04.02.29a. My Reasoning for Design of Organizational Grievance Procedures; Matthew 18. Yesterday I talked about Naomi Wolf's accusations against Professor Harold Bloom I realize that the procedure I suggest resembles what is referred to as "Matthew 18" procedures by those up on their Scripture. Here is the relevant passage, Matthew 18: 15-17.

Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.
The procedure I suggested was similar in having four stages: 1. Complain to the professor. 2. Get other professors involved. 3. Go to the University central administration. 4. Publicize the wrongdoing. In light of the generalizability of the procedure, let's think about the purpose of the various stages.

1. Complain to the professor.
Many problems can be resolved and many wrongs righted without the cost in time and effort of appealing to outsiders. Shame, guilt, or the expectation of sanctions at later stages will induce the offender to impose a penalty on himself. Or, it may be that the offender can convince the aggrieved party that he was not to blame.

The reason this stage is skipped is usually that the aggrieved party does not want to bear the mental cost, and would rather shift the cost onto other people.

2. Get other professors involved.
Before going through formal procedures or to decisionmakers who do not know the people involved, it is usually a good idea to go informally to someone who is a third party but who knows the parties involved. Mediation is helpful because the people directly involved usually have biases of which they are unaware, and because their interest can reduce their ability to communicate. At this stage it does not really matter much if the third party is himself somewhat biased. That is because his purpose is not to be a decisionmaker so much as to provide a clear-headed opinion to the two antagonists. Even if he is an strong ally of one party, he can point out to him that his interest lies in settling things immediately rather than losing at stages (3) or (4), if that is so. It is very helpful to this if he knows the situation and the people, which almost invariably means his interests are interlinked with theirs.

One reason this stage is skipped is that the parties involved fail to see that it can be useful even if the third parties are allies of one party or the other.

Another reason it is skipped is because it is costly to the third party. Not only must he spend time and effort, but very possibly both sides will end up hating him. Thus, he would prefer passing the buck to the official procedure in step (3) --- after first recommending step (1) if that one had been skipped. Since step (2) is informal, for an organization to use it depends on its members having a strong sense of duty or on imposing penalties on shirkers in some other way. This is a norm hard to maintain with external sanctions, however, because shirking one's duty as mediator is something hard for other people to observe. It is too easy to pretend to help but to back down immediately and pretend that mediation has failed before it has really begun.

3. Go to the University central administration.
This is where official procedure starts. Pursuing this step, however, need not involve official procedures. Rather, its main significance is in appealing to people who are unlikely to know the parties to the dispute and who are "staff" instead of "line" managers. In the academic context this means people who administer rather than teach or do research; in the military context it might mean people who administer rather than holding weapons or telling people with weapons what to do; in the church context, it means church pastors rather than church members (elders can be part of either step (2) or step (3), depending on whether they know the people). Also, at this stage the aggrieved party is justified in asking for a strong and clear statement of agreement or disagreement with his charges.

4. Publicize the wrongdoing.
If either party is unhappy with what happens at earlier steps, they can go public. If your cause is just, then you have less to lose than the other party -- or nothing to lose. The unhappy party should, of course, take into account that the disagreement of other people in stages (1), (2), and (3) might mean that he is actually in the wrong, and just couldn't see it because of his bias. If he decides that the earlier steps failed him for other reasons, though, then he may find that public opinion will vindicate him.

Matthew 18 doesn't go into much detail, but there step (4) comes in at the end as the remedy against an offender who refuses to submit to the decision of the church. The church has no power to fine or imprison, but it does have the power to ostracize and excommunicate.

I thought I'd also provide the context of Matthew 18: 15-18, because it is not disconnected from what comes before and after. I won't go into the connections, though, for lack of time and energy.

KJV Matthew 18:1 At the same time came the disciples unto Jesus, saying, Who is the greatest in the kingdom of heaven?

2 And Jesus called a little child unto him, and set him in the midst of them, 3 And said, Verily I say unto you, Except ye be converted, and become as little children, ye shall not enter into the kingdom of heaven. 4 Whosoever therefore shall humble himself as this little child, the same is greatest in the kingdom of heaven. 5 And whoso shall receive one such little child in my name receiveth me. 6 But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea.

7 Woe unto the world because of offences! for it must needs be that offences come; but woe to that man by whom the offence cometh! 8 Wherefore if thy hand or thy foot offend thee, cut them off, and cast them from thee: it is better for thee to enter into life halt or maimed, rather than having two hands or two feet to be cast into everlasting fire. 9 And if thine eye offend thee, pluck it out, and cast it from thee: it is better for thee to enter into life with one eye, rather than having two eyes to be cast into hell fire.

10 Take heed that ye despise not one of these little ones; for I say unto you, That in heaven their angels do always behold the face of my Father which is in heaven.

11 For the Son of man is come to save that which was lost.

12 How think ye? if a man have an hundred sheep, and one of them be gone astray, doth he not leave the ninety and nine, and goeth into the mountains, and seeketh that which is gone astray? 13 And if so be that he find it, verily I say unto you, he rejoiceth more of that sheep, than of the ninety and nine which went not astray. 14 Even so it is not the will of your Father which is in heaven, that one of these little ones should perish.

15 Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. 16 But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. 17 And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.

18 Verily I say unto you, Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in heaven. 19 Again I say unto you, That if two of you shall agree on earth as touching any thing that they shall ask, it shall be done for them of my Father which is in heaven.

The main contribution of the context is to show that an important aim of the procedure is rehabilitation of offenders. Retribution and deterrence are secondary. That is another difference between organizational grievance procedures and criminal law.

[in full at 04.02.29a.htm .      Erasmusen@yahoo.com. ]

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