There will be circumstances where agreeing to mediation will be appropriate in a call of sexual misconduct case. It depends though. There's different ways of looking at it, a person may look at it as say, laying down to the allegations or acquiescing to the allegations, whether that's the case or not, it needs to be fully considered. How the case is ultimately resolved, or say finalized by the school may be the most important consideration, but there's other nuances yet.
Some schools under their sexual misconduct policies, if the case is resolved through mediation, if the complainant at some later time, is no longer satisfied with what seemingly would be the end result, they could reinstitute the original case against the person. That's a major consideration. It needs to be confirmed with the school exactly what mediation will both entail. What would be reflected on the person's record if anything, both their disciplinary record and academic transcript.
Also, potentially what could be subject to subpoena or disclosed if records are subpoenaed in either a civil or criminal proceeding related to the matter. There's so many considerations involved. There's no simple answer as to whether mediation would be appropriate or not. It depends on the given circumstances. It depends on the school involved and also the specific facts of the case. An experienced attorney advisor can help you to make the best-informed decision as to what would be most appropriate with respect to mediation or any matter regarding a sexual misconduct case.
