Coverage

(1) Access to Mediation. Access to mediation services under this rule is available to most employees currently in state service as a voluntary means of resolving workplace issues. Access to mediation services under this rule shall not be available to those employees excepted under the terms of T.C.A. § 8-30-102(b) or former employees who have otherwise separated from state service prior to the request for mediation. (2) Definition of Workplace Issues. For purposes of this rule, “workplace issues” may include, but is not limited to, the following: (a) Disciplinary action taken against an employee involving suspensions, and involuntary demotions (if the request is made within fourteen (14) calendar days of the disciplinary action, or at any point during the disciplinary appeal process, if applicable); (b) Workplace harassment and discrimination as defined by the Department; (c) Violations of the Abusive Conduct in the Workplace Policy as defined by the Department; TENNESSEE EMPLOYEE MEDIATION PROGRAM CHAPTER 1120-14 (d) Performance and/or conduct issues, unless excepted under the terms of 1120-14- .02(3); and (e) Other workplace issues involving a relational, communication, or values conflict in state government employment. (3) No Grounds for Complaint. Nothing contained in this rule shall be construed to create or provide any substantive or procedural right or interest in state government employment, and the denial of access to mediation services shall not constitute any grounds for complaint or appeal. (4) Voluntary Participation. Participation in mediation shall be voluntary and conducted only by agreement of both parties. Employees who participate in or opt out of mediation shall do so without interference, coercion, reprisal, discrimination, retaliation, or harassment.