Job Posting: Grantham University

The for-profit, on-line university based in Kansas City, MO is hiring a Compliance Officer/Ombudsman. According to the posting, the position is responsible for "ensuring consistent compliance with all federal, state and accreditation statutes, rules, regulations and standards" and "will also serve as the designated dispute resolution officer (ombudsman) to provide assistance in resolving student grievances." 

Grantham does not have an existing Ombuds program.Applicants must have a bachelor's degree; a JD degree and two or more years of experience in higher education administration are preferred. Applications are due March 6, 2012; No salary indicated. (Higher Ed Jobs.)

Job Posting: McKesson

McKesson Corporation, the largest health care company in the world and 15th largest company in the United States, is hiring a "Director Employee Relations\Ombudsperson" for its Specialty Care Solutions and US Oncology division in Texas. According to the posting, the position is... 

Responsible for the development, implementation and evaluation of various Employee Relations initiatives and objectives. Proactively leads strategic planning and consultation to management in understanding the impact of a broad range of Employee Relations issues and activities and its influence on performance and productivity. Counsels employees, supervisors and management when necessary to help resolve conflicts. Has responsibility to investigate and resolve issues surfaced across all CSA practice locations. Responsible for the 'Open Door' and other ER programs. Reports to Senior Vice President Human Resources for MSH. 

Applicants must have a bachelor's degree in business or industrial relations (Master's degree preferred) and at least 10 years of experience. No salary or closing date indicated. (McKesson Jobs.)

Job Posting: Savannah State University

The historically black university Georgia is hiring a "Student Ombudsman & Advocate." The position description does not conform to IOA standards--e.g., although confidential, it is expected to "provides advocacy" and to "maintain permanent and pertinent records." Nonetheless, this is a new position for the university. Applicants must have a bachelor's degree and 2-3 years of experience in a college/university setting. No salary or application deadline indicated. (Higher Ed Jobs.)

The Ombuds Year in Review: 2011 (Part I)

Overall, the past year has been a positive one for Organizational Ombuds profession. Several of the top stories of this year echo those of 2010. The list will be posted in three installments: today, December 20 and December 22.

10. In Memoriam -- Several notable Ombuds passed away in 2011, including: Walter R. Lynn (Cornell University); Florence Boroson (SUNY Stony Brook Ombudsman); John Wanjala (Portland State University); Robert John Ackermann (University of Massachusetts Amherst); Lee Preston (University of Maryland). Their contributions to the field and to their organizations were invaluable, and they will be missed.

9.  Post on New UCF Ombuds Draws Record Views -- A post on October 17 described a YouTube video by Shreya Trivedi, who was appointed the University of Central Florida Ombuds earlier in the year. Although the video has been viewed just a few hundred times, the Ombuds Blog post has been viewed more than 5,200 times. Go figure.

8. IOA Expands Outreach Efforts -- The association accomplished several things this year including: the creation of Regional Advisory Committees for international members; approval of a trademark for certification; a major upgrade for its website; creation of international scholarships to its annual conference; its first webinar series (on bullying); and the translation of its Code of Ethics and Standards of Practice into Spanish and French.

7. NY Ombuds for Developmentally Disabled Breaches Confidentiality -- Ombuds and others were appalled to learn that New York State's Ombudsman for the Office for People With Developmental Disabilities had been revealing the names of whisleblowers routinely.  The ethical breach undermined confidence in Ombuds of all types.

Related post: The Ombuds Decade in Review (2010); The Ombuds Year in Review: 2010.

New York State Ombuds for Developmentally Disabled Routinely Breached Whistleblowers' Confidentiality

The NY Times is reporting that the Ombudsman for the Office for People With Developmental Disabilities has been revealing the names of whisleblowers. The state agency that oversees thousands of group homes advertises that its Ombuds are required by law, “receive and keep confidential any complaint” from parents, advocates and anyone else, including state employees. However, agency officials now concede that their internal policy has for years been to encourage Ombuds to turn over the names of whistleblower employees when they report abuse or neglect.

Later this year, the Office for People With Developmental Disabilities Ombuds program will be transferred to the NY State Commission on Quality of Care and Advocacy for Persons With Disabilities. Roger Bearden, the agency’s commissioner, told the Times that the program would change under his watch. “We intend to preserve confidentiality for people who communicate with client advocates or ombudspersons,” he said. (NY Times.)

