Dispute Resolution Policy
- Marilyn Harris
It is Eastern Mennonite University’s policy to maintain a Dispute Resolution policy for all faculty and staff members regarding certain issues of employment. This Dispute Resolution philosophy allows employees to seek resolution of job-related disputes within the institution as quickly, fairly and informally as possible, without retaliation. This means that all employees with concerns about any matter pertaining to their employment are encouraged to bring their concerns to their supervisors and management, including their applicable Department Heads or Dean. When collegial conversations have not been successful at resolving an issue, employees are encouraged to pursue discussion of their job-related concerns. For purposes of this policy and the procedure outlined below, the term "dispute" shall not be defined to include a complaint or concern relating to the setting and modifying of wages or salaries; position classifications; general employment benefits; the establishment or contents of policies, procedures, protocols, rules, or regulations of the University or University departments; reductions in force; hiring decisions; transfers within the University; work assignments; performance evaluation ratings; suspension or termination; or the methods, means, and personnel by which the University's operations are to be carried on.
Any issues or incidents relating to harassment or discrimination of any kind should be reported in accordance with the university’s Non-Discrimination Policy, Bias Response Policy & Procedure, and Relationship Violence & Sexual Misconduct Policy. Faculty should refer to the Faculty Scholarly Misconduct Policy, Research Misconduct Policy and the Faculty Employment and Promotion Policies, all of which can be found in the Faculty section of the Employee Handbook, for any matters pertaining to faculty conduct and employment.
Usage
Eastern Mennonite University believes that an employee has the right to discuss problems or concerns with any level of management. Whenever possible, however, the employee should discuss their problem or concern with their immediate supervisor before contacting another member of management, including their applicable Department Head or Dean. The Dispute Resolution Process provides employees a more formalized Dispute Resolution discussion.
An employee using this resolution process should initiate their dispute within fifteen (15) working days of the decision, event or action giving rise to the dispute, or the date the employee was informed of that decision, event or action, whichever is later. An employee should follow the steps in the order described below. However, the Office of Human Resources may be contacted directly if, for the particular dispute, it seems inappropriate to discuss the problem with the supervisor or Department Head or the dispute is regarding your supervisor or Department Head. Also, the Office of Human Resources may be contacted at any time for additional information, guidance or assistance in interpreting any part of this dispute resolution process. The steps are as follows:
Steps
1. The employee should submit their job-related dispute to their immediate supervisor in writing, by using the Dispute Resolution Form, and arrange to speak with their immediate supervisor in a structured, scheduled discussion.
a. The employee and supervisor will review the employee’s submitted form, any related documentation or information, and have a discussion in an open-minded, professional manner.
b. The supervisor will consider the information discussed in the meeting, the employee’s desired outcome, and respond to the employee in writing within five working days.
c. If the response from the supervisor does not satisfactorily resolve the dispute, or if a response is not received in the five working days, the employee may proceed to the next step. The next step must be initiated by the employee within five working days of receiving the response from their immediate supervisor or 10 working days from their meeting date, if the supervisor has not responded. Failure to initiate step two within the allowed time frame will result in the dispute being dismissed, with the supervisor’s resolution, if any, final.
2. The employee should request to their immediate supervisor, in writing, a meeting with the next level of management, as applicable to the employee’s position.
a. As soon as reasonably possible, the employee and management will review the written document and the immediate supervisor’s response and have a discussion in an open-minded, professional manner.
b. The reviewing manager will consider the information presented in the meeting, investigate, and provide a written response within ten working days of the meeting.
c. If the employee is not satisfied with the decision, or if a decision is not received within ten working days of the meeting, the employee may proceed to the next step. The next step must be initiated by the employee within five working days of receiving the response from their reviewing manager or 15 working days from their meeting date, if the reviewing manager has not responded. Failure to initiate step three within the allowed time frame will result in the dispute being dismissed, with the reviewing manager’s resolution, if any, final.
3. If the concern(s) have not been resolved, and the employee believes the dispute has sufficient merit to be pursued further, the employee should promptly take the problem through the next step by filing a formal dispute through the Employee Dispute Report. This report will be directed to the Director of Human Resources. Upon receipt the Director of Human Resources will review the dispute report, contact the necessary individuals, conduct an investigation, and consult with Senior Leadership members when necessary and appropriate and respond in writing to the reporting employee within 15 working days of receipt of the completed Dispute Report.
If there is a question about whether an employee’s dispute is disputable under the above procedure, the Immediate Supervisor, Department Head or Dean at the Step 1 or 2 level may raise this concern with the Director of Human Resources. The Director of Human Resources will make a decision on whether or not the matter is disputable. That decision will be issued in writing within five working days from the time the challenge to the dispute is brought to the Director of Human Resources. The employee may seek a review of that dispute determination by filing a written request with the Vice President for Finance within five working days of receipt of the dispute determination. The request should state why the employee believes the matter is disputable and include all supporting documentation. The Vice President will conduct a review and issue a written decision within five working days of receiving the request for review. The Vice President’s determination as to disputability is final. If the Vice President finds that the matter is disputable, the dispute will resume at the step where the disputability challenge was raised. If the employee works within the Finance division, another Vice President or the Provost will be asked to conduct the disputability review.
The time limits included in this procedure have been established to facilitate a speedy resolution while providing sufficient time to prepare and present information. However, because scheduling constraints and/or holidays may impact the time limits, the University, in its sole discretion, may extend particular time limits upon request in advance of the deadline. If the University has not approved an extension of a particular time limit ahead of the deadline and an employee does not observe the time limit for that step, the dispute will be considered to have been dropped, which resolution, if any determined by that time, will be final.