The SUPD peer counseling group was started to assist postdocs facing any problems related to their work. This guide has been written to provide a starting point for navigating the maze of people and procedures available at Stanford to help postdocs address workplace problems, and to make our experiences with the system publicly available.

1. You are a visiting postdoctoral scholar, postdoctoral fellow, or postdoctoral research associate
2. You have (or anticipate having) conflicts with coworkers or with your PI that you have been unable to resolve by speaking directly to the people involved. For example,
   • conflicts over authorship/scientific credit/reagents
   • "employment"-related (we are not employed, but we can be sacked ...)
   • hostile work environment/harassment/discrimination

• A detailed account of different ways of getting your problem resolved, ranging from informal to formal avenues.
• Recognizing and analyzing the problem
• Attempting to resolve the problem directly through contact with those involved
• Going to a higher level of management
• Pursuing formal administrative channels for conflict resolution and for getting grievances heard
• Going outside the university
• Contact information for people whom you can approach confidentially
• A list of useful Web sites

This information will be revised in the future. Therefore, do check this site periodically, and please let us know if you have further information or corrections that should be incorporated. (See contact info below.) Scroll down or click on links for further details on any of these topics. Questions? Feedback? Contact the SUPD co-chairs.

Stanford has several mechanisms for responding to workplace problems. As you go down the list below,things become more official. Also, as you go down the list, you are more likely to burn bridges. Fighting back can be an ordeal, it can be very time-consuming, and it can affect your long-term relationship with mentors and hence your career. The effects on you and your career could be adverse. On the other hand, getting attention to your problem could restore a healthy work environment, or help you find other solutions to the problem. Navigating this territory wisely is not easy, so get help early, realize that you will need to create a paper trail, and consider early on seeking help from outside of Stanford.
 
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Step one is, of course, to realize that there is a problem and that itís not going to go away by itself. Although seemingly trivial, it helps to identify early on exactly what it is that you are unhappy about. This determines who might be at fault, what appropriate responses might be, how far you are willing to take the matter and what sacrifices you are willing to make for your cause. It helps to put your problem in writing, even at this early stage, and to start collecting documentary evidence regarding the problem. At this point, it would also make sense to get confidential help within Stanford (see Contact information).
 
Note on confidentiality: Many people who might eventually get involved may not be willing or able to keep your case confidential. Also consider that many commonly used forms of communication are not confidential, particularly email. If you wish to maintain confidentiality, only talk about the specifics of your situation in person, one-on-one, with people whom you can trust to maintain confidentiality. See the list of contacts below.
 
Are you contributing to the problem, and how? How is the problem affecting you, your physical and mental health? If your productivity is impaired by attempting to deal with the problem, seek help from an appropriate health professional early. Note that this is not an alternative to getting the problem resolved, but that this may help you deal with the fallout from the problem and from your attempts at resolution. All postdocs should have health insurance, and most also have mental health coverage.
 
Monitor your "adversary": Is s/he open to discussion/argument? To what extent are his/her hands tied by external circumstances? Is s/he open to seeking outside help to resolve the matter? Are your disagreements with him/her spilling over into other aspects of your interaction?
 
Could your problem involve discrimination or harassment? The university has advisors to deal specifically with such problems, and there are agencies of the US and State of California governments that keep records of cases, investigate complaints, etc. Filing a complaint early on may help you protect your rights, get the attention of administration, and prepare for possible lawsuits in the future. To get started, see the list of useful Web sites below.
 
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If you are having problems with a coworker, talk to that person. If you are having problems with your PI, talk to him/her. It is always preferable to maintain open communication and to resolve matters directly with people as they arise. This seems trivial to point out, but many workplace problems arise from poor communication. The ombudsperson(s) may be able to help you to pinpoint the sources of communication problems and to develop alternative approaches to communication. Try to get clear and specific information: Will I be a coauthor on this paper? When my fellowship ends, will there be other sources of funding to complete my project? Why exactly do you think I am not performing well, and how can I change what I'm doing wrong?
 
