91²Ö¿â

Charter Agreement for the 91²Ö¿â Faculty Ombuds, March 2024

  1. INTRODUCTION

    The Faculty Ombudsperson (hereinafter “the Ombuds”) provides a mechanism where faculty questions, concerns, and feedback about the functioning of the University and personal work interactions can be discussed confidentially in a safe environment. The Faculty Ombuds office was created to help fulfill the University's commitment to its faculty and to assist with faculty support, faculty retention, improved faculty collaboration and communication, and improved faculty experience. The Faculty Ombuds can also assist with belonging efforts and help to identify and address systemic issues and trends.

    The Ombuds offers an informal setting where concerns can be expressed, potential solutions can be explored, resources and referrals can be made, conversations can be facilitated, and the faculty member can find ways to proceed that fit their situation. The Ombuds operates independently as a supplement to existing administrative and formal dispute resolution policies and processes and has no formal decision-making authority, nor is it an office of notice. The Ombuds is not an advocate for either side in a dispute. Instead, they are an impartial advocate for fair and consistent treatment.

    Disputes and conflicts can often be opportunities to help the University understand how it can change and improve. Thus, the Ombuds promotes positive organizational change by facilitating improvements in University policies, procedures, services, and systems to better serve 91²Ö¿â’s mission. The University recognizes that the Faculty Ombuds serves an important role and public interest as a mechanism for amicable, prompt, and economical dispute resolution that may in many instances be preferable to formal grievance procedures and other proceedings.

    This document defines the privileges and responsibilities of the Ombuds.
     
  2. STANDARDS OF PRACTICE AND CODE OF ETHICS

    The Ombuds shall follow the International Ombudsman Association (IOA) Standards of Practice and Code of Ethics. These require that the Ombuds shall function independently of their organization, observe confidentiality and neutrality, and limit the scope of their services to informal means of dispute resolution. The Ombuds shall be truthful and act with integrity, shall foster respect for all members of the University, and shall promote fairness in the content and administration of the University’s practices, processes, and policies.
     
    1. Independence

      The Ombuds is independent in structure, function, and appearance to the highest degree possible within the University. The Ombuds will exercise sole discretion of whether and how to act regarding individual matters or systemic concerns. To the extent permitted by law, the Ombuds has access to all University officials and records as needed to carry out the functions of the office.
       
    2. Neutrality

      The Ombuds shall not take sides in any conflict, dispute, or issue. The Ombuds shall consider the interests and concerns of all faculty visitors impartially with the aim of facilitating communication and supporting fair and equitable processes and outcomes. The Ombuds serves no additional roles within the University that would compromise neutrality and shall avoid involvement in matters where there may be conflict of interest.

      The Ombuds will remain neutral and impartial. The Ombuds will not act as an advocate for any party in a dispute; the Ombuds will not represent the University or faculty visitors.
       
    3. Informality

      The Ombuds, as an informal resource, does not investigate, arbitrate, adjudicate or in any other way participate in any internal or external formal process or action. When a formal investigation is requested, the Ombuds shall refer individuals to the appropriate office or individual. Use of the service will be voluntary and not a required step in any grievance process or University policy. As set forth more fully below, the Ombuds neither acts as agent for, nor accepts notice on behalf of, the University, but may refer individuals to the appropriate place where formal notice can be made.
       
    4. Confidentiality

      The Ombuds holds all communication with those seeking assistance in strict confidence and takes all reasonable steps to safeguard confidentiality. The Ombuds does not disclose the identity of faculty visitors or the content of conversations unless permission has been given by the faculty visitor to do so. Communications between the Ombuds and others are considered confidential to the fullest extent recognized by law. There are two exceptions to this pledge of confidentiality: (1) when the Ombuds determines that there is an imminent risk of serious harm; (2) as required by 91²Ö¿â policy or state or federal law.

