The Grievance Resolution and Conflict Resolution processes are there to protect the Lawrence Technology University community. Knowing which one to file through would be a great help. While both processes handle about the same concerns the severity of the situation that they handle is different, as well, as the person(s) who are required to handle it.
Grievance Resolution Overview
The Grievance Resolution Process handles both the internal and external situations and complaints that result from sexual harassment, sexual misconduct and retaliation. This process is handled by a single individual, the Title IX Coordinator. This individual will be different based on whether you are an employee or student.
Conflict Resolution Overview
The Conflict Resolution Process handles internal work-related affairs between employees which can be from working conditions, work rules, even as far as harassment and discrimination situations and complaints. This process is handled by the Conflict Resolution Committee which consist of 15 members.
Part I. Title IX Regulatory Grievance Process Standards
Notice/Formal Complaint: Upon receipt of a notice or complaint to the Title IX Coordinator of an alleged violation of the Policy, the Title IX Coordinator initiates a prompt initial assessment to determine the next steps the University needs to take. The University uses the Formal Grievance Process to determine whether or not the Policy has been violated. If so, the University will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to sexual harassment or retaliation, their potential recurrence, or their effects.
More details can be found from (A) Notice/Formal Complaint
Initial Assessment: Following receipt of a formal complaint of an alleged violation of this Policy, the Title IX Coordinator or designee engages in an initial assessment, typically within one to five business days. Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints trained individuals to conduct the investigation , usually within two (2) business days of determining that an investigation should proceed.
More details can be found from (B) Initial Assessment
Discretionary Dismissal: The University may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing. Upon any dismissal, LTU will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party.
More details can be found from (C) Discretionary Dismissal
Counterclaims: LTU is obligated to ensure that the grievance process is not abused for retaliatory purposes. Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the Title IX Coordinator.
More details can be found from (D) Counterclaims
PART II. APPEALS
Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the Title IX Coordinator within 7 days of the delivery of the Notice of Outcome.
A three-member appeal\ panel will be designated by the Title IX Coordinator OR a single Appeal Decision-maker will Chair the appeal] No appeal panelists or Decision-maker will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.
The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing).
This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.
More details can be found from Part II. Appeals
Lawrence Tech strongly encourages employees and supervisors to resolve employee-related conflicts on an informal basis. Employees should endeavor to resolve issues by discussing concerns with their immediate supervisor and/or their supervisor’s supervisor. If an informal resolution cannot be reached, the employee may use the Conflict Resolution Policy to address work-related concerns. An employee filing a good faith complaint will not be reprimanded, punished or harassed as a result of using this policy.
Procedure (How to File a Conflict)
- The Complainant presents problem to the immediate supervisor within seven (7) days after the incident occurs. If the supervisor is unavailable or the Complainant believes it is inappropriate to contact their supervisor, Complainant may present problem to their supervisor’s supervisor.
- The supervisor or supervisor’s supervisor responds to the problem during discussion or within seven (7) days if consultation with management or other sources are necessary to investigate the problem. A written response should, in most cases, be given by the supervisor to the Complainant. NOTE: If the supervisor is unable to respond in the aforementioned timeframe, he/she should inform the Complainant why a delay is needed and when a response will be issued.
- If Complainant disagrees with decision, he/she may then contact the next level supervisor. This supervisor should consult with the original supervisor, Complainant, and any other sources necessary to investigate the problem. A written response should, in most cases, be given within seven (7) calendar days. If the supervisor is unable to respond in the seven (7) day timeframe, he/she should notify the Complainant of reason why a delay is needed and when a response can be given.
NOTE: If the supervisor is unable to respond in the aforementioned timeframe, he/she should inform the Complainant why a delay is needed and when a response will be issued.
- If the problem remains unresolved, Complainant completes a Conflict Resolution Form and presents it to the Executive Director of Human Resources along with all appropriate documentation within seven (7) days after receipt of the supervisor’s response. The Executive Director of Human Resources determines if the conflict violates internal policy or state or federal laws and warrants review by the Conflict Resolution Committee.
- If the Executive Director of Human Resources determines that the conflict has merit, a hearing notification is forwarded to the Conflict Resolution Committee within ten (10) days after receipt.
- Immediately prior to the hearing, the Conflict Resolution Committee reviews documentation and proceeds with the hearing at which time the Complainant and Respondent state their cases. Witnesses may be called. The Conflict Resolution Committee deliberates in private and submits their recommendation to the Executive Director of Human Resources. All documentation is thereafter collected by the Executive Director of Human Resources.
- The Executive Director of Human Resources submits the recommendation and accompanying documentation to the University Officers Committee for final outcome. The University Officers Committee informs the Complainant, Respondent, Complainant’s Supervisor and the Executive Director of Human Resources of the final outcome and any employee action, if appropriate. All documentation is returned to the Executive Director of Human Resources.
Further details can be found in the Employee Handbook Section 602