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Abstract: 

Mediation continues to be a Title IX issue of contention. In April of 2005, the University of Virginia published newly revised sexual assault and sexual misconduct policies and procedures, and commentators trumpeted the new policies as a national model. Although that may prove to be true, I am reticent to jump to that conclusion prematurely. Let me state that I am very impressed with UVa’s efforts, and those who know me know that I do not praise policies frequently. But, I believe that in order for a policy to be considered a national model, it must be tested and proven over time. UVa is still testing its new policies and tentatively exploring how they will fit. The clothes look great on the rack, but now it is time to try them on. I expect that refinements and modifications will occur. Before you jump on the bandwagon, give it a little time. The test of a model is not just whether well-respected authorities endorse it, but how it withstands the rigors of application. That is why I am not going to write about UVa’s policy changes yet. It is premature, but I will likely visit this topic for you in the future. What I am going to write about today is something UVa did not change substantially its approach to mediation.

Keywords: University of Virginia; Department of Education’s Office for Civil Rights (OCR);

Affiliations:  1: Editor.