Mediation is an informal, voluntary process that allows the reporting party and responding party involved in an alleged complaint of discrimination or harassment to discuss their respective understandings of the incident with each other through the assistance of a trained mediator. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Mediation is only offered as an option if both the reporting party and responding party are students at SXU. If either student is less than 18 years of age, the University may require that the minor student's parent consent in writing to the student's participation in the mediation. Mediation is not appropriate for certain cases, such as alleged sexual assaults, even on a voluntary basis.
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 Dean of Students (or designee) in connection with responsibilities of the University.
Mediation Process
The mediation process will proceed as follows:
- Initiating Mediation: In cases where Mediation is appropriate, the Dean of Students (or designee) will discuss with the reporting party 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 reporting party and responding party must agree to the Mediation in writing.
- Assignment of a Mediator: Once the reporting party and responding party have agreed to Mediation in writing, the Dean of Students (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 reporting party and responding party to participate in Mediation. The Mediator will contact the reporting party and responding party to set the date, time, and location of the mediation session(s).
Mediation Procedures
Typically, only the Mediator and the reporting party and responding party will be participants in the mediation session(s). However, others may be included as necessary at the discretion of the Mediator. The reporting party 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.
Mediation Process
During the mediation process, the Mediator normally will: ask the reporting party 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 reporting party and responding party on the issues; (4) facilitate discussion; and (5) work with both the reporting party and responding party to develop a written document that will include a statement of agreement. The Mediator will not draft the document. The agreement information will be provided to the hearing officer, who will prepare the final agreement for signature by both parties. No offers of apology or concessions are required to be made during the mediation.
Mediation Outcomes
Mediation Resolution: Any statement of resolution by mediation will be incorporated into an agreement (the "Mediation Agreement"), to be signed by both the reporting party and responding party, and will be approved by the Dean of Students (or designee) before it takes effect. Any activity or behavior, or prohibition thereof, to which either the reporting party 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 reporting party or responding party from the terms of the Mediation Agreement once it has been signed by the reporting party and responding party, and approved by the Dean of Students (or designee). The approval of the Mediation Agreement constitutes a directive of the Dean of Students requiring both the reporting party and responding party to fully comply with all the terms of the Mediation Agreement. The Mediation Agreement will be kept on record with the corresponding case file in Maxient, the student conduct database. If either the reporting party or responding party believes the terms of the Mediation Agreement have not been met by the other individual, they may contact the hearing coordinator, who will ask the Mediator or other designated person to investigate the allegation of noncompliance. The Dean of Students (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.
Non-Resolution and Referral to Formal Adjudication: If either the reporting party 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 Dean of Students (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 complaint form will be forwarded by the Dean of Students (or designee) to the assigned Investigator.
