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Mediation

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Informal Procedures for Investigating and Resolving Reports of Student Violations of the Policy

Confidentiality of the Mediation Process

In order to promote honest, direct communication and a resolution through mediation, information disclosed in Mediation must remain confidential, except where disclosure may be required as set forth in this Policy, under law or as may be authorized by the Title IX Coordinator (or designee) in connection with responsibilities of the University.

Mediation Process

The mediation process will proceed as follows:

  1. Initiating Mediation: In cases where Mediation is appropriate, the Title IX Coordinator (or designee) will discuss with the Complainant and Responding Party whether or not they are willing to participate in Mediation. In addition, the mediation process can be initiated any time prior to the formal adjudication of the case. Both the Complainant and Responding Party must agree to the Mediation in writing.
  2. Assignment of a Mediator: Once the Complainant and Responding Party have agreed to Mediation in writing, the Title IX Coordinator (or designee) will appoint a trained and impartial mediator (the “Mediator”) who will mediate the case. The Mediator will be appointed within fourteen (14) calendar days of the agreement of the Complainant and Responding Party to participate in Mediation. The Mediator will contact the Complainant and Responding Party to set the date, time, and location of the mediation session(s).

Mediation Procedures

  1. Persons Participating: Typically, only the Mediator and the Complainant and Responding Party will be participants in the mediation session(s). The Complainant and Responding Party may have an advisor of their choice be present at the mediation session(s) and any related meetings. The advisor may not be an active participant in the mediation session(s). The University may remove or dismiss advisors who become disruptive or who do not abide by the restrictions on their participation. See definition of advisor for more information.
  2. Mediation Process: During the mediation process, the Mediator normally will: (1) ask the Complainant and Responding Party to give their versions of the incident, including both factual information and their feelings; (2) identify key issues; (3) seek the agreement of both the Complainant and Responding Party on the issues; (4) facilitate discussion; and (5) work with both the Complainant and Responding Party to develop a written document that will include a statement of agreement. No offers of apology or concessions are required to be made during the mediation.

Mediation Outcomes

  1. Mediation Resolution: Any statement of resolution by mediation will be incorporated into an agreement (the “Mediation Agreement”), to be signed by both the Complainant and Responding Party, the Mediator, and will be approved by the Title IX Coordinator (or designee) before it takes effect. Any activity or behavior, or prohibition thereof, to which either the Complainant or Responding Party has agreed in the mediation will be included in the Mediation Agreement. Since an individual’s entry into a Mediation Agreement is voluntary, there is no right to appeal by either the Complainant or Responding Party from the terms of the Mediation Agreement once it has been signed by the Complainant and Responding Party, the Mediator, and approved by the Title IX Coordinator (or designee). The approval of the Mediation Agreement by the Title IX Coordinator (or designee) constitutes a directive of the Title IX Coordinator requiring both the Complainant and Responding Party to fully comply with all the terms of the Mediation Agreement. The Mediation Agreement will be kept on file at the Office of the Associate Vice President for Student Affairs. If either the Complainant or Responding Party believes the terms of the Mediation Agreement have not been met by the other individual, they may contact the Title IX Coordinator, who will ask the Mediator or other designated person to investigate the allegation of noncompliance. The Title IX Coordinator (or designee) may take such action as deemed appropriate in response to the investigation of noncompliance with the Mediation Agreement, or at their sole discretion, the matter may be referred to an Investigator, followed by a hearing before a Board, if such further investigation and/or sanctions are warranted.
  2. Non-Resolution and Referral to Formal Adjudication: If either the Complainant or Responding Party is dissatisfied with the mediation process at any time prior to the signing of a Mediation Agreement, that party may request that the mediation process cease. In such a case, absent an express determination to the contrary by the Title IX Coordinator (whose discretion in such determination is exclusive and final), Formal Adjudication may only be pursued if the request is initiated within one (1) calendar year of the termination of the mediation process provided, however, that for good cause shown as determined in the sole discretion of the Title IX Coordinator, this period of time may be extended. In the event that Formal Adjudication occurs after some part of the mediation process has taken place but prior to any resolution at mediation, only the report form will be forwarded by the Title IX Coordinator (or designee) to the assigned Investigator.