As Christians who seek to govern our lives by the teachings of Scripture, it is our goal to work together in our common mission with a spirit of cooperation and with mutual respect characterizing our relationships. Equitable policies, clear procedures, timely decisions and frequent and clear communication ought to facilitate our working together in that way. We also accept the responsibilities placed upon us to be reconciled to one another when disagreements occur. Jesus indicated that whether we believe ourselves to be wrong or are the ones whom other believers think to have done wrong, we have responsibility to seek reconciliation (Matthew 5:23-26; 18:15-20). The Apostle Paul decried the practice of believers going to court against one another, rather than settling differences among themselves (1 Corinthians 6:1-8).
We are aware that disagreements do arise within the Christian community and that litigation through the judicial process can be used to resolve those questions that are of a legal nature. However, the process of bringing suit in a court of law has certain disadvantages, i.e., the case often does not come to trial for many months, the trial itself may be extended at great economic and psychological cost to either or both parties, the case comes under the control of the court with loss of control and privacy.
For the above reasons, we recognize that the resolution of such disagreements that cannot be solved informally can be more advantageously pursued in a planned grievance and arbitration process.
Grievance Procedures
Arbitration Procedures
This statement applies to all university faculty. All claims, disputes, and other matters in question relating to the employment agreement or the employment relationship of the parties not resolved through the grievance process shall be resolved by binding arbitration in accordance with the following procedures.
In keeping with the intention of the Bethel Community to resolve disagreements quickly and fairly, the following arbitration procedures are adopted to implement the agreement to arbitrate contained in employment contracts between Bethel University and the faculty:
1. All arbitration proceedings shall be conducted in accordance with the Uniform Arbitration Act in effect in Minnesota on the date of the commencement of the arbitration proceeding.
2. No matter shall be submitted to arbitration unless the current grievance procedures have been exhausted.
3. An arbitration proceeding shall be commenced by the initiating party delivering a written request for arbitration upon the other party. The arbitration request should contain a short statement of the disagreement between the parties and the issues that the party desires to submit to arbitration.
4. Within 15 days after the request for arbitration is delivered, each party to the arbitration shall select one impartial arbitrator. The arbitrators shall not be current Bethel employees or current members of the Board of Trustees. Thereafter, these two arbitrators shall select a third arbitrator within 15 days. The resulting panel of three arbitrators shall hear and decide the issues presented for arbitration.
5. Each party to the arbitration shall pay the cost of the arbitrator it has selected, and the costs of any witnesses called by it. The cost of the third arbitrator and any other expenses of the arbitration shall be shared equally by both parties. Either party may be, but need not be, represented by legal counsel or other representative engaged by them at their own expense.
6. The issues submitted to the panel of arbitrators shall be decided by a majority of the arbitrators. The decision and award of the arbitrators shall be made in writing within 30 days after the issues are fully presented to the arbitration panel and shall be binding on all parties to the arbitration. The arbitrators may grant relief as requested by either party or they may issue such other award as fairness and equity require under all the circumstances of the case.
7. Matters involving sexual harassment allegations are specifically excluded from these Arbitration procedures and shall be handled in accordance with the Sexual Harassment Policy and Procedures.
Office of the Provost