Volunteer Opportunity: Midpeninsula Regional Open Space District

The regional greenbelt system near San Francisco Bay is seeking a volunteer Ombudsperson to assist residents in their interactions with the District and facilitates conflict resolution when needed. The District Ombuds is appointed by the Board of Directors and to work independently and provide objective upward feedback when appropriate.

Applicants should have facilitation and conflict resolution skills; familiarity with the District mission and purpose; and knowledge of land and property use issues. This is a one-year, part-time, unpaid position. Expenses incurred in the course of business will be fully reimbursed. District volunteers are covered by Workers’ Compensation insurance. Application deadline is August 22. (MROSD.)

Although the position is precluded from "issues that are privileged or confidential, or which involve personnel, labor relations, legal matters, or Board decisions," this may still be an attractive opportunity to gain relevant work experience with an Ombuds title.

Petrobras Ombuds Takes on New Duties

In his latest column, Paulo Otto von Sperling, Petrobras' General Ombudsman, says that he is assuming "major responsibilities for strengthening the values of Ethics and Transparency, which make up the Company’s organizational culture." The changes have been prompted by the migration of Petrobras' workforce away from a central headquarters. In addition, the Ombuds will be responsible for coordinating activities related to new petroleum industry agreements designed to increase transparency and corporate responsibility. (Petrobras Ombudsman Column.)

Related posts: Petrobras Ombuds Launches Monthly Column; Petrobras Ombuds Discusses Religion in the Workplace.

Update: California State University San Marcos Appoints First Ombuds

CSUSM has appointed Willie “Derrick” Crawford to the newly created position of Associate Vice President of Diversity and Educational Equity and Ombudsperson. Crawford leaves a position as the Chief Diversity/EEO Officer at The Citadel in South Carolina. Previously, he was the National Football League’s director of human resources and senior compliance officer. (San Diego Union Tribune.)

Prior: Job Posting.

Job Posting: University of Connecticut

The public university in Storrs is hiring a part-time University Ombuds. The balance of the work (classified as an Administrative Services Specialist II) includes managing office functions for the Director of Transportation, Logistics and Parking, including coordination of parking appeals.

Applicants for the union position must have associate's degree or equivalent and three to five years experience. A bachelor's degree and knowledge of university parking regulations and policies; experience in conflict resolution; and experience interacting with law enforcement officers are preferred. No salary indicated; applications are due by January 14, 2011. (Husky Hire, Ref. No. 2011325.)

Earlier this year, an ad hoc committee issued recommendations foster a civil and respectful work environment at UConn, and suggested hiring an Ombuds. However, it is not clear whether this position responds to that suggestion. (Something's Happening Committee Update.)

Is the BP Disaster a Wake-up Call for the Ombuds Field?

John Zinsser is a vigorous and thoughtful advocate for Organizational Ombuds, but he is no Pollyanna. He is currently concerned about the role of the Ombuds program at BP and how that will impact perceptions of the field by the public at large, the management/leadership communities and the politically powerful.

Zinsser summarizes the history of BP's Ombuds program and its relationship to the Deepwater Horizon oil spill.

1. BP Hired a retired formal Judge and a team that has been as large as 12 to receive complaints as Ombudsman....
2. Data available to the public suggests they have managed approximately 200 inbound cases per year. * * * No data is available for later years, even though BPs sustainability report, which annually mentions the Ombuds Program and names Sporkin each year, provides annual case load numbers for its “Open Talk” program. This data suggests case loads for “Open Talk” ranging between 825 in 2009 to over 1000 in 2006, while siting only “43″ cases for the Sporkin lead Ombudsman Office in its first year.
3. BP’s U.S. Office of the Ombudsman, as they call it, is potentially the most expensive Ombuds Program in the world. Especially when considered on a per case basis.
4. This office received a complaint regarding non-compliant behavior that could impact safety of deep water oil rigs operating in the gulf of Mexico. The source of this claim is terminated from BP.
5. The Office of the Ombudsman:
∙ Publicly acknowledges the complaint
∙ Declares the complaint substantiated
∙ Admits that they (Ombudsman) had knowledge of the issue PRIOR to the compliant
∙ Admits the issue exists AFTER the complaint, and the termination of the author of the complaint, and
∙ Accepts BP saying the issue is remedied with out any documentation.

Zinsser is very troubled by the implication that the BP Ombuds could have averted the disaster if it had been been properly structured and actually honored by BP executives. Furthermore, it is no consolation to Zinsser that the BP Ombuds program does not follow either the IOA or USOA standards of practice. 

