Appendix to Policy
General Jurisdictional Guidelines
The conflict resolution policy covers current University administrators, faculty, P&A, civil service, and student workers (including research and teaching assistants). A person is considered a University employee if the person receives a University paycheck. Employees who are represented by a labor organization are excluded from services. Labor represented employees may pursue their concerns through the process established in their collective bargaining agreements.
Persons who are not employed by the University, even if their work is physically located at the University, such as employees of University of Minnesota Physicians, are excluded from services. Volunteers, fellows, or other individuals who work at the University, but are not paid by the University, are generally excluded from services.
The conflict resolution process is for employment-related issues and conflicts. Informal services are available for a broad range of employment-related issues. Formal conflict resolution services are available for some, but not all, workplace disputes, and there are time limits
There are no fixed time limits for raising an issue informally, although conflict resolution staff may decline to process issues that are so stale that efforts would be futile, that have been processed previously in this or other offices, or that would create unfair surprise or prejudice.
Additional Jurisdictional Guidelines for Formal Conflict Resolution Processes
Former employees who file a petition challenging the termination of employment within six weeks of its effective date may be eligible for formal conflict resolution services. Eligibility to challenge termination of employment depends on the terms of the employee’s governing employment contract. Former employees who challenge an employment termination may not challenge employment actions occurring more than six weeks prior to the petition filing date.
Regular faculty. Complaints by a regular faculty member will be heard in accord with the terms of Board of Regents Policy: Faculty Tenure. The Senate Judicial Committee takes original jurisdiction over some employment-related issues, and defers to the conflict resolution process on others.
Faculty emeriti. An emeritus faculty member who is not currently an employee of the University may submit a petition alleging a covered violation only: 1) if such violation occurred prior to termination of employment; or 2) if a written contract signed by the authorized University official during the employment period is violated after the employment terminates; provided, however, that the remedy in such a case will be limited to a financial remedy. A dispute arising under Board of Regents Policy: Faculty Emeriti may not be the basis of a petition, but may be resolved informally in accordance with the terms of Board of Regents Policy: Faculty Emeriti.
Sexual Harassment, Sexual Assault, Stalking, and Relationship Violence.
A formal petition may not be filed with OCR that (1) alleges a violation of the Administrative Policy: Sexual Harassment, Sexual Assault, Stalking, and Relationship Violence or (2) challenges findings related to or disciplinary decisions resulting from violations of the Administrative Policy: Sexual Harassment, Sexual Assault, Stalking, and Relationship Violence.
Note:These exclusions do not prevent employees concerned about or impacted by sexual harassment, sexual assault, stalking or relationship violence from using the informal services offered by OCR. However, informal services may not (1) result in discipline or a change in previously-imposed discipline pursuant to the Administrative Policy: Sexual Harassment, Sexual Assault, Stalking, and Relationship Violence. or (2) result in a waiver to pursue a complaint with the campus Title IX office.
Covered Subject Matter in the Formal Process
An allegation of a violation of a specific University rule, regulation, policy, or practice pertaining to employment is required. Examples include alleged violations of the civil service rules, P&A policies, and human resource policies.