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Ombuds Office Charter

1.0 Introduction

Mount St. Mary's University is a Catholic liberal arts institution of higher education in the pursuit of truth. Mindful of its role in the Church's mission to the world and respectful of the religious liberty of all, the University affirms the values and beliefs central to the Catholic vision of the person and society and seeks to deepen understanding of our faith and its practice in just and compassionate engagement with the world (Mount St. Mary’s University Undergraduate Mission Statement). Our Undergraduate Mission Statement goes on to say that the Mount strives to graduate men and women who cultivate a mature spiritual life, live by high intellectual and moral standards, respect the dignity of other persons, see and seek to resolve the problems facing humanity, and commit themselves to live as responsible citizens.

The University Ombuds Office was established in September 2023 by President Timothy Trainor. The Office empowers student employees, faculty, administrators and staff with informal and confidential resources for conflict resolution. We provide amicable conflict mediation and coaching services and help connect student-workers and employees with resources inside the organization and occasionally outside of the University. MSMU Ombuds help community members consider available options for problem resolution, believing that conflict may be a gift heralding the need for positive change, a sign of the Holy Spirit's work among us.

2.0 University Mission and Values

As a Catholic university, Mount St. Mary's graduates ethical leaders who are inspired by a passion for learning and lead lives of significance in service to God and others.

As members of the Mount St. Mary's community, the Mount Ombuds office provides services consistent with the University's shared values:

  • A Student‐Centric Focus
  • Our Catholic Identity
  • Service to God and Others
  • Academic Excellence
  • Our People
  • A Transformative Learning Environment
  • Teamwork
  • Stewardship
  • Inclusion

3.0 Ombuds Office Values

The Office embraces the four values associated with the International Ombuds Association (IOA) and adheres to the IOA Standards of Practice and Code of Ethics. These values are independence (see paragraph 4.1), confidentiality (4.2), impartiality (4.3), and informality (4.4).

4.0 Standards of Practice / Code of Ethics

The Ombuds Office offers informal problem‐resolution and conflict mediation services, helping members of the community understand and navigate organizational policies and procedures. The Office offers a safe and voluntary space for conflict coaching for individuals experiencing tension with another community member. Visitors can expect that an Ombud consultation will help illuminate the options for problem resolution. The Office embraces the four values associated with the International Ombuds Association (IOA) and adheres to the IOA Standards of Practice and Code of Ethics.

4.1 Independence

In order to protect our independence institutionally, the Office is independent in function and appearance to the highest degree possible. In the context of a small university, Ombuds at the Mount operate in collateral roles and recuse themselves wherever formal decision‐making responsibilities overlap with a case. Without disclosing identifying information ombuds will consult with other personnel in the Office, but recusal will be exercised at the sole discretion of the consulting Ombud regarding individual matters or systemic concerns.

To the extent permitted by law, the Ombuds Office has access to all University officials and records as needed to carry out the functions of the Office. To fulfill its functions, the Office shall have adequate and secure space and administrative and budget support.

4.2 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 visitors to the Office or the content of conversations unless the visitor explicitly permits disclosure. Ombuds services are confidential; the office does not maintain records of contacts with visitors or report any information about the visitor consultations without the explicit permission of the visitor.

The office does not generally share its records with the university. Communications between the Ombudsman and others are considered privileged. The privilege belongs to the ombuds and the Ombuds Office rather than to any party to an issue. The only exception to this pledge of confidentiality is when the Ombudsman determines that there is an imminent risk of serious harm.

4.3 Impartiality

Ombuds are impartial and function as neutral parties; they refrain from advocating for any party in a dispute. Ombuds do not take sides in any conflict, dispute, or issue. The Ombuds Office shall consider the interests and concerns of all visitors impartially to facilitate communication and support a fair and equitable process. The Ombuds shall avoid involvement in matters where there may be a conflict of interest.

4.4 Informality

The Ombuds Office offers informal problem‐resolution services as an alternative to existing formal policy interventions and helps the community understand and navigate organizational policies and procedures. Visitors can expect that an Ombud consultation will help illuminate the options for the next steps in problem resolution. The Office does not investigate, arbitrate, adjudicate, or in any other way participate in anyinternal or external formal process or action relevant to a case. Use of the Office will be voluntary and not a required step in any grievance process or university policy. The office is not an office of notice to the university. As set forth more fully below, the Ombuds neither acts as an agent for nor accepts notice on behalf of the University but may refer individuals to the appropriate place where formal notice can be made.

5.0 Appointment, Terms and Evaluation

The Ombuds will report to the president through biannual status updates and discussions of the annual report. In addition, the Ombuds will have access to the president of the university as needed. The VP and chief equity and people officer will handle routine administrative matters and management oversight. Management oversight includes annual budget requisitions, supervision of the term renewal and staffing process, and periodic review of survey results.

Ombuds will serve in three‐year overlapping terms so that there is always a senior Ombud and a newer‐serving team member. Ombuds may renew their three‐year terms once. Ombuds serve at the pleasure of the president and may be removed as necessary to protect the integrity of the Office.

5.1 Reporting Structure and Evaluation

The Ombuds will report to the President through biannual status updates and discussions of the annual report. In addition, the Ombuds will have access to the president of the university as needed. The VP and chief equity and people officer will handle routine administrative matters and management oversight. Management oversight includes annual budget requisitions, supervision of the term renewal and staffing process, and periodic review of survey results.

Ombuds will serve in three‐year overlapping terms so that there is always a senior ombud and a newer‐serving team member. Ombuds may renew their three‐year terms once. Ombuds serve at the pleasure of the president and may be removed as necessary to protect the integrity of the office.

