Grievances

The law school community is committed to facilitating quick and equitable resolution of conflicts between students, recognizing that unresolved conflicts tend to escalate, create distorted rumors throughout the community, and potentially poison the atmosphere. In response to such possibilities, the Dean created an ad hoc committee to recommend an informal grievance process.

The charge to the Ad Hoc Grievance Committee was as follows: to develop a process for the resolution of conflicts between students or student groups that do not rise to the level of disciplinary violations under the College of Law and University Codes of Student Conduct, or are not the types of disputes best resolved be an adversarial process. Ideally, the process should provide a forum in which a conflict may be aired and resolution achieved before the dispute escalates. The process should be perceived by the College of Law community as neutral and fair, should be time-limited, and should provide a default mechanism. The availability of this process should be permanently publicized throughout the community.

Conflicts anticipated as falling under this process may include, but are not limited to, instances of incivility, insensitivity, or other forms of offensive expressions that may be regarded as creating a hostile or unhealthy environment at the College of Law. Conflicts addressed may also include instances of perceived unfairness or inequity in the operation of student organizations.

The process generated by this proposal is intended to supplement and not displace that afforded by the existing Code of Student Conduct.

Accordingly, the presentation of any grievance which reasonably appears to the ombudsperson to involve prohibited conduct, encompassed by the relevant provisions of the Code of Student Conduct, shall be referred, upon consultation with the aggrieved party, to the Student Prosecutor for appropriate action.

The process generated by this proposal is also intended to be entirely voluntary. Students are not required to participate in the grievance process and may withdraw from participation in the process at any point prior to executing a final signed agreement. Furthermore, no student shall incur any penalty or prejudice for declining to participate in the process or from withdrawing from the process prior to executing a final signed agreement. The prohibition of any penalty or prejudice extends to any situation in which grievance is subsequently determined, after commencement of the process, to entail conduct which may be prohibited by the Code of Student Conduct. If such a situation arises, the grievance process shall cease and the matter will be referred, by the ombudsperson or the mediation panel, as the case may be, to the Student Prosecutor for appropriate action. In any proceeding under the Code of Student Conduct, following such referral, no consideration whatsoever shall be given to any conduct or statement of the accused student in the grievance process.

The proposed mechanism for informally resolving disputes within the College of Law includes a two-tiered structure comprised of an ombudsperson and a mediation panel. The goal of the process, in addition to resolving the particular dispute, is to facilitate a healing and improve the quality of life for all students in our community.

 2.1 Stage One: Ombudsperson

The ombudsperson will be a designated faculty member and a faculty member alternate. The ombudsperson is responsible for hearing the students’ concerns, investigating the causes of the dispute, contacting all relevant parties, clarifying the issues and facts, helping disputants identify desired and appropriate solutions, and, if necessary, mediating the dispute. The process may be opened to more students and may change from a mediation model to a forum or educational model (for example, teach-in, speak-out or other education-based models) if all parties agree.

2.2. Stage Two: Mediation

 The mediation panel will be comprised of three members: a faculty member and two students who have completed their first year of law study. The panel shall mediate any disputes which (1) remain unresolved subsequent to intervention by the ombudsperson and (2) are voluntary submitted by both parties to the dispute.

3.1. Ombudsperson

Service as an ombudsperson and alternate will constitute a committee assignment for the faculty members. Representatives from the Law Student Senate will present the names of three faculty members to serve in these positions to the Associate Dean for Faculty Development. The permanent and alternate ombudsperson will be selected from this list in consultation with the Associate Dean for Faculty Development. Each ombudsperson‘s term will be two years.

 3.2. Mediation Panel

Student members of the mediation panel will be chosen by student groups to serve staggered two-year terms. In the initial year, the mediation panel will be comprised of an ombudsperson, a second year student, and a third year student. In subsequent years, student positions on the panel will be filled by rotation of students whose terms begin after the completion of their first year of law study. Student members will serve two years. This method will provide continuity and freshness to the composition of the mediation panel. The faculty member of the mediation panel will be the ombudsperson who was not involved in the initial stage of the particular dispute.

