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Initiating Authority
- Human Resources serves as the initiating authority for this policy.
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Purpose
- Situations may occur where an employee believes that the fair and consistent application
of a (University) policy affecting the employee has not been
followed. In most cases, the University expects that the employee will be able to
satisfactorily address such concerns within the work area through an informal process. If the situation cannot be resolved through an informal process, the University
wishes to provide employees an alternative internal process. All decisions made regarding
the Internal Dispute Resolution Process should be unbiased, non-retaliatory, and non-discriminatory.
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Policy
- The University provides a formal process to address employment situations that arise
which are not able to be resolved in the course of routine communication. Employees
are encouraged to attempt resolution of work-related concerns directly with Leadership
prior to use of the formal Internal Dispute Resolution Process. The processes for
incidents involving sexual misconduct, sexual harassment, relationship violence, stalking,
retaliation, and/or discrimination are addressed in separate University policies.
The Internal Dispute Resolution Process is not to be used to prevent, limit or delay
appropriate corrective action and is not available to employees who have separated
employment.
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Definitions
- For the purpose of this policy only, the following definitions shall apply:
- Controlled Affiliated Organizations: Intercollegiate Athletic Association, Inc.,
University Union Corporation, Innovation Alliance, Inc.,
and WSIA Investments Corporation.
- Dispute: A "Dispute" means a claim that the University has applied a policy or process to
an employee unfairly or inconsistently. Examples of situations excluded from this
process are complaints concerning wages, performance evaluations, and separations
of employment.
- Dispute Resolution Request: A "Dispute Resolution Request" is a timely and written formal document filed by an
employee to request to resolve a dispute
- Employee: An "Employee" is an individual who provides services to the University on a regular
basis in exchange for compensation and receives a W-2 for such services. This includes
temporary and part-time Employees.
- Supervisor: A "Supervisor" shall mean individuals at the University, who the Employee filing
the dispute resolution reports to.
- Senior Leadership: "Senior Leadership" shall mean individuals at the University who have employees reporting
to them, are in a position at the Director/Department Chair level or above who are
not in the chain of command of the employee initiating the Dispute Resolution, and
are not involved in the Internal Dispute Resolution Process for the current situation.
- University: The "University" shall mean any Controlled Affiliated Organization
that adopts this Policy in writing.
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Administrative Procedure
- The University's Internal Dispute Resolution Process consists of two steps: (1) review
and (2) appeal. Time limits in the process must be followed to ensure enough time
is provided to review information and respond to the Dispute Resolution Request in
a timely manner. The process is structured to minimize any potential bias. It will
result in participation of individuals who may be in a different chain of command
than the employee. It may also result in participation of the Chief Human Resources
Officer dependent upon the situation. If the Employee appeals to agencies outside
of the University before or during the Internal Dispute Resolution Process, the Chief
Human Resources Officer may, as a designee of the President, stop the process.
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Step I: Review
- The employee notifies their assigned Human Resources Business Partner (HRBP) of the Dispute and requests to utilize the Internal Dispute Resolution Process. The
HRBP discusses the request with the employee. The HRBP determines if the situation
meets the criteria of a Dispute, or advises the employee of an alternative course
of action, such as informal conflict resolution.
- If it is determined that the Internal Dispute Resolution Process will be utilized,
the employee completes an Internal Dispute Resolution Request Form (Form) and submits it to their HRBP. The Form must be dated and filed within ten (10) University
business days from the latest documented attempt at resolution, not to exceed twenty
(20) University business days from the date of the original event leading up to the
Dispute Resolution Request.
- Upon receipt of the Form, the HRBP will inform the Supervisor of the Dispute Resolution
Request.
- The HRBP determines the Senior Leadership to review the Dispute. When possible, the
HRBP will choose Senior Leadership who has experience with a workforce with similar
duties or responsibilities. The HRBP will provide the Senior Leadership with the Form
and any document submitted with it.
- Senior Leadership will review the Form and submitted documentation, and may schedule
a meeting with the employee.
- Senior Leadership will provide a decision via written response to the employee, the
HRBP, and the Supervisor, not to exceed twenty (20) University business days of the
date of the Dispute Resolution Request.
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Step II: Appeal
- If the employee is unsatisfied with the response from Step I: Review, the employee
can proceed to Step II: Appeal, by submitting Step II of the Internal Dispute Resolution Request Form to their HRBP. The Form must be filed within ten (10) University business days from
the date of the decision from Step I: Review.
- Upon receipt of Step II: Appeal, the HRBP will inform the Senior Leadership and Supervisor
of the Dispute Resolution Appeal.
- The HRBP will provide all applicable documents to the Executive Director of HR for
further review. This will include all documents submitted in Step I, the Senior Leadership
decision, and Step II documents.
- The Executive Director of HR will review the submitted documentation, and may schedule
a meeting with the employee.
- The Executive Director of HR will provide a decision via written response to the employee,
Senior Leadership, and Leadership, not to exceed twenty (20) University business days
of the date of the Dispute Resolution Request in Step II: Appeal.
- The decision of the Executive Director of HR shall be final and is not subject to
further administrative review by any officer or committee of the university or by
the Board of Regents.
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Applicable Laws And Additional Resources
- Policy 3.06 / Harassment, Discrimination and Retaliation for Employees, Students
and Visitors
- Policy 3.19 / Prohibition of Retaliation
- Policy 3.58 / Protection from Retaliation for reporting Wrongful Conduct
- Policy 4.04 / Resolution of Internal Disputes for Faculty
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Revision Dates
- January 24, 2023
- May 23, 2023
- October 3, 2023 (maintenance updates only)