Exclusions, Limitations, and other Jurisdictional Considerations

The Administrative Policy: Conflict Resolution for Faculty, P&A, Civil Service, and Student Employees (the policy) does not apply to all workplace conflicts or employment-related grievances. Please see the following exclusions, limitations, and other jurisdictional considerations to determine eligibility:

1. Exclusions to the OCR policy/process based on employee/non-employee classification
   • Labor-represented employees. The policy does not apply to the workplace conflicts of employees who are represented by a labor organization (union). The resolution of workplace conflicts of labor-represented faculty and staff are governed by applicable collective bargaining agreements. Labor-represented employees must follow the processes established in their collective bargaining agreements to address workplace conflict and are encouraged to contact their local Union steward.
   • Non-employees. The policy does not apply to persons who are not employed by the University, even if their work is physically located at the University (e.g., employees of University of Minnesota Physicians). The policy generally does not apply to volunteers, fellows, or other individuals who work with the University, but are not paid by the University. However, the policy does apply to recently terminated employees who have identified the termination of their employment to the OCR as an employment-related conflict or grievance within six weeks of the effective date of their termination.
   • Students who are not employees. The policy does not apply to students who are not employed by the University.
2. Exclusions related to the formal petition process. Prior to submitting a petition, an employee must first participate in a facilitated dialogue provided by the OCR to attempt to resolve the workplace conflict, except in rare circumstances where OCR determines that a facilitated dialogue is not appropriate. The following exclusions prevent an individual from filing a petition (however, they do not prevent employees from using the informal services offered by the OCR).
   • Time limits. To be eligible for the formal petition process, the petitioner must: (1) have identified the eligible employment-related grievance to the OCR within six weeks from the occurrence of, or notice of, the action being challenged, whichever is later, and (2) file a petition within 60 calendar days following the petitioner’s identification of the eligible employment-related grievance to the OCR.
   • Sexual misconduct. A petition may not be filed 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.
   • A petition may not be filed that alleges a violation of the Administrative Policy: Discrimination. However, a petition may be filed that alleges that the discipline imposed as a result of a finding that an employee violated the Discrimination policy violates some other specific written University rule, policy, or procedure pertaining to employment.
   • Academic and/or research misconduct. A petition may not be filed that alleges academic and/or research misconduct. For further information, refer to Board of Regents Policy: Academic Misconduct and related Administrative Policy: Research Misconduct. However, a petition may be filed that alleges that the discipline imposed as a result of academic and/or research misconduct proceeding violates some other specific written University rule, policy, or procedure pertaining to employment.
   • Termination of Civil Service employment during probation. Civil Service employees may not file a petition to challenge an involuntary termination of employment during the probationary period if a written performance appraisal was provided.
   • Non-renewal of a fixed-term or annual appointment. P&A employees may not file a petition to challenge a non-renewal of a fixed-term or annual appointment if the non-renewal is consistent with Administrative Policy: Non-Renewal of Appointment for Academic Professional and Administrative Employees and not in violation of some other specific written University rule, policy, or procedure pertaining to employment.
   • Violation of Board of Regents Policy: Code of Conduct. A petition may not be filed that alleges a violation of the Board of Regents Policy: Code of Conduct.
   • Recently terminated employees. A petition may not be filed that challenges an employment action other than their termination.
   • Allegations arising under or covered by the Board of Regents Policy: Faculty Tenure. Complaints by a 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 other employment-related issues to the formal petition process set forth in this Policy.
   • Faculty emeriti. An emeritus faculty member who is not currently an employee of the University may not file a petition unless it 1) alleges a violation of a specific written University rule, policy, or procedure pertaining to employment that occurred prior to the termination of their employment from the University; or 2) it alleges that a written contract signed by an authorized University official during their employment was violated after their employment terminated. The remedy in such cases will be limited to a financial remedy. A petition may not be filed that alleges a violation of the Board of Regents Policy: Faculty Emeriti.
   • Allegations that do not rise to the level of a violation. A petition may not be filed that alleges conduct that, even if proven, would not constitute a violation of a specific written University rule, policy, or procedure pertaining to employment.