3.3. Training

 All members of the grievance team — ombudsperson and mediation panelists — will complete an intensive training program in diversity and mediation skills. Training must be completed within the first three months of service in the grievance process positions. Training may include attendance at dispute resolution and diversity training programs at the University, as well as comparable classes and/or reading materials. Demonstrated prior training or equivalent experience in diversity and mediation skills may be accepted in lieu of new training sessions

4.1. Grievances

Grievances may be initiated by student groups who have disputes with other students or student organizations, or upon referral by others in the College of Law community (e.g., students, faculty, deans). A grievance may be presented orally or in writing. Students should approach the primary ombudsperson first; however, where there is a conflict of interest, in accordance with reasonable recusal standards, the alternate ombudsperson will take the primary role in resolving the dispute. Upon receipt of a grievance, the ombudsperson will notify all parties within two business days. As an informal dispute resolution mechanism all parties must be receptive to dispute resolution by the ombudsperson and consent to be bound by any signed agreement reached through the mediation process. In order to expedite resolution of the conflict, the ombudsperson will begin the dispute resolution process as soon as practicable after parties have been notified, and the conflict must be resolved or referred to mediation within one month after the ombudsperson’s notification to all parties. Conflict resolution with the ombudsperson will be conducted confidentially, unless the parties agree otherwise, and will not result in reports in students’ permanent files in any case.

4.2. Mediation

The mediation panel process shall commence upon receipt of (1) a written report by the ombudsperson, a copy of which shall be provided to the parties, containing pertinent factual background and statement of the issue or issues which remain unresolved and (2) a written notification by the parties, stating agreement to participate in mediation and to be bound by a signed agreement if one is reached. The parties may also submit a statement of the issue or issues submitted for mediation. Upon receipt of the written submissions, the panel shall, upon consultation with the parties, adopt a schedule of meetings with parties, alone or together, and a time frame for resolution of the dispute. The process will be conducted confidentially, unless the parties agree otherwise, and will not result in reports in students’ permanent files in any case. Upon conclusion of the process, in accordance with the time frame to which the parties had previously agreed, the mediation panel shall present a draft of the parties’ agreement to all parties reflecting the parties’ assent, containing the factual history of the dispute, and the agreed terms. The parties shall have one (1) week from service of the panel’s draft to request modification of the draft agreement. Thereafter, the panel‘s final draft of the agreement of the parties shall be provided to the parties for their signature, signifying agreement with the terms for resolution of the grievance contained therein. Each of the parties, together with the Office of the Dean, will be provided with a copy of the parties’ final agreement, which shall remain confidential unless there is a subsequent breach of the terms of the agreement.

5.1. Notice of the Completed Dispute

Notice of the completed dispute resolution will be prepared by the ombudsperson and posted in the Docket. This notice will not reveal the names or identities of involved parties. However, basic information will be provided in an effort to inform the community about the nature of the grievance that has been raised and resolved to discourage repetition of similar events. In the event that the matter is not resolved at the ombudsperson level within one month, it will be referred to the mediation panel.

5.2. Notice of Resolution

Notice of resolution of the dispute reached through the mediation process will be prepared by the mediation panel and posted in the Docket. The notice will preserve the confidentiality of the parties while alerting the community to the nature of the dispute and the terms of the parties’ agreement.

5.3. Subsequent Willful Breach

Any subsequent willful breach of the terms of any signed agreement reached by the parties shall be considered a violation of the College of Law Code of Student Conduct and may be treated accordingly. Prior to the institution and publication of any such proceeding, the matter shall be presented to the Office of the Dean which, in consultation with the ombudsperson or mediation panel, whichever was involved in facilitating the agreement, will determine whether the complaint states an actionable willful violation of the terms of the parties’ agreement.