5.2 Appointment

Essential skills and traits for ombuds at the Mount include integrity, compassion, courage, excellent communication skills, and robust group facilitation capacities. In addition, ombuds should have a systems perspective that understands how various university offices, policies, and personnel operate. They may come from any employee population (faculty, staff, administration) and should be credible to the community as impartial mediators who can help empower community members to grow in their problem‐ solving capacities.

5.2.1 Collateral Duties

As a small liberal arts university, the Ombuds Office is staffed by personnel who hold collateral roles in the institution; they serve in other capacities as staff, administrators or faculty. The office will have at least two ombuds who receive professional training equivalent to that offered by the IOA per the IOA Standards of Practice and Code of Ethics. These standards allow them to minimize conflicts of interest due to reporting relationships or other leadership roles (e.g., committee chairs, department chairs, supervisors, or council or task force leadership). Ombuds will recuse themselves if there is even a hint of a conflict of interest and refer the visitor to the other ombud in the office.

5.3 Term Renewal

Ombuds who want to serve a second three‐year term should indicate their intention to renew by January 1 of their second year. If the president or VP and chief equity and people officer does not detect performance issues associated with the ombud through satisfaction surveys or other complaints, the term shall be renewed once. If the ombud does not seek a renewed term, the VP and chief equity and people officer will solicit interest and nominations for a new Ombuds and conduct a search process involving key campus constituencies (e.g., HR, President's Office, Academic Affairs, Student Affairs, Inclusive Excellence Committee).

5.4 Charter

This charter remains in effect unless revoked. The charter shall be approved and signed by the president after review by the Office of the VP and Chief People and Equity Officer, who will consult with HR professionals, legal counsel, and the Title IX Office.

The charter shall be reviewed regularly after receipt of the Ombuds Office's annual report. Subsequent amendments or modifications will be reviewed through the Mount Council governance process. The president may continue or discontinue the Ombuds Office in communication with the Mount Council governance structure.

6.0 Operational Considerations

6.1 Responsibilities

The Ombuds Office assists visitors in resolving disputes apart from any formal policy or proceeding in the university. Participation in an ombud consultation is strictly voluntary, whether the consultation is for an individual or a group. The ombud does not act as an advocate for any party in a dispute; instead, they advocate for a fair and impartial process.

Ombuds inform visitors of organizational policies and procedures and refer visitors to appropriate resources/processes, whether internal or external.

6.2 Privacy

Ombuds will have access to an office that will protect visitors' privacy but will be willing to meet in a neutral space on campus that can accommodate visitor privacy and safety preferences (e.g., Mount Café, Library, PAC).

6.3 Procedures

6.3.1 Commencing the Visit

At the start of each visit, Ombuds at the Mount will remind the visitor of the key values governing the relationship (confidentiality, informality, independence, and impartiality) and records protocols. Visitors should expect that the Ombuds will listen to the outline of the case and will help the visitor understand their options in the situation.

6.3.2 Reporting and Records Retention

Ombuds may take notes during a consultation but will dispose of records after each visitor case to ensure confidentiality. The office will maintain anonymous demographic information about the numbers of visitors and the types of issues engaged, tracking complaint categories consistent with the IOA Uniform Reporting Categories (e.g., Compensation and Benefits, Evaluative Relationships, Peer and Colleague Relationships, Career Progression and Development). The Office uses this information to provide an annual report to the president and cabinet executives regarding trends or systemic matters arising from work with visitors.

6.3.3 Feedback

The ombud will send a link to an anonymous satisfaction survey at the end of the case to collect information about the consultation for evaluating the office and the ombuds' effectiveness.

6.4 Administrative Support

The Ombuds Office has administrative support to the degree necessary for smooth operations. Administrative support tasks include helping identify spaces for training, group facilitation, and consultations if necessary; creating Zoom links for virtual visits; designing and distributing flyers and other promotional media; managing invoices; and creating at‐a‐glance contact sheets for crucial personnel on campus.

7.0 Jurisdiction

7.1 Authority

Ombuds in the Mount Ombuds Office have the authority to initiate informal inquiries on any matter arising from information shared by a visitor or campus office. In pursuing an informal inquiry, they may access relevant organizational information from any office.

7.1.1 Policy Processes

Ombuds abstain from institutional policy formulations, though they may use trend data prepared for inclusion in annual reporting to make recommendations regarding policy matters.

7.1.2 Recusal

Ombuds may withdraw from cases at the Ombud's discretion. Ombuds will recuse themselves from cases due to actual or potential conflicts of interest.

7.2 Limits

7.2.1 Formal processes

Ombuds at the Mount do not participate in formal processes associated with a visitor's case, including disciplinary cases, Title IX issues, and formal employee complaint resolution. In situations where a visitor matter potentially conflicts with an ombud's collateral duties, the ombud may choose to recuse from engaging that visitor if they are likely to participate in formal processes involving a visitor. Ombuds at the Mount are not mandatory reporters under Title IX.

7.2.2 Receiving notice for the organization

Communication to the office will not constitute notice to the university about the existence of any problem, including but not limited to alleged incidents subject to reporting under the Clery Act or Title IX.

7.2.3 Providing notice for the organization

If a user of the Ombuds Office would like to put the university on notice regarding a specific situation or desires that certain information be communicated to the university, the ombuds will direct that person to the appropriate personnel at the university.

7.2.4 Advocacy for parties

The office will not participate in any legal matter, either on behalf of the University or on behalf of a visitor, nor will the office advocate for any party in a dispute, whether internal or external to the university.