Universities' Ombudsmen: Student Advocates Or Administrative Red Tape?

The role of an ombudsman is to provide a safe, confidential, and comfortable environment for students to discuss complaints, concerns, or problems privately. While the ombudsman office is a well-established presence at major research universities, it remains one of the lesser-known functions in higher education. The office is available to all students with questions or concerns related to their graduate experience and helps to resolve conflicts and promote fair and equitable treatment within the university.

The role of an ombudsman

Ombudsmen are independent and confidential resources that help to address concerns and resolve conflicts. They listen to complaints, clarify procedures, and discuss options. They do not advocate for any individual or take sides but rather promote fairness and impartiality. They are usually outside the regular chains of authority and reporting responsibility within a university.

Ombudsmen can act as intermediaries and open channels of communication between parties in a conflict. They help to achieve fair and equitable solutions to problems and make referrals to appropriate resources within the university. They also identify trends in areas of concern and can recommend policy changes to senior officers.

The history of ombudsmen

The concept of an ombudsman, or "ombuds", as it is often referred to in the United States, originated in Sweden. The term is derived from the Swedish "ombudsman", which translates to "the sovereign's representative".

The position of ombudsman was first created in Sweden in 1713 when the nation's absolute monarch had been voluntarily absent from the country for 13 years, and his subjects faced famine and poverty. The "Highest Ombudsman" was appointed to act as the king's representative and resolve difficult problems in his absence. In 1809, the Swedish Constitution institutionalised the role of the ombudsman as an agent of justice for the common man.

Today, ombudsmen can be found in a variety of institutions worldwide, including universities. In the US, ombudsmen are most commonly employed by government, business, media, and universities. The first ombudsman program at a US university was established by Michigan State University in 1967, in response to the political turmoil of the 1960s. The program was originally intended as a safety valve for student concerns, but it gradually expanded to serve other segments of the campus community, including staff, administrators, faculty, alumni, parents, and donors.

Ombudsmen in universities aim to assist individuals and groups in resolving conflicts and identifying underlying issues of concern. They provide a confidential, informal, impartial, and independent service, helping to prevent damaging and divisive conflicts from erupting on campus.

The benefits of having an ombudsman

Ombudsmen are a well-established presence at major research universities, and for good reason. Ombudsmen provide a range of benefits to students, staff, and faculty members.

Firstly, ombudsmen offer a safe and confidential space for individuals to voice their concerns and seek help. They are independent and impartial, operating outside of any regular authority chains, which means that visitors can trust that their best interests are being served without bias. This confidentiality is essential to the role, allowing individuals to speak freely and seek guidance without fear of retaliation or judgement.

Ombudsmen are also able to provide information and resources to help address concerns. They are knowledgeable about university policies and procedures and can explain them to visitors, empowering them to understand their rights and options. This includes helping individuals navigate formal processes, such as grievance or appeal procedures, and providing referrals to relevant support services.

Another key benefit of ombudsmen is their role in conflict resolution and prevention. They work to facilitate mutually satisfactory solutions to disputes, acting as a neutral mediator between parties. By doing so, ombudsmen can help to prevent conflicts from escalating and preserve a harmonious campus environment. They also identify underlying issues and trends in areas of concern, advocating for systemic change to create a more equitable and respectful university community.

Finally, ombudsmen promote fairness and equity. They ensure that all members of the university community, regardless of their position or power, have a platform to be heard and that their concerns are taken seriously. This can be especially important for students or staff who may feel marginalized or unable to access other support channels. By providing a space for these voices to be amplified, ombudsmen contribute to a more inclusive and just university culture.

The limitations of an ombudsman

While ombudsmen are a valuable resource for students, there are some limitations to what they can do and how they operate.

Firstly, ombudsmen are independent and impartial, meaning they do not take sides or advocate for any particular position. They aim to help all parties understand each other's perspectives and develop mutually satisfactory solutions. This can be a limitation when students are seeking a more zealous advocate to represent their interests and fight for their rights. The ombudsman's role is more of a "conflict coach", helping to define the problem and explore options, rather than taking a side and pushing for a particular outcome.

Secondly, ombudsmen work informally and do not keep formal records of meetings. While this can encourage students to speak freely and explore options without commitment, it may be frustrating for those seeking a more formal process or official documentation of their concerns. The informality of the process also means that ombudsmen cannot make, change, or set aside policies or previous decisions. They cannot determine guilt or innocence, assign sanctions, or make decisions on behalf of students or the university.

Thirdly, ombudsmen are confidential resources, meaning they will not share information presented to them without the express permission of the student. However, there are exceptions to this confidentiality. For example, if there is a risk of serious harm to oneself or others, or if required by law, litigation, or university policies (such as in cases of sexual misconduct, research misconduct, or criminal activity), the ombudsman may need to break confidentiality.

Lastly, ombudsmen are not a substitute for formal grievance, investigative, or appeal processes. They can facilitate communication and mediate disputes, but they do not have the authority to enact policy changes or make formal decisions. If a matter cannot be resolved through the ombudsman's office, a referral will typically be made to the appropriate formal channel.

Confidentiality and ombudsmen

Ombudsmen are firmly committed to maintaining the confidentiality of those who use their services. They will keep all information confidential to the extent allowed by law and will not disclose that someone has used their services without the individual's permission. For example, the University of Maryland states that:

> 'Communications with an ombuds are confidential and no information or opinion presented to an ombuds (or even the fact that the ombuds has been contacted) will be shared with other parties without the express permission of the visitor.'

The only exceptions to this rule are when there is an imminent risk of serious harm to oneself or others, or if required by law, litigation, or university policies (e.g. sexual misconduct, research misconduct, child/elder abuse, violence or criminal activity).

The ombudsman office keeps no permanent records of visitor names, affiliations, or grievances. All conversations with the ombudsman are confidential, and they will not disclose any part of the conversation without prior permission. The ombudsman will also not communicate that an individual has used their services.

However, it is important to note that the privilege of confidentiality belongs to the ombudsman office, not the users of the office. This means that the ombudsman office has the right to waive confidentiality in certain situations, such as when they believe there is an imminent threat of serious harm.

In some cases, the ombudsman may ask for permission to disclose information to a third party if they believe it could help resolve the situation. For example, the University of Maryland states that:

> 'At other times, with permission from the visitor, the ombuds contacts other involved parties and attempts to work out mutually satisfactory solutions.'

The ombudsman also has a duty of confidentiality to the university and will not disclose any information that could compromise the university's interests. This includes not participating in any formal grievance, investigative, or appeal processes made available by the university.

In summary, ombudsmen provide a safe, confidential, and independent space for students to discuss complaints, concerns, or problems. They will maintain the confidentiality of all dealings and communications unless given permission to disclose information or in cases where there is a serious risk of harm.

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