3.42 DISPUTE RESOLUTION, MEDIATION AND GRIEVANCE
Effective: August 15, 2024
Purpose: This policy is designed to provide a formal procedure for the resolution of internal disputes.
Scope: This policy applies to all unclassified academic personnel and unclassified administrative personnel (herein after “administrators”), including all such personnel working under the supervision of any agent of the University, whatever the nature or location of their activity. The rank or condition of employment of the aggrieved party shall not be held to prevent utilization of these procedures. This policy also applies to graduate assistants but only regarding any alleged violation within the scope of their employment as graduate assistants.
Responsible Office: Academic Affairs; Human Resources
Policy Statement: It is the policy of Emporia State University to resolve all problems of the academic community with dispatch, fairness, and justice. The procedures herein are to be interpreted in light of these objectives.
Resolution of problems within the campus community is preferable to their resolution elsewhere. Therefore, all parties to any grievance and those chosen to attempt to resolve problems shall consider their participation as one requiring the highest priority and shall exert their utmost efforts in good faith to secure internal resolution while adhering to the principles of this policy.
It is not intended that a grievance shall fail or succeed upon a technicality. Therefore, in the event of any ambiguity in this policy, that ambiguity shall be resolved in favor of a result that is equitable and reasonable.
Suspension of a faculty member or unclassified administrator during a grievance proceeding is justified only if immediate harm to the faculty member/unclassified administrator or others is threatened by continuance of service. The University President shall determine whether suspension is justified, consulting with law enforcement or mental health authorities as necessary to determine the possibility of harm. Should suspension occur, such action shall be deemed without prejudice to the grievance proceedings, and the grievant shall be entitled to regular proceedings pending final disposition of the grievance.
Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.
Aggrieved Party - Any person or persons who have suffered identifiable harm due to the dispute.
Class Days - All days that classes are conducted excluding weekends, legal holidays, vacation periods, the period of final examinations, intersessions, and for the purposes of this document summer school. In computing any period of time prescribed herein, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included. All time limits herein are to be measured by class days unless a different measurement is specifically identified.
Dispute - A disagreement or conflict that arises from any perceived violation of the policies, procedures, and administrative directives of the university, oral or written, that are in effect at the applicable time; any administrative action or decision that directly or indirectly affects academic freedom, retention, tenure, dismissal, promotion, salary or benefits, working conditions, intellectual property rights, or any other matter related to employment and the responsibilities of the affected personnel; any administrative action or decision that creates a real or apparent conflict of interest; or any actions committed by the University or any of its employees or agents that is alleged to be arbitrary and capricious.
Document - Any paper or electronic information pertinent to a dispute or grievance.
Grievance - A procedure whereby an aggrieved party files a formal petition to have a dispute resolved through official university procedures as set forth herein. A grievance is filed only after the failure of mediation, absent extraordinary circumstances justifying a waiver of mediation as a precondition to a grievance. The Faculty Affairs Committee Chair shall determine whether such extraordinary circumstances have been demonstrated, in consultation with the FAC if feasible.
Grievant - Any person who has filed a formal grievance petition.
Mediation - The process by which an Ombudsperson attempts to resolve a dispute to the mutual satisfaction of both parties.
Parties - The aggrieved party/grievant(s) constitutes one party, and all respondents together constitute a party.
Respondent - Any person or entity against whom a complaint has been made or a grievance petition has been filed.
Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources Procedures and Academic Affairs Procedures.
[Human Resources Procedures - coming soon]
[Academic Affairs Procedures - coming soon]
Related Policy Information:
Grievance Policy for Administrators
For matters pertaining to appointment, evaluation, retention, and/or termination, unclassified administrative personnel follow the process specified in 3.06 - Administrative Appointments. For other matters, the policy presented herein applies.