Types of Disputes
Institutions of higher education represent diverse learning communities with unique characteristics.
When disputes occur, they are often more varied than in any other workplace. Examples of the types of disputes include:
- Issues of faculty collegiality, intellectual property, collaboration;
- Conditions of employment including discrimination, tenure, salaries, workload, etc.;
- Faculty-student disputes that arise over grades, perceived unfair examinations, harassment, allegations of cheating, course content and instructional methods;
- Interpersonal conflict between students involved a friendship, romantic relationship or study group;
- Conflict with those individuals or entities outside the university's boundaries (often referred to as "town-gown" disputes; and
- Faculty governance.
As this paired-down list illustrates, campuses reflect the larger society. Sources of campus conflict vary in these examples and often are complicated by multiple sources, unstable social environments, extreme economic conditions, or a history of intactable conflict. As the USA has become more litigious, individualistic, and rights focused, colleges and universities have seen an increase in litigation. Students have become more focused on their rights and on fighting for fair treatment. Federal laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, the Rehabilitation Act of 1973 (Section 504) and the Family Emotional Rights and Privacy Act (The Buckley Amendment) of 1974, have supported this focus on rights.
A recent trend and desire to provide mechanisms for fair and timely resolution to student and faculty concerns has resulted in the development of a variety of conflict management processes at universities, such as mediation, ombuds, conciliation or negotiation services.
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