If talking to the person in question seems impossible, try writing a letter in which you describe what you perceive to be the problem. Write down what was said in any conversation for future reference. Request written confirmation of important matters. Consider how to keep the person informed of further steps you take. Usually it makes sense in the long run to maintain contact and at least some level of good will. The person you think of as your nemesis and adversary may be your future reference. Here, too, it makes sense to check your thoughts with a confidential advisor or trusted friend.
 
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Possible choices include your department chairperson, the Office of Student Affairs, and/or the appropriate Dean. At this level, your case will almost certainly not remain confidential; some of the people involved may be bound by their office to investigate complaints, which invariably means a breach in confidentiality. Getting phone calls from administrators regarding your matter may be regarded as intrusive by the person with whom you are having trouble, and will cause him/her considerable aggravation, so your relationship with him/her may deteriorate. On the other hand, administrators have some say over your coworkers and faculty advisor, which may work to your advantage.
 
At this stage, it becomes even more important to define clearly:

• what the problem is
• whether the problem involves disputes of fact, procedural irregularities, discrimination or harassment
• what you feel should be done to solve the problem.

If possible, this should be laid out clearly in writing. Workplace problems can be complex. Try to identify aspects of the problem that are easily documented and can clearly be remedied by some administrative action. These are the likeliest to be heard and addressed.
 
It also becomes important to define your bottom line. How important is it to you to remain on speaking terms with your PI? Do you have other people who can give you references? Do you seek mediation and reconciliation of a conflict? Or do you wish to seek recourse for a wrong that was done to you? Would you be willing to seek legal help, to file discrimination charges or other complaints outside Stanford University?
 
The importance of these questions at this step is that, as far as we can see, administrators will take your claim far more seriously, and may well be more cooperative, if they can thereby avert a threat of litigation or government investigation. Administrators may address an issue directly; as an alternative, they may give you the option of seeking mediation through a mediation process, or to seek redress by filing a formal grievance (see below). Answering the above questions will help clarify which course will be best for you and determine what you want the administrators to do.
 
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These options may be suggested to you by administrators, or you may find that nothing else short of going outside the university will resolve the matter. Although the two procedures both are intended to address workplace problems, they differ in their basic goals: A formal grievance is an internal administrative process intended to decide whether you were in fact wronged and to institute corrective action based on this decision. A mediation does not attempt to resolve questions of "right or wrong"; instead, a trained outsider helps the parties involved in the conflict to come to a joint solution to the problem.
 
Either option means a fair amount of work by university officials and administrators, which they are reluctant to do unless the complaints brought are sufficiently severe. The following criteria may help you decide whether either procedure is appropriate. Consider asking for mediation when you find yourself involved in a conflict situation with a colleague, you have not been successful resolving the conflict on your own or through channels within your lab, and you feel you need some outside help with the problem. Realistically, filing a grievance makes sense if you would seek legal help unless the grievance process were available to resolve the matter internally. It will make your complaint more credible if you have in fact talked to a lawyer to explore options for litigation, and if you have filed any discrimination or harrassment complaints with federal and state authorities (see sections on "Recognizing and analyzing the problem" and "Useful Web sites").
 

The mediation process

This basically involves sitting down with everyone involved in the conflict, as well as a neutral mediator, and thrashing out the issue until (hopefully) everyone is satisfied. Mediation is set up through the University Ombudsperson's office (see contact information below), who will appoint a professional mediator for your case; this will usually be an outside attorney with further training in mediation. Depending on your case, your mediation may involve your coworkers or PI directly involved in the conflict and/or a representative of the unversity (e.g., a human resources person). You may also bring a trusted coworker, friend, or legal representative to help you argue your case. Everyone present will be obliged to sign a confidentiality agreement, and, to protect both sides, nothing said in mediation can be used in future litigation.
 
