3.15 / Internal Dispute Resolution Process

1. Business Day: Every official workday of the week. These are the days between and including Monday through Friday, and do not include public holidays, days where the University is officially closed, and weekends.
2. Controlled Affiliated Organizations: Wichita State University Intercollegiate Athletic Association, Inc., Wichita State University Union Corporation, Wichita State University Innovation Alliance, Inc., and WSIA Investments Corporation.
3. Dispute: A claim that the University has applied a policy or process to an Employee unfairly or inconsistently. Complaints concerning wages, performance evaluations, and separations of employment shall not be a covered "Dispute" under this policy.
4. Employee: 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.
5. Informal Conflict Resolution: Voluntary attempts by an Employee to resolve a workplace Dispute through informal communication with the Employee's Leadership, outside of the Internal Dispute Resolution Process.
6. Internal Dispute Resolution Process: A formal process for resolving Disputes as outlined by this policy.
7. Leadership: Individuals who have been designated by the University with the authority to supervise the Employee requesting to use the Internal Dispute Resolution Process.
8. Senior Leadership: Individuals at the University who have Employees reporting to them and hold a position at the Director/Department Chair level or above.
9. University: Wichita State University and any Controlled Affiliated Organization that adopts this policy in writing.

Informal Conflict Resolution

1. Prior to requesting to use the University's Internal Dispute Resolution Process, an Employee should attempt to resolve workplace concerns through Informal Conflict Resolution.
2. An Employee may proceed with Informal Conflict Resolution by discussing any workplace concerns with their direct supervisor. The Employee should provide their direct supervisor with the nature of their concerns and a description of how the Employee would like to see their concerns resolved.
3. If open discussion between the Employee and the Employee's direct supervisor does not resolve the Employee's concerns, the Employee can also communicate their workplace concerns to their next level of Leadership (their supervisor's supervisor).
4. If the Employee determines it necessary to take their workplace concerns to their next level of Leadership, the Employee should describe for their next level of Leadership how the Employee has attempted to resolve their workplace concerns with their direct supervisor and how the Employee believes the situation should be resolved.
5. Employees can seek additional resources that support Informal Conflict Resolution from their department's assigned Human Resources Business Partner ("HRBP").

Internal Dispute Resolution Process

1. Request for Internal Dispute Resolution Process

   1. If Informal Conflict Resolution is not successful, an Employee may request to use the University's Internal Dispute Resolution Process by emailing a completed Dispute Resolution Request Form to the Employee Relations Specialist ("ERS") at HRBP@wichita.edu.
   2. The Dispute Resolution Request Form must be dated and submitted within ten University Business Days from the last documented attempt at informal resolution, not to exceed twenty University Business Days from the date of the original event that is the subject of the Dispute. Untimely requests to use the Internal Dispute Resolution Process will not be considered, unless the ERS determines that there are extenuating circumstances and additional time would facilitate resolution of the Dispute.

2. Initial Review

   1. Upon receipt of a timely submitted Dispute Resolution Request Form, an ERS will meet with the Employee to discuss the Employee's concerns and the Internal Dispute Resolution Process.
   2. If the ERS determines that the Employee's concerns do not qualify as a Dispute, the ERS will communicate and explain their decision to the Employee, and advise the Employee on alternative courses of action, including additional Informal Conflict Resolution in collaboration with the department's assigned HRBP.
   3. If the ERS determines that Employee's concerns qualify as a Dispute, the ERS will notify the Employee, any Leadership that was involved in Informal Conflict Resolution, and the department's assigned HRBP that the matter will be addressed through the Internal Dispute Resolution Process.
   4. Senior Leadership will be selected to review and make a decision on the Employee's Dispute. Selection of Senior Leadership will be limited to individuals who are not in the chain of command of the Employee who has submitted the Internal Dispute Resolution Form and who have not had any personal involvement with the Disputed matter up to that point, including Informal Conflict Resolution for the current situation. When possible, the Senior Leadership selected will be someone who has experience with a workforce with similar duties or responsibilities to the Employee.
   5. The selected Senior Leadership will review the Dispute Resolution Request Form and other relevant documentation and may schedule a meeting with the Employee.
   6. The selected Senior Leadership will deliver a written decision on the Disputed matter within twenty University Business Days of the date of submission of the Dispute Resolution Request Form. The written decision will be provided to the Employee, the ERS, any Leadership that was involved in the Informal Conflict Resolution, and the department's assigned HRBP.

3. Appeal

   1. An Employee dissatisfied with Senior Leadership's decision on initial review of the Dispute may submit an appeal with the ERS within ten University Business Days from the date of the Senior Leadership's written decision. Appeals must be submitted on the appeal section of the Dispute Resolution Request Form. Untimely submitted appeals will not be considered.
   2. Senior Leadership's decision on initial review of a Dispute may only be appealed when the Employee establishes one or more of the following:
      1. A procedural irregularity that affected the outcome of Senior Leadership's decision;
      2. New information that was not reasonably available at the time the Senior Leadership's decision was made that could affect the outcome of the matter; or
      3. The Senior Leadership that made the decision had a conflict of interest or bias for or against an individual involved in the Dispute that compromised the fairness or impartiality of the decision.
   3. If the appeal does not meet the criteria listed under Section V.B.3(b) of this policy, the ERS will share with the Employee why it does not and advise the Employee of an alternative course of action, such as Informal Conflict Resolution in collaboration with the department's assigned HRBP.
   4. If the appeal meets the criteria listed under Section V.B.3(b) of this policy, the ERS will inform the Employee, Senior Leadership who made the initial decision, the Employee's Leadership who were involved in the initial review, and the department's assigned HRBP of the appeal.
   5. The ERS will provide all applicable documents to the CHRO for further review, including all documents submitted during the initial review of the Dispute, the decision made by Senior Leadership in the initial review, and any additional documentation relevant to the appeal. The CHRO may also schedule a meeting with the Employee.
   6. If the CHRO was involved with the initial review of the Dispute, the Associate Vice President and University Title IX Coordinator will instead make the decision on the appealed Dispute.
   7. The CHRO will deliver a written decision on the Disputed matter within twenty University Business Days of the date of submission of the Dispute Resolution Request Form for appeal. The written decision will be provided to the Employee, the ERS, the Senior Leadership who made the initial decision, the Employee's Leadership who were involved in the initial review, and the department's assigned HRBP.
   8. The decision on appeal is final and is not subject to further administrative review by any officer or committee of the University or by the Board of Regents.