He concludes that the Ombuds field will "remain a small, caring, dedicated profession, that is misunderstood, if thought of at all," if it "continues to allow the word ['Ombuds'] to describe an exceptionally broad range of structural and behavioral uses." (Conflict Benefit Blog.)

Related posts: Critics Question Independence of BP Ombuds; BP Ombuds Could Draw Scrutiny in Gulf Oil Spill Investigation; Altman Weil Endorses Ombuds Programs for Large Law Firms; Ombuds as Solution to the Financial Meltdown.

Washington University in St. Louis to Create Ombuds for Faculty

WU Provost Ed Macias has promised to create an Ombuds for faculty. The commitment comes in response to a recommendation from the Advisory Committee on Women Faculty that was included in a report on diversity at the nonsectarian, private research university.

The Advisory Committee on Women Faculty recommended creating the position of ombudsperson "to provide confidential, independent, nonpolitical, and knowledgeable counsel and, where appropriate, advocacy for faculty members." The Provost reportedly has identified a faculty member for the role and will announce this position when it is finalized. In addition, the Provost has been making similar efforts to create a parallel position for the WU medical campus. The university continues to provide five faculty members as Ombuds for student issues. (WU Provost Spring 2010 Diversity Report; WU Ombudspersons.)

The creation of an Ombuds program for faculty issues will definitely supplement the on-going work of other WU Ombuds and bring the campus more in line with other research universities that have Ombuds programs for all constituents. It is commendable the the Advisory Committee on Women Faculty saw that an Ombuds would be a valuable resource for the faculty. It is also appropriate that the Ombuds would "provide confidential, independent, nonpolitical, and knowledgeable counsel." However, it is surprising that the new position would also be seen as providing "advocacy for faculty members." Whether the Committee intended to deviate from the prevailing standards of practice is uncertain, but if implemented as such, WU would be have a program that is fundamental different from most university Ombuds offices. The Ombuds' duty of neutrality would be immediately swallowed by the perception of advocacy. Th result would be an Ombuds that is seen by administrators as a solely an advocate for faculty issues, rather than as a trusted nonpolitical counsel.

Eastern Carolina University, Please Don't Call it an Ombuds Office

The public university in Greenville North Carolina has had an "Office of Ombudsman" since at least 2005.  However, it is indistinguishable from the Dean of Students Office in most respects.  For example the ECU Ombuds authorizes exceptions to the student alcohol policy and provides excuses for student absences due to university activities. 

These are appropriate duties for the Dean of Students and just mislead people about the role of an Ombuds.  ECU should drop the pretense of the 'Ombuds' label.  (http://www.ecu.edu/cs-studentlife/ombudsman/.)

Hood College Implements Discrimination Policy That Requires Ombuds to Report

The private liberal arts college in Frederick, Maryland has instituted a new policy for the prevention and resolution of discrimination and harassment. Policy 55 designates the College Ombuds as one of several resources for complainants and outlines the type of advice the Ombuds must dispense.  However, Hood's policy also requires the Ombuds to "inform the Executive Director of Human Resources or her designee of the complaint." (Hood College HR.)

Jan Samet O'Leary, director of the library, will finish a five-year appointment as Hood's second Ombuds this summer. Her replacement has not been selected.

Update: University of Missouri, Kansas City Opens Search for Faculty Ombuds

UMKC is conducting an internal search for its first Faculty Ombuds. The part-time position works only with faculty and reports to the Provost for a two-year term. The job description generally follows IOA best practices, with one significant exception:

"When called upon by the provost, the Ombudsperson will conduct informal reviews and will recommend appropriate action." An earlier report that the position would be limited to matters from UMKC's School of Arts & Sciences appears to have been incorrect or the scope of the position has been increased. (UMKC Provost Blog; UMKC Ombuds Position Description.)

Prior post: University of Missouri, Kansas City, Will Create Ombuds for Some Faculty.

Report by Ombuds Becomes Critical Evidence in Lawsuit Against University

On November 12, the University of Southern Mississippi was largely successful in defeating the claims of a tenured professor, Chauncey M. Depree. The US Court of Appeals for the Fifth Circuit upheld the ruling of the trial court, which had dismissed nearly all of Depree's allegations that USM wrongly stripped him of his teaching duties and evicted him from his office because he had criticized the university. On the issue of whether the university had violated the professor's free speech rights, however, the appellate court returned the case to the trial court for further hearing. The appellate court found that the case presented complex First Amendment issues, particularly in light of a report prepared by UMN's Ombuds.

