Conflict Mediation

Philosophy

Saint Michael’s College realizes that on occasion situations arise where an individual needs to examine and think through the student’s options regarding a misunderstanding, a hurt (physical or emotional), or a violation of existing campus policy. Conflict Mediation has been established by the College to provide an invitational option for students who initially may not be sure whether to pursue formal judicial action.

Informal Resolution and Mediation Procedures

A person electing to explore conflict mediation should speak with one of the Conflict Mediators. These trained mediators will objectively provide the complainant with complete information regarding the various options available for addressing and resolving an issue, i.e., informal and formal in-house procedures, and options beyond the College. A list of mediators is available in the Student Life Office.

Conflict mediation would not be utilized in cases involving allegations of sexual harassment/misconduct, domestic violence, dating violence or stalking. Please refer to the Sexual Harassment/Misconduct, Domestic Violence, Dating Violence and Stalking Policy for further information about formal and informal resolution options available in that context.

If the person chooses to try to resolve the matter on an informal basis, the Conflict Mediator will facilitate this process by helping the complainant to deal directly with the matter him/herself (such as by writing a letter to the alleged offender in order to set limits, etc.) or when appropriate, by providing mediation. The Conflict Mediator’s role as a mediator will be to resolve the complaint if possible. The mediator will handle complaints independently and will generally follow certain procedures, which usually include:

• Speaking with the complainant and the individual accused to determine the nature of the incident and the context in which it occurred, and mediating and resolving the complaint informally, if possible.

• Informing the parties of the formal grievance procedures available when no resolution is forthcoming or if either party is dissatisfied with the progress of the mediation.

• Keeping confidential all information gathered during the investigation and all processes of the mediation and resolution to the extent reasonably possible within legal parameters.

Formal Grievance Procedures

To initiate a formal action, a student must notify the Student Life Office, the Vice President of Academic Affairs Office, or the Office of Human Resources (depending on whether the alleged offender is a student, a faculty member, or a staff member/administrator, respectively) and provide a written statement setting forth the nature and details of the complaint. This written complaint needs to be filed within 15 days after contact with one of the above offices. The alleged offender will be notified by the College Officer of the complaints against him/her within 3 days of receipt of the complaint.

Upon receipt of a formal student complaint against another student, the Dean of Students or designee will initiate an investigation (including fact-finding), offer formal mediation or if appropriate convene a Judicial Review Board, (see Saint Michael’s College Judicial System). If the matter is referred to a Judicial Review Board, the procedures outlined in the Judicial Review Board section of this policy will apply.

If a student wishes to file a complaint with the College’s accreditor, the New England Commission of Higher Education or with the Vermont Attorney General’s Office, the contact information for each entity is, respectively, as follows:

The Vermont AOE's statement regarding complain resolution for postsecondary education is available here.