Dispute Resolution Questions and Answers
Q: What problems can be handled by the Dispute Resolution Process?
A: Issues related to Written or Final Performance Improvement Counseling or discharge can be addressed in the Dispute Resolution Process.
Q: Who is eligible to use the Dispute Resolution Process?
A: Staff members who have successfully completed their initial orientation period are eligible to use the Dispute Resolution Process. Temporary staff members are not eligible.
Q: I've been employed at Vanderbilt more than one year, but I recently transferred to a new position. I was told that I would begin a new 'orientation period'. Am I eligible to use this Dispute Resolution Process?
A: Yes. Any staff member who has completed their INITIAL orientation at Vanderbilt is eligible to use the process. The policy does not cover a staff member in his or her "new-hire" orientation period.
Q: What is the time limit a staff member has to begin the Dispute Resolution Process once a situation has occurred?
A: A staff member has within ten (10) calendar days of the action that gave rise to the dispute to begin the process.
Q: If I want to go through the Dispute Resolution Process or need more information about the process, whom do I contact?
A: A staff member should contact the Employee Relations Representative for his/her department. If you do not know who your Employee Relations Representative is, contact the department at 322-7259.
Q: I believe that I have been subjected to unlawful discrimination, but the incident occurred more than two weeks ago. Can I still pursue the matter through the Dispute Resolution Process?
A: The Opportunity Development Center will address all allegations of unlawful discrimination regardless of the amount of time that has lapsed between the incident and the complaint.
Q: What is the first step in the Dispute Resolution Process?
A: A staff member is encouraged to begin the process by meeting with the supervisor.
Q: My supervisor is part of the problem. Must I meet with him/her as the first step of the Dispute Resolution Process?
A: The staff member may proceed to the Departmental Review step of the process without having a meeting with the supervisor.
Q: What happens if my issue is not resolved by the Departmental Review?
A: The departmental Administrator will issue a response to your dispute within seven (7) calendar days from the date of the meeting. If the issue is not resolved at this step, the staff member must contact his/her ER Representative within seven (7) calendar days of receipt of the response. The ER Representative will schedule a meeting with the Facilitator. It is the Facilitator's role to meet with the staff member, the department and to conduct an investigation, if needed. The Facilitator will provide a written recommendation to both parties within a reasonable timeframe (usually less than 45 days).
Q: If I fail to meet any of the time limits established for a response, what happens?
A: If the staff member fails to meet the timeline to continue the process the dispute will be considered resolved and the Dispute Resolution Process will be terminated.
Q: What if my department or hearing officer fails to meet the time limits for the response set forth by the policy?
A: Failure of the department to meet time limits shall move the dispute resolution to the next step of the process.
Q: Can time limits be extended?
A: Any of the time limits may be extended by mutual agreement.
Q: When can I request a hearing?
A: If the facilitation step does not result in a satisfactory resolution, the staff member can request a hearing; either by a Hearing Officer or a Staff Panel.
Q: Can I choose who will sit on my staff review panel? What about the hearing officer?
A: The staff member may request one substitute for any of the three persons selected to sit on the panel. The panel is selected from a list maintained by Employee Relations. The hearing officer is also selected from a similar list. You may not request a substitute for the hearing officer.
Q: Can I bring anyone to support me during this process?
A: Yes. The staff member is allowed to bring one person currently employed by Vanderbilt to the hearing to provide support. The support person is there to provide moral support to the staff member but is not allowed to participate in the hearing. The staff member may not, however, be represented by an attorney at any of the internal proceedings, nor can a recording device be used.
Q: What circumstances can stop the dispute resolution process?
A: The failure to meet the timelines set forth by the policy. Also, the process will be terminated if the staff member or his/her support person is disruptive (e.g., using threatening behavior) or refuses to abide by the policy guidelines.
Q: I am interested in being a panelist. What are the requirements?
A: Staff must have three (3) years of service, be in good standing (staff member should not have been on PIC within the last six months), be recommended by the department and successfully complete the hearing training for Dispute Resolution.
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HR Express 2525 West End Ave Suite 218 Nashville TN 37203 Hours M-F 7:30 - 5:30 Last Updated: October 19, 2009 |
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