According to the court's summary, the case arose when faculty from the business USM business school complained about Depree's allegedly negative and disruptive behavior, and failure to engage in scholarly or professional activities. The University President relieved Depree of his teaching obligations and barred him from the campus. (Depree retained his title, tenure and salary despite USM's actions.) The President also requested the Provost to have the Ombuds investigate the charges against Depree. The Ombuds produced a report containing what the court characterized as "wholly dispassionate conclusions and recommendations." It was this report that gave the court a reason for the appellate court to remand the case for further development. The court said, "the late intervention of the Ombudsman report and [the President’s] response to it have created a factual moving target." The USM Ombuds is not identified by name in the court decision, nor is there a USM webpage for the Ombuds. (Depree v. Saunders, 2009 U.S. App. LEXIS 24969 (5th Cir. Miss. Nov. 12, 2009); Depree USM Bio.)

Organizational Ombuds, especially those in higher education will be quick to point out that they never conduct investigations at the behest of administrators and never issue written recommendations regarding the resolution of specific cases. Unfortunately, for Ombuds practicing in Mississippi, Louisiana and Texas, the case law now indicates otherwise.

Review Board Knocks GWU Med School for Deficient Ombuds Program

When the Liaison Committee on Medical Education put George Washington University's School of Medicine on probation last fall, the university downplayed concerns, citing superficial and easily remedied problems. Now the Washington Post has obtained confidential documents that reveal the deficiencies were considerably more serious. According to the accrediting agency, the problems “seriously compromised the quality of the medical education program” at GWU. Among other problems, “Accreditors noted a potential conflict at GWU because the ombudsman who handled student complaints also led the committee that evaluated students.” Although further details were not available, the Ombuds program has yet to be revised. (Washington Post; GW Hatchet; GWU 2004 Resident Manual.)

While the Washington Post does not reveal other details about the GWU Ombuds program, the conflict of interest is a critical defect. Organizational and Classical Ombuds both share the common characteristics of independence, impartiality and confidentiality. The American Bar Association observed that:

The ombuds’ structural independence is the foundation upon which the ombuds’ impartiality is built. If the ombuds is independent from line management and does not have administrative or other obligations or functions, the ombuds can act in an impartial manner. [¶] Acting in an impartial manner, as a threshold matter, means that the ombuds is free from initial bias and conflicts of interest in conducting inquiries and investigations. (ABA Revised Standards for the Establishment and Operation of Ombuds Offices.)

Obviously, the GWU Ombuds program was not practicing in conformity with IOA, USOA or any other recognizable standard for Ombuds. Having administrative oversight of the student complaint process was a clear conflict with the Ombuds’ other responsibilities. For the accrediting agency, this failure to follow established programmatic norms was cause for concern. This particular case is significant for the Ombuds profession because it marks the first time a university has been cited for a deficient Ombuds program. The lesson for universities is that their Ombuds programs should reflect existing standards.

S&P Launches Ombuds Office; Details Still Scarce

The website for the new Standard & Poor’s Ombudsman went live yesterday. The homepage explains:

At S&P, our Ombudsman will listen to issues and concerns and ensure that all channels within the Company to resolve those issues have been effectively utilized. Although not every issue or concern can be resolved to the satisfaction of all parties, the processes to be followed by the Office of the Ombudsman will offer a balanced and independent approach to resolution.

There is no indication that the S&P Ombuds program is designed in compliance with IOA, USOA or any other standards of practice. (S&P Ombuds.)

Prior posts: S&P to Hire Ombuds; Standard & Poor's Appoints Ombuds.

Trucking Firm Settles Discrimination Lawsuit and Agrees to Hire Ombuds

The Equal Employment Opportunity Commission announced that it had settled a major sex discrimination lawsuit against Pitt Ohio Express, a carrier with 2,700 employees headquartered in Pittsburgh, Pennsylvania. Under the terms of the settlement, the company will pay $2.43 million and provide other remedial relief to resolve claims of unlawful discrimination against women. Among other steps, Pitt Ohio must designate an in-house Ombuds to informally resolve workplace issues that may arise from women filling driver and dockworker jobs. Unfortunately, the court seems to have avoided consulting any relevant authority in creating the Ombuds program. The consent decree states:

Pitt Ohio will appoint from its human resources department an ombudsperson to resolve informally issues arising from or which result from women entering driver and/or dockworker positions pursuant to the terms of this Decree. To the extent necessary, Pitt Ohio will issue procedures for submission and handling of issues by the ombudsperson. The ombudsperson will not be the person in the human resources department responsible for responding to EEO charges or other EEO compliance.