      If the Ombuds pursues an issue systematically (e.g., provides feedback on trends, issues, policies, and practices), the Ombuds will do so in a way that safeguards the identity of individuals.
       
  3. AUTHORITY OF FACULTY OMBUDS
     
    1. Discussions with Faculty Visitors and Others

      The Ombuds has the authority to discuss a range of options available to their faculty visitors, including both informal and formal processes, referrals to other resources, generic inquiries, and a variety of conflict management approaches. The Ombuds may make any recommendations they deem appropriate with regard to resolving problems or improving policies, rules, or procedures.

      If a faculty visitor to the Ombuds would like to initiate a grievance or other formal process, the Ombuds will provide that person with information so that the person may do so themselves.
       
    2. Initiating Informal Inquiries

      The Ombuds will be entitled to inquire informally about any issue concerning the University, exercising sole discretion over whether or how to act regarding individual concerns or trends. The Ombuds may initiate informal inquiries into matters that come to its attention without having received a specific complaint.
       
    3. Access to Information

      The Ombuds may request access to information related to faculty visitors’ concerns from files and offices of the University. Any University personnel contacted by the Office with a request for information are expected to cooperate and provide information as requested with reasonable promptness to the extent permitted by law.
       
    4. Confidentiality Resides with the Ombuds

      Confidentiality resides with the Ombuds, rather than to any party to an issue. Faculty visitors to the Ombuds cannot “waive” confidentiality.
       
    5. Ending Involvement in Matters

      The Ombuds may withdraw from or decline to look into a matter if they believe involvement would be inappropriate for any reason.
       
    6. Assistance After Investigations or Formal Processes

      Once a formal process has concluded, faculty may return to or visit the Ombuds, not as a result of the formal process, but for assistance with residual, informal conflict or concerns. The Ombuds has no authority to enforce, overturn, or participate in formal processes but may assist faculty visitors with managing such informal conflicts or issues.
       
  4. LIMITS OF FACULTY OMBUDS
     
    1. Receiving Notice for the University

      Except where the Ombuds is required by law, university policy, and/or this Charter to report, communication to the Ombuds will not constitute notice to the University. Because the Ombuds’ services are designed to be a confidential resource for informal conflict management, communication with the Ombuds is intended to be “off-the-record.”
       
    2. Putting the University on Notice

      If a faculty visitor to the Ombuds would like to put the University on notice regarding a specific situation, or desires that certain information be provided to the University, the Ombuds will provide that person with information so that the person may do so themselves.
       
    3. Formal Processes and Investigations

      The Ombuds will not conduct formal investigations of any kind.
       
    4. Reporting

      The Ombuds may maintain statistical data to assist in reporting trends and giving feedback, but only in a manner that reveals no information that could be used to identify individual faculty visitors to the Ombuds.
       
    5. Adjudication of Issues

      The Ombuds does not have the authority to adjudicate, to impose remedies or sanctions, to compel others to impose remedies, or to enforce or change University policies or rules.
       
  5. PROCEDURES/OPERATION

    The Ombuds shall establish consistent procedures, approved by the provost, to which the Ombuds shall adhere, and which shall be made available upon request. The Ombuds shall also publicize the independent, neutral, informal, and confidential nature of their services, and explain these ethical standards to each faculty visitor.

    The Ombuds may use the assistance of administrative staff to coordinate faculty visitor scheduling. The Standards of Practice, Code of Ethics, and other guidelines outlined in this document with respect to confidentiality and the identity of faculty visitors to the Ombuds shall apply to such staff member(s).
     
  6. RETALIATION FOR USING OMBUDS SERVICES

    The University and its agents will not retaliate against individuals for consulting with the Faculty Ombuds.
     
  7. PROCEDURE FOR REVOCATION OR REVISION OF THIS DOCUMENT

    This Charter will be reviewed at least once every five years by the Ombuds and Associate Provost for Faculty Affairs, with the Ombuds initiating the process. Either of these may request a review before five years have lapsed. 
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