The National Conference on Current Trends in
Conflict Resolution in Higher Education

Tuesday, November 11, 2003

Concurrent Session IV

Resolving Student Disciplinary Dispute Through Law School Clinical Mediation Programs: An Experiment with Practical Consequences

Workshop Presenters

    Homer C. La Rue, Professor of Law and Director of the Howard University School of Law ADR Clinical Program and Dr. Barbara Williams, Dean of the Office of the Dean of Special Students Services, will discuss the design, development, and evolution of the relationship between the Law School's ADR Clinic and the judicial hearing process with the Office of the Dean of Special Students Services. Professor La Rue and Dr. Williams will discuss both the theory behind the development of the mediation program as well as some of the challenges and risks associated with such a venture.  This workshop is designed for those who are seeking to design campus mediation programs involving student-mediators who help to resolve student/student disputes that may also involve the violation of university student codes of conduct, Professor La Rue and Dr. Williams will share their experiences at Howard University and invite participants in the workshop to come prepared to share their own thinking and experiences with similar ventures at their own colleges and universities.

Workshop Notes

• ADR Clinic

  • The office of the Dean for special student services deals with all student affairs

  • The Alternative dispute resolution Clinic program is a six-credit class open to students who meet the training requirements

• Scope of the Mediation Services

  • The pilot program in place currently allows students to choose mediation as a alternative to court room proceedings

  • The program deals with violations of Howard University’s school code

  • Dose not cover forgery, fraud, sexual assault or academic offenses

  • Students cannot bring teachers to dispute mediation

  • Teacher can bring students for mediation

• The Adjudicatory System and Mediation

  • The President of the University is the Ultimate Authority in adjudication

• The Mediation Process

  • First there must be a breach of prohibited behaviors (Violation of code)

  • The violated party files a complaint with ODSSS

  • When filing a complaint, it is received by both the Dean of ODSSS and the ADR clinic director

  • The complaint is filed and a letter is sent to the student accused requiring him or her to write their version of what transpired

  • All parties involved in the incident are required to do the same

• Possible issues for mediation

  • Cross complaints are common and permitted

  • The alternative to mediation would be an administrative hearing featuring a full judicial board including students, faculty and administrators

  • Guilty verdicts are very serious because it is reported on applications for graduate programs, job applications, licensing entities and BAR admission committees

  • No files kept on innocent Students

  • With proper authorization from the student involved the ODSSS file may be released

  • A mediation that has been elected or required still has the right to a hearing if the mediation does not settle the matter

  • If the matter is settled in mediation no negative files are kept by the ODSSS

  • ODSSS can order students to mediation after the commencement of a hearing

• Pre-Mediation process and procedures

  • A detailed explanation of the process will be issued to each student and they will be required to sign and return

• The Dispute Assessment Questionnaire

  • Asks students to describe the events that took place?

  • Asks students what they hope to accomplish from this mediation?

  • Asks student to identify the issues that are the most important to them?

  • Asks students how they feel this dispute can best be solved?

• Mediation

  • Student is sole Mediator

  • Clinic supervisor is present

  • Mediations last for periods of 60-90 minutes with an option for a second meeting

  • The student mediator records the agreement and a copy is issued to all of the parties

  • All parties are bound by the terms of this agreement 

• Confidentiality

  • All notes and Questionnaire shredded at the conclusion of the mediation

  • Confidentiality is required by all parties as stated in the pre-mediation agreement

• Future Program Status

  • The intent is to expand the program and refine it

  • Code Amendment will be made in 2 years

  • The program hopes to be able to handle 3-5 cases per week

For additional information concerning this program contact

Homer C. La Rue Professor of Law Howard University School of Law
ADR Clinic, Notre Dame Hall, 2900 Van Ness Street,
NW Washington, D.C., 20008
(202) 806-8259-ph.  (202) 806-8436-Fax
Email: hlarue@law.howard.edu

Dr. Barbara Williams, Dean, Office of the Dean for Special Student Services
Howard University, Howard Center, Suit 725,
2225 Georgia Ave., NW Washington, DC 20059
(202) 238-2420-Ph./Fax
Email: bwilliams@howard.edu

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