resources issues, including harassment and other prohibited actions; and
• Stakeholder engagement, deal making and dispute resolution.

Facilitation

Professional JAMS facilitators are used ad hoc to resolve disputes informally before they escalate into lengthy and costly proceedings. JAMS panelists are accomplished professionals who have dedicated their careers to resolving disputes. Confidence in school processes is reinforced because JAMS facilitators are neutral and unaffiliated with a respective college or university.

Neutral Ombuds

Many colleges and universities are unable to employ full-time ombuds, which are used by many large organizations to address employment issues through productive, informal methods. A dedicated, on-call JAMS facilitator (or team) establishes a working knowledge of the school, faculty and administration, and can be called upon to resolve disputes as they arise and before they escalate. Familiarity with the institution builds the neutral’s credibility among disputants, which fosters trust, which in turn can lead to early resolution.

Discrimination and other Prohibited Conduct 

JAMS helps higher education institutions resolve disputes involving discrimination and other prohibited conduct within higher education consistent with an institution’s policies and procedures under the requirements of the law, to include Title VII, ADA and the like. 

Independent Investigation and Neutral Fact Finding

JAMS has an earned reputation for neutrality, fairness and transparency, and is thus retained by school leadership to conduct investigations into alleged discriminatory practices, systemic harassment and other issues. Following an investigation into a purported incident and the school’s policies, procedures and mechanisms for responding to the same, a report is issued that includes findings and suggestions to correct the problems. JAMS can conduct such investigations autonomously or by leading a team of other organizations, which adds objectivity and legitimacy to the process.

Mediation and Facilitation Training and Services

A comprehensive array of half-day or full-day training options are available from JAMS to meet the training needs and obligations of higher education. Our primary areas of expertise are in the realms of negotiation, mediation, arbitration, systems design and decision making, with subspecialties in psychology, economics and law. Specific offerings include the following:

• Spectrum of Dispute Resolution: Learn about tools and options available to prevent and resolve conflict and how to use negotiation, mediation, conciliation, arbitration and other processes.
• Negotiation-Facilitation-Mediation Connection: Explore concepts of principled negotiation and opportunities to apply these concepts through facilitation and mediation.
• Programmatic/Institutional Facilitation and Mediation: Review one selected mediation model.
• Putting Skills to Work (Interactive): Apply the appropriate resolution tools and techniques for a given situation; i.e., how to avoid unnecessarily escalating a dispute or undervaluing an important conflict.

In addition to these and other programs, JAMS also works closely with our clients to create customized onsite facilitation services that precisely match their needs.

Contact a Higher Education Solutions Professional Today