Hopefully, someone will take the time to learn about how an Ombuds program should be structured before this is implemented. The case is EEOC v. Pitt Ohio Express Inc., N.D. Ohio, No. 06-747 (Consent Decree; EEOC Announcement; OHS Online.)

Related post: Nike Settles Discrimination Lawsuit, Agrees to Ombuds; Study: Settling Better Than Winning a Lawsuit.

What the Heck is the U.S. Office of the Independent Ombudsman?

This month saw the debut of a curious website for the U.S. Office of the Independent Ombudsman. According to the site, "The OIO comprises of a trusted team of advocates and business advisors providing the highest degree of professional service in resolving complaints, disputes and procedural issues." It offers the following services: Hotline; Research & Investigations; Alternative Dispute Resolution; Mediations; Compliance Issues; and Advocacy. It claims to be a member of USOA, TOA, and IOA. In addition it claims as members many state and local government agencies (including the Texas Youth Commission, Austin ISD, and the University of Texas at Austin), federal government agencies (including the VA, TSA, DOD, and EPA), and corporate entities (PBS/NPR, BP America, IBM, Microsoft, and Neiman Marcus). (USOIO Home.) None of these memberships or members could be confirmed. Moreover, the telephone number provided is not in service.

Other evidence casts doubt on the legitimacy of OIO. Its logo is the coat of arms for Poland. Although located in Texas, the entity is not registered with the Texas Secretary of State. OIO's website says that it is "a division of Mansour Mubaarak & Hogue LLP," a Houston research, management consulting and advocacy firm. Mansour Mubaarak has the same phone number and is the registered owner of the OIO web domain. In addition, Mansour Mubaarak is "an affiliate of Da Vinci & Lombardi SA," a merchant banking and consulting firm with offices in Paris, New York and Houston. (Mansour Mubaarak & Hogue; Da Vinci & Lombardi; Whois Results; Wikipedia - Poland Coat of Arms.)

So, what the heck is the U.S. Office of the Independent Ombudsman? The best explanation may be that it's just a front company. But why? (See Wikipedia - Front Organization; Boing Boing - Donna Blue Aircraft.)

Former Professor Recounts Troubling Encounter with Ombuds

In yesterday's Chronicle of Higher Education, a former professor from a "metropolitan university in the South" tells how he was accused of sexual harassment nearly a decade ago. The anonymous author in fact was innocent of the charges–-someone with a remarkably similar email address had sent several messages to his student demanding sex for a higher grade. Although he quickly denied that the emails were his, he was summoned to a meeting with the "university ombudswoman," who confronted him with the evidence and presented an agreement for him to seek psychological help for his behavior. Upon providing a list of dozens of existing email addresses on Hotmail that were similar to his, the suggestion of fault evaporated.

Although the focus of the article was on the false accusation and presumption of guilt, the professor was clearly troubled by how the case was handled by the Ombuds.

The meeting adjourned. The dean, never one for gracious damage control, disappeared. The ombudswoman made some pleasant conversation as I put on my jacket and collected my things. But no one in the room apologized. No one there expressed concern regarding the impact the event might have had on me or my reputation. Their immediate presumption of my guilt was apparently not to be regretted by anyone but me.

The professor concludes his tale with a warning: "Until we devise more-sophisticated approaches for handling this complex problem on campuses, we will continue to see potentially clumsy responses that further complicate an already painful problem." (Chronicle.com.)

This article is no doubt raising the blood pressure of many university Ombuds. The behavior of the unidentified Ombuds clearly violated the prevailing ethical standards of the University and College Ombuds Association and its successor professional organization, the International Ombudsman Association. Under these standards, Ombuds are barred from making administrative decisions for administrators, determining "guilt" or "innocence" of those accused of wrong-doing, or assigning sanctions to individuals. Ombuds have a duty to be neutral, independent, informal and, most especially, confidential.

Of course, the story may not be accurate, but there is no opportunity for the Ombuds to tell her side. The unfortunate effect is that readers will reach a mistaken conclusion about the role of the Ombuds and may avoid working with the rare safe resource for those wrongly accused.

Related post: University of Iowa Endorses Ombuds Office After Faculty Suicide.