3.15 / Internal Dispute Resolution Process

Effective: February 23, 2018Last Revised: October 03, 2023

  1. Initiating Authority

    1. Human Resources serves as the initiating authority for this policy.

  2. Purpose

    1. Situations may occur where an employee believes that the fair and consistent application of a Wichita State University (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.

  3. Policy

    1. 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.

  4. Definitions

    1. For the purpose of this policy only, the following definitions shall apply:
      1. 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.
      2. 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.
      3. Dispute Resolution Request: A "Dispute Resolution Request" is a timely and written formal document filed by an employee to request to resolve a dispute
      4. 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.
      5. Supervisor: A "Supervisor" shall mean individuals at the University, who the Employee filing the dispute resolution reports to.
      6. 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.
      7. University: The "University" shall mean Wichita State University any Controlled Affiliated Organization that adopts this Policy in writing.

  5. Administrative Procedure

    1. 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.

    2. Step I: Review

      1. 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.
      2. 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.
      3. Upon receipt of the Form, the HRBP will inform the Supervisor of the Dispute Resolution Request.
      4. 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.
      5. Senior Leadership will review the Form and submitted documentation, and may schedule a meeting with the employee.
      6. 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.

    3. Step II: Appeal

      1. 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.
      2. Upon receipt of Step II: Appeal, the HRBP will inform the Senior Leadership and Supervisor of the Dispute Resolution Appeal.
      3. 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.
      4. The Executive Director of HR will review the submitted documentation, and may schedule a meeting with the employee.
      5. 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.
      6. 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.

  6. Applicable Laws And Additional Resources

    1. WSU Policy 3.06 / Harassment, Discrimination and Retaliation for Employees, Students and Visitors
    2. WSU Policy 3.19 / Prohibition of Retaliation
    3. WSU Policy 3.58 / Protection from Retaliation for reporting Wrongful Conduct
    4. WSU Policy 4.04 / Resolution of Internal Disputes for Faculty

  7. Revision Dates

    1. January 24, 2023
    2. May 23, 2023
    3. October 3, 2023 (maintenance updates only)