User:JaimeLesMaths/StuMP

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Contents

[edit] Article I. Mission Statement

The mission of StuMP is to train a group of students on campus with the ability to be impartial mediators for disputes that arise between students. Specifically, they will deal with cases of student social concerns that all involved parties agree would be better settled by mediation than an Honor Council procedure. Such situations are often time-critical, and, due to the nature of the consensus process, Honor Council is simply unable to intercede immediately, when mediation intervention is most useful. When confrontation fails, students should be enabled to resolve their own problems with the aid of an impartial third party who is not empowered to impose his or her own resolution. In addition, StuMP may also be asked by JSAAPP or Honor Council to assist with mediated dialogues before or after a hearing or trial.

In keeping with this mission, StuMP will observe several principles.

[edit] A. Confidentiality

All matters mediated by StuMP will be held in strict confidence. Mediators should not discuss mediations that they have done with people other than other StuMP members, the parties involved, an executive officer of Honor Council or JSAAPP, or a member of the administration or Counseling and Psychological Services. Mediators should also remind all parties about what the Honor Code asks those involved in a confrontation to respect with regards to confidentiality.

[edit] B. Distance

Mediators should not take sides during mediations or impose their own judgements on situations. The goal is for the involved students to come to their own resolutions through a dialogue facilitated by the mediator. Mediators may help by suggesting ways to resolve the situation, but should not push for a specific resolution. StuMP members are mediators, not arbitrators, and products of StuMP mediations are non-binding. In addition, mediators should not mediate situations where they have a conflict of interest or a personal relationship with some, but not all, of the parties. (If comfortable, they may mediate situations where they know all parties equally well as long as no person objects.)

[edit] C. Fairness

Mediators should ensure that all parties truly wish to participate in the dialogue (i.e. are not being coerced or forced to participate) and that the ground rules set down for the mediation are fair to everyone and are enforced equally and fairly. Mediators should also recognize and refrain from mediating situations where they know they cannot be fair or unbiased.

[edit] D. Communication

StuMP members will communicate regularly and honestly with each other and with other appropriate parties in order to ensure that people who need to be aware of situations are made aware of them.

[edit] E. Recognition of Limits

StuMP members should recognize when a mediation is beyond their area of expertise, when mediation is not appropriate to handle the situation, or when further productive dialogue is not possible. They should also be aware that they will not be able to help resolve all disputes, but this fact should not dissuade them from trying. In addition, StuMP members should not engage with parties in speculation of what may happen if mediation fails and the matter is referred to Honor Council. (This interdiction corresponds with the responsibility of professional mediators to not engage in the unauthorized practice of law. However, StuMP members should be familiar with the principles of the Honor Code and may ask parties in a mediation to consider for themselves what the Code might say about their situation.)

[edit] F. Devotedness

StuMP members will perform their responsibilities to the best of their ability and will make their mediations a priority. In the spirit of "Recognition of Limits," mediators should not take on a mediation when they cannot devote their full attention to it for whatever reason.

[edit] G. Punctuality

Situations that may be mediated through StuMP are often time-sensitive. As such, certain deadlines are set out in this document to ensure that mediations take place in a timely, but not rushed, fashion. Mediators should endeavor to meet all such deadlines, with the exception that days where the College is not in session (e.g. Fall, Winter, Spring, and Summer breaks) do not count towards these deadlines. Also, in the spirit of "Recognition of Limits" and "Devotedness," StuMP may choose to extend this exception to Finals periods.

[edit] Article II. StuMP as a Body

[edit] A. Composition

  1. StuMP will be composed of as many members as StuMP feels necessary and feasible to handle mediations. However, there should always be at least six active mediators on campus.
  2. StuMP should strive for a diverse group of mediators in terms of class standing, sex, race, religion, gender/sexual orientation, socioeconomic status, and other factors. However, such factors should not be the sole reason for admitting someone to StuMP.
  3. At the end of each academic year, StuMP will appoint one or two experienced members to serve as coordinator(s) for the next academic year. The role of the coordinator(s) is to plan trainings, call for and run meetings, and handle any administrative aspects of StuMP.
  4. Appointments to StuMP are done by application to the Appointments Committee of Students' Council. Two current StuMP members (including at least one coordinator), one current member of Honor Council, and one current member of JSAAPP (either a Chair or class representative) will also be present for the interviews. Appointments to StuMP are lifetime appointments. The appointments will be done every year in the second semester before Spring Break.
  5. StuMP members begin to serve as soon as they are appointed. However, a newly appointed StuMP member will not be allowed to run mediations by him- or herself before undergoing training. He or she may, however, sit in on or co-mediate a mediation with an experienced StuMP member if all parties consent.

