Audit by University of Virginia Finds No Record of Bullying, Upholds Role of Ombuds

An internal audit by UVA has found that the University took "appropriate actions" in handling a situation earlier this year at the Virginia Quarterly Review in which an employee committed suicide. The case drew national attention when the decedent's relatives and friends alleged that the suicide had resulted from bullying by the managing editor of the award-winning journal. Now the University is defending its actions and is reiterating that it would have had no notice of complaints heard by the Ombuds.

The audit seems designed to mitigate the University's potential liability, but the report did not absolve the alleged bully entirely, recommending "appropriate corrective action" be taken for his management style. UVA's report also recommended clarification for the handling of personnel complaints, including the role of the Ombuds.

[Audit Suggestion:] Clarity needs to be established for institutional employees regarding the differing roles of Employee Relations, the Ombudsman, the Office of Equal Opportunity Programs and the Faculty & Employee Assistance Program (FEAP). Notifications to at least two of these offices (FEAP and the Ombudsman) are held in strict confidence for the employee and are not considered to be institutional notification. Offices of the President, Vice Presidents, and Deans need to be aware that employee complaints made to their personnel may be perceived to be “institutional notification” more so than if the complaints are made to employees in other offices.

Management response: Clear charters need to be developed and prominently posted in the offices mentioned in this recommendation. The charter should specify whether the office’s employees may or may not hold the complaint in confidence and whether a complaint to the office’s employees constitutes notification to the institution. In each contact with a complainant, the Human Resources personnel should make clear the confidentiality status of the conversation and should refer to the charters explicitly when they are meeting with complainants. In cases such as the University Ombudsman, the charter should be explicit that the employee complainant can expect complete confidentiality and that talking with the Ombudsman does not constitute official notice to the University. In other offices, the default position should be that the Human Resources officer has the duty to report possible abuses and may not offer confidentiality to the complainant. Vice President Carkeek will have responsibility for carrying out these changes.

This would suggest that UVA will be considering a charter and/or revised materials for its Ombuds office. (UVA Internal Audit Department Report; Los Angeles Times.)

Prior posts: Sobering Story of a Suicide Offers Glimpse Into Work of Ombuds; University of Virginia Ombuds Provides More Details About Campus Bullying.

Montana State University Ombuds Reports Robust Growth in Cases

Nancy G. Dodd, the University Ombuds for MSU, says that she handled 90 cases in 2009-10, a 29% increase over the prior year. Dodd found that number and percentage of visitors who are professional employees continued to trend higher. She theorizes that this is due to changes in the economy that have reduced job security for staff.

The MSU Ombuds Office has been in place for eight years. Over that time, Dodd has seen the number of cases grow from just 10 in the first year. The office is on a trajectory to have at least 100 cases in the 2010-2011 year, a continuing sign of the perceived need for such a service for faculty and staff. (MSU Ombuds Report 2009-10.)

Related post: Montana State University Posts Annual Report.

University of Western Ontario Appoints Interim Ombuds

The public research university located in London, Ontario has named Jennifer Meister as its Acting Ombudsperson. Meister is filling in for UWO's Ombuds, Adrienne Clarke, through September 2011.

Meister previously worked in public relations at Info-Tech Research Group and in faculty recruitment and retention at Queen's University. She attended Algonquin College of Applied Arts and Technology and Carleton University. Anita Pouliot continues as the Assistant Ombuds. (Western News; UWO Gazette; LinkedIn.)

Related posts: University of Western Ontario Agrees to Changes Suggested by Ombuds; University of Western Ontario Ombuds Report Highlights Academic Accommodations; ENOHE-ACCUO 2010 Conference Embraces Diversity of Ombuds Practice in Higher Education.

Settlement of Class Action Filed by American Indian Farmers Will Create New Federal Ombuds Program

A class action lawsuit filed against the U.S. Department of Agriculture by Native American farmers alleging discrimination from 1981 to 1999. According to the terms of the settlement, which is expected to be confirmed by the federal court, a new Ombuds program will be created to address farm program issues relating to Native American farmers and ranchers as well as all other socially disadvantaged farmers and ranchers.

Details of the new USDA Ombuds program were not provided, but a Classical Ombuds program is expected. (USDA News Release.)

Related post: GAO Urges USDA to Hire Ombuds; Settlement With Black Farmers Will Create USDA Ombuds.

Fully Staffed UN Ombuds Program Issues Report on 2009 Activities

In its second annual report, United Nations Office of the Ombudsman and Mediation Services said that all staff positions have been filled. Regional Ombuds and case officers have been appointed to stations in Bangkok, Geneva, Khartoum, Kinshasa, Nairobi, Santiago and Vienna. Case volume continues to grow as the Ombuds and Mediation Programs become better known: 1,287 cases were opened in 2009, and there was a 33% increase in the first five months of 2010.

The UN Assistant Secretary-General and Ombudsman, John Barkat, said that his office has worked to reach staff in remote locations through videoconference technology, field visits, in-personbriefings, and departmental town hall meetings. These efforts have paid off as the Ombuds and Mediation programs have resolved about 80% of cases, thereby avoiding formal complaints to the United Nations Dispute Tribunal. The UN Ombuds and Mediation Office also identified several systemic issues and made recommendations. (UN Ombuds 2009 Report, UN Document A/65/303.)

Related posts: UN Ombuds Reports on Reorganization Efforts; UN Ombuds Reports Growing Demand for Service

Oregon State University Will Create an Ombuds Program

At his annual "State of the University" address, OSU President Ed Ray said that the university is on firm financial ground despite the state's budget woes. The institution has been bolstered by tuition from nearly 2,000 additional students and expects become more independent of the state government. The budgetary improvement will allow OSU to hire more faculty and, for the first time, an Ombudsperson.

In his prepared remarks, President Ray said:

Furthermore, I have authorized the creation of an ombudsperson’s office on campus reporting directly to me. The ombudsperson initiative is a strong acknowledgement that relationship challenges in a complex organization are inevitable, but we are committed to creating additional mechanisms through which we can address those challenges. Our commitment is to attend to strengthening the sense of community we have at Oregon State University.

No other details regrading the position have been released.  Perhaps President Ray will not need to look far to fill the position. Mirabelle Fernandes-Paul, an Association in the OSU Office of Women's Advancement & Gender Equity, has completed IOA training and volunteers with a community mediation program. (OSU Office of the President, Press Release, Office of WAGE; Corvallis Gazette Times.)

Friday Poll: Should Organizational Ombuds Disclose Their Interests?

The Legal Ombudsman is an independent service for complaints about lawyers in England and Wales that opened its doors on October 6. The service is independent and impartial. Although it is empowered to conduct formal investigations, it seeks to resolve complains informally. The office employs ten professionals, including eight Ombuds. One unique feature of the program is a detailed, quarterly disclosure of interests that may conflict with their work -- board interests, self employment, charities, public appointments, political activity, membership, close family links, etc. This level of disclosure is unprecedented in the Ombuds profession. No other Classical or Organizational Ombuds publishes potential conflicts of interest. On the other hand, many professional mediators indicate their interests for potential customers.  (Legal Ombudsman UK; BBC News.)

Organizational Ombuds share the same duty of independence and impartiality. However, most do not disclose potential conflicts until they become apparent and then usually only verbally. Do you think Organizational Ombuds should be more proactive about disclosing their interests?

• Yes, this is an important issue.
• No, I disclose verbally if needed.
• No, my public profile is sufficient.
• No, my private life is private.

Comments are always welcome in addition.

Prior: Friday Polls.