In mediation, several parameters control the style of the proceedings. Therefore, a key decision to anticipate is what kind of relationship you wish have with the university once a mediation agreement is signed. If you wish to remain employed by Stanford or to have the option of working or studying here in the future, you may opt for an informal style that allows the most creative solutions to your problems to emerge from a joint exploration of the issues. In this mode, there are significant benefits to be gained from mediation, e.g., improved relationships, positive organizational changes, creative solutions, and enhanced understanding of how one's own behavior contributes to difficult interpersonal situations. On the other hand, it is not true that "anything goes" in mediation. More agressive moves on your part, such as having your lawyer present or asking for a monetary settlement, will make the proceedings much more formal. Asking for money to offset damages is likely to get risk managers and legal staff of the university involved; also, if a monetary settlement is made or even brought up by you, this could seriously affect your relationship with the university. The flexibility of the mediation process leaves much of the outcome in your hands, and the process can be extremely helpful in getting your voice heard, but proceed with caution.
 

Grievance procedure

Since November, 2001, Stanford postdocs have their own formal grievance process, available at http://www.stanford.edu/dept/DoR/rph/9-4A.html. This document describes the informal steps that should have been attempted first, before resorting to a formal conflict resolution mechanism. If those attempts fail, a formal grievance can be filed by writing a letter to the appropriate Dean (for Med School postdocs it is the Dean of the Medical School). The letter must state (a) the problem that the grievance process should resolve; (b) how it has adversely affected you; (c) what should be done to solve the matter; (d) what informal attempts have been made to reach a solution; and other such matters. The dean will usually appoint a grievance officer (some member of the faculty) to look into the matter. The grievance officer, after investigating the matter, writes a report to the dean, who then adjudicates the grievance. There are higher levels of appeal, first to the Provost and then to the President of the University, which follow the same general scheme and are intended to address whether the proceedings were formally correct and fair; they are not intended to re-investigate the subject matter of the grievance. The grievance procedure specifies standards for review of the complaint, and it allows you to bring a trusted friend or colleague (or a SUPD peer counselor) along if that seems helpful to you. There is also a "no reprisals" provision.
 
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In cases of discrimination/harrassment, it is important early on to contact federal or state agencies to file a complaint. Filing a complaint early on may help you protect your rights, get the attention of administration, and prepare for possible lawsuits in the future. To get started, see the list of useful Web sites below.
 
Other options include:

• Talking to the press
• Getting a lawyer
• Seeking medical help and/or counseling

 
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The Ombudspersons are available to all members of the Stanford community. They are supposed to help resolve workplace problems by providing confidential listening, help with navigating the sometimes unwieldy Stanford administration, an impartial third party for conflict resolution, and similar services. Both appear genuinely interested in helping postdoctoral fellows, who use their services frequently, and are well-informed, conscientious, and usually helpful. Ellen Waxman is also the University's mediation coordinator and is currently helping to create a grievance procedure for postdoctoral fellows.
 
Medical School Ombudsperson
 
University Ombudsperson
 
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Stanford Resources

Stanford Grievance Procedure (or downloadable PDF version)
Stanford Sexual Harassment Policy Office

Government Resources

US Equal Employment Opportunities Commission, EEOC
Califonia Department of Fair Employment and Housing
File complaints here to protect your legal rights. Note deadlines!

Nonprofit organizations

American Association of University Women
We Advocate Gender Equity

Academics fighting against discrimination at Stanford and elsewhere

Frances Conley
Women faculty in MIT science departments

Cheap legal help in employment/termination matters

Workplace Fairness (Formally National Employee Rights Institute)
Click on their Publications link for various useful books published by them.  Of particular interest for recently terminated employees:
Job Rights & Survival Strategies
This book is an easy to read guide about understanding your rights and coping with the loss of a job. Lots of useful information in an easy to digest manner.
 
Topics: Can this Job be saved? Ending the employment relationship; Taking care of your finances; Terms of Employment; A crash course in employment and discrimination law; Taking action; Other survival strategies
 
Another relevant book: Every Employee's Guide to the Law by Lewin G. Joel; Pantheon Books, New York. This book is more detailed and addresses laws that govern the employer-employee relationship and your rights in the work place. Topics: The hiring process, The employment relationship, Wages and Hours, Fringe Benefits, Discrimination and related issues, Rights to privacy/Access to records, Health and safety, Discipline and discharge, Workers Compensation, Unemployment Compensation, I 'm getting screwed -- what can I do about it? Unions.
 
Suggestions for other useful Web sites and resources are always welcome. Email a suggestion to the SUPD co-chairs
 
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