[edit] B. Trainings and Meetings

  1. The coordinator(s) will plan at least two formal mediation trainings with a professional mediation trainer every academic year. The first should be planned over the summer and be held in September to refresh everyone's memory of mediation techniques and procedures. The second should be planned for sometime after Spring Break (after appointments are made) and should serve as the more in-depth initial training for new members to StuMP. Every mediator is expected to attend the September training every year. First time mediators must attend the initial training second semester, and the other mediators are invited, but not required, to attend. If additional formal trainings are seen as necessary by the coordinator(s), or if the trainings need to be spread out over several days or weeks, the coordinator(s) may adjust the timing or attendance requirements of the trainings appropriately. All expenses of these formal trainings will be paid for by the Deans’ Office. In addition, at the discretion of StuMP, these formal trainings may be opened to the entire Haverford community.
  2. In addition, the coordinator(s) will also plan trainings throughout the year to raise awareness of issues relating to diversity, to help mediators understand the principles of the social Honor Code, and to address other issues that arise during mediations or other topics as requested by a mediator or mediators. The coordinator(s) should arrange for appropriate elected officials, members of the administration, or other experts or resources within the community to assist with these trainings.
  3. StuMP members are expected to attend all scheduled trainings and meetings unless there is an unavoidable conflict. The coordinator(s) should endeavor to schedule such gatherings for times when all StuMP members can attend.

[edit] C. Membership Status

  1. A mediator's membership on StuMP is automatically suspended during any period of time when he or she is serving on Honor Council. Once he or she is no longer serving on Honor Council, his or her membership on StuMP is automatically reinstated. When suspended, the member may not be asked to mediate any situations through StuMP.
  2. Members may resign from StuMP at any time. Members who resign are put on "permanent reserve" status. Such members will only be asked to perform a mediation if all other members of StuMP are unable to do so.
  3. A mediator should notify the StuMP coordinator(s) in a timely fashion as soon as he or she plans to resign, run for a position on Honor Council, or go on leave from Haverford so that appropriate numbers of mediators can be appointed for the next year.
  4. If a member of StuMP is found to have seriously mishandled his or her duties or responsibilities, that member may be permanently removed from StuMP by consensus of StuMP. Such an action should only be taken in situations of extreme misconduct or failure to live up to duties as a member of StuMP; other possible responses may include attending additional training sessions or other actions designed to repair the breach of trust between the member, the rest of StuMP, and/or the parties involved in a mediation. If the member wishes to appeal his or her removal from StuMP, he or she may request that Honor Council hear the case. In a confidential meeting, Honor Council will hear statements from the mediator, the StuMP coordinator(s), and any other parties involved. Honor Council will then meet alone and reach consensus on a final decision as to what action should be taken. While this process is occurring, the coordinator(s) may immediately suspend the mediator from StuMP until the situation has been resolved. In this case, the coordinator(s) shall assign another mediator to take over any ongoing mediations the suspended member is conducting.

[edit] Article III. General Responsibilities of StuMP

[edit] A. Meetings

StuMP will meet once a week in a closed and confidential meeting. The purpose of this meeting will be to discuss and debrief mediations that have happened in the past week or that may be still in progress. Community members may be invited to portions of a meeting that may concern them. If a community member wishes to address StuMP, he or she should contact a coordinator to be invited to a meeting. In addition, StuMP may schedule additional meetings before or during a mediation so that the mediator can discuss or brainstorm with the rest of StuMP strategies for the mediation.

[edit] B. Abstracts

In certain circumstances, StuMP will release abstracts of mediations to the community. After an abstract is released, StuMP will hold an abstract discussion open to the community. For more procedures regarding StuMP abstracts, please refer to Article VI, Section A.

[edit] C. Reports

StuMP shall issue a report at the end of each semester stating how many mediations they conducted, possibly broken down into some subcategories, at StuMP's discretion. To protect confidentiality, for the purpose of compiling this report, mediations that are still in process when this report is issued shall not be counted, but will be included in the next semester’s report. In addition, the report will include a list of issues or questions that StuMP feels the community should be aware of and/or help StuMP address. This report will also list and summarize any abstracts released in the previous semester.

[edit] D. Education

StuMP will work to educate the community about what StuMP does and the proper procedures to obtain a mediator. It will also help train HCOs so that they may properly instruct their first-years about the relationship between StuMP, Honor Council, and the Honor Code.

