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