[edit] Article IV. Pre-Mediation Procedures

[edit] A. Referring Issues to StuMP

[edit] 1. Community Members

Community members may contact a member of StuMP to help them mediate a situation. StuMP will contact everyone else to be involved in the mediation and ask them if they consent to resolve the situation through a StuMP mediation. StuMP will also inform all parties of their rights, including the right to refuse mediation. In the event that even one person does not consent to the mediation, StuMP will inform all parties that they will not be able to mediate the situation.

[edit] 2. Honor Council

In some cases, a situation may be referred to Honor Council where Honor Council feels that the parties should try to resolve the situation through mediation first. In this case, Honor Council will ask all parties if they consent to a StuMP mediation. Without being coercive, they will also inform the parties that a refusal or failure to try mediation could result in Honor Council taking the matter to a trial. If all parties consent, Honor Council will inform StuMP of the situation so that they can expect to perform the mediation. If the mediation does not occur for any reason, StuMP should inform Honor Council.

[edit] 3. JSAAPP

Similarly to Honor Council, a matter may be referred to JSAAPP that is either a purely social issue (and, thus, not under JSAAPP’s jurisdiction) or that involves both a procedural violation of the Alcohol Policy and a social issue that needs to be resolved. In this case, JSAAPP may recommend to the involved parties that they contact StuMP to resolve the social issues involved in the confrontation. JSAAPP should inform StuMP that there may be a mediation, but the parties are under no obligation to schedule or attend a mediation. For informational purposes, StuMP should inform JSAAPP if the mediation does not occur.

[edit] B. Standard Pre-Mediation Process

  1. Before beginning the pre-mediation process, StuMP must ensure that all parties consent to the mediation. If StuMP needs to contact other parties to get this consent, they will do so within 24 hours of the referral; this contact should also serve to notify all parties of their rights, including the right to refuse mediation. StuMP will also ask all parties to prepare a brief statement outlining their point of view of the situation.
  2. Within 24 hours of confirming that all parties consent to the mediation, StuMP will either meet or communicate by group e-mail to review any statements received and decide (by consensus) if a StuMP mediation is appropriate to resolve the situation. If so, they will solicit volunteers to potentially lead the mediation (preferably at least three).
  3. Within 48 hours of confirming that all parties consent to the mediation, StuMP will communicate to the involved parties the names of the potential mediators. Each party involved has the right to reject one potential mediator. After receiving this feedback, StuMP will decide who will perform the mediation.
  4. The chosen mediator will contact the parties to schedule the mediation at their earliest possible convenience.
  5. In the event that StuMP is not able to contact one of the involved parties, they may not proceed with this process until they hear from that party. StuMP should keep all parties informed in regards to what stage of the pre-mediation process they are at. Similarly, if StuMP is unable to meet a proscribed time deadline for any reason, they should contact all parties and let them know that there has been a delay.
  6. If StuMP decides that it cannot or should not mediate the situation, does not receive a party’s consent to perform a mediation, or is otherwise unable to discharge its duties, StuMP should so inform all parties. They may also recommend other avenues to get a resolution to the situation. If this happens, they should also inform Honor Council what happened so that they are aware of a potential referral. In addition, StuMP should, at their next meeting, analyze what happened, discuss why the mediation could not take place, and brainstorm possible ways to fix the StuMP process so that similar problems do not occur again.

[edit] Article V. Mediation Procedures

[edit] A. Parties’ Rights

  1. Parties have the right to withdraw their consent to hold the mediation at any time.
  2. Parties have the right to call for a break in the mediation at any time, either to consult with a support person, take time to reflect on the mediation, or take care of a personal need. This right also allows a party or the mediator to halt the mediation for the day and schedule a later meeting to finish.
  3. Parties have the right to bring one non-involved student to the mediation as a support person. A support person may not present a statement at the mediation or have been a witness to the situation.
  4. Parties have the right to speak without interruption.
  5. Parties have the right to bring to the mediation relevant statements from witnesses. These statements may either provide corroboration to one person’s side of the story or discuss how the witness or party was impacted by the situation. They may not be used to shame or humiliate another party or present character evidence either for or against any party. The purpose of these statements is to allow people only tangentially involved in the situation to have their concerns heard without compromising the confidentiality of the mediation or complicating scheduling.
  6. Parties have the right to set ground rules for the mediation that may add to these rights.

[edit] B. Standard Mediation Procedure

  1. The mediation will begin by the mediator and parties agreeing on ground rules for the mediation.
  2. Next, each party will be given uninterrupted speaking time to explain his or her side of the story.
  3. Parties should try to speak to each other and not to the mediator. The mediator’s role is to recognize parties to speak, ask questions, repeat back what others have said, take notes, and guide the parties towards crafting a solution.
  4. After uninterrupted speaking time, the parties will continue discussing the situation and their desired resolutions. The mediator will guide the discussion using techniques covered in mediation training.
  5. Part of the mediation should consist of parties brainstorming potential resolutions to the issue. If the parties ask, the mediator may also make suggestions, but should not push for a certain resolution.
  6. When the parties agree upon a resolution to their problem, the mediation will adjourn.
  7. If the mediation reaches an impasse (by consent of all parties, possibly at the suggestion of the mediator), the mediator will adjourn the mediation. If any party wishes to have a binding resolution to the situation, he or she should contact Honor Council.
  8. StuMP mediators may also refer to the current Student Facilitation Panel procedures in the Constitution for additional guidance on mediation procedures.

[edit] Article VI. Post-Mediation Procedures

[edit] A. Abstracts and Reports

  1. Within one week of the conclusion of the mediation, the mediator will write a full report of the mediation. This report will be kept on file by StuMP and may only be shown to current StuMP members, Honor Council executive officers, JSAAPP Chairs, or members of the administration. If the report is shown to Honor Council, they may file a copy of the report with the Librarian.
  2. At their next meeting after the report is written, StuMP will discuss the report confidentially so that all mediators can learn from the situation.
  3. If all parties in the mediation consent, the mediator will write an abstract of the mediation based on the report and subsequent discussion. A draft of the abstract must be written within one week of the meeting where the discussion took place. StuMP members will review the abstract, and the mediator will revise it based on their feedback. A copy of the next draft will be shown to all involved parties for purposes of feedback. The mediator will revise the abstract again based on this feedback. Finally, StuMP will do a final edit and come to consensus on a final version of the abstract.
  4. If an abstract is written, StuMP may publish the abstract to the community and hold abstract discussions.
  5. StuMP abstracts may not be released earlier than six weeks after the end of the mediation. However, StuMP may delay the abstract as long as they see fit to help protect confidentiality. StuMP will notify all parties involved in a mediation at least one week prior to the abstract's release. This gives all parties a chance to change their minds about releasing an abstract or asking for a further delay.

[edit] B. Follow-ups

  1. Approximately one week after the mediation, the mediator will check with all parties to see if the proposed solution is working out and/or if another mediation meeting needs to be scheduled.
  2. If the initial referral to StuMP came through Honor Council or JSAAPP, StuMP will inform the appropriate executive officer(s) that the mediation occurred and what the result was. The notification should occur within two days after the end of the mediation, and the report should be forwarded to the appropriate people as soon as it is completed.
  3. StuMP should inform appropriate members of the administration of mediations and their results as they see fit.

[edit] Article VII. Amendments

StuMP may amend this document at any time by consensus. The changes will take effect upon notification to the community. However, StuMP should only use this authority if immediate changes are needed and should be prepared to justify this need to the community. The student body reserves the ultimate right to amend this document and any aspect of StuMP through Plenary.

[edit] Appendix A. Mediation Timeline Guide

Please note that not all mediations will have all of these steps; the purpose of this appendix is just to help StuMP keep track of important proscribed deadlines.

  1. Mediation is referred to StuMP
  2. Within 24 hours of referral, StuMP contacts all parties to confirm consent to mediation; inform parties of their rights, including the right to refuse mediation; and request brief statements to get a basic idea of the situation
  3. Within 24 hours after confirmation of consent to mediate, StuMP meets to determine eligibility for mediation, and members volunteer to mediate as able
  4. Within 48 hours after confirmation of consent to mediate, StuMP contacts parties with names of potential mediators
  5. StuMP decides on mediator; mediator contacts parties to schedule mediation
  6. Mediation occurs, possibly over more than one day
  7. Within two days after end of mediation, StuMP informs appropriate people (Honor Council, JSAAPP, or administration) that a mediation occurred
  8. Within one week after end of mediation, mediator writes report of mediation and sends it to appropriate people (not the parties)
  9. One week after end of mediation, mediator follows up with all parties to see how their resolution is working and ask if another meeting is needed
  10. StuMP discusses mediator's report at next meeting
  11. Within one week of meeting, mediator writes abstract of mediation based on report and StuMP discussion
  12. StuMP reviews 1st draft of abstract; mediator revises
  13. Parties review 2nd draft of abstract; mediator revises
  14. StuMP makes final edits on abstract and reaches consensus on it
  15. At least one week before scheduled abstract release, StuMP forwards final abstract to parties and informs them of impending release
  16. At least six weeks after mediation concludes, and with consent of all parties, StuMP releases abstract and holds abstract discussion(s)