Ombuds

Will anyone know that I have contacted you?

We will not tell anyone that you've contacted the Office. Others will learn that you’ve contacted us only if you tell them or if you specifically direct us to contact a person you want us to work with to address your concern. If you decide to contact the Office, appointments are strongly encouraged. Our goal is to do everything that we can to insure both anonymity and confidentiality.

How does this Office differ from other offices on campus that address community member’s concerns?

Our focus is on developing strategies that you might use before considering more formal administrative procedures. We listen to your concerns and work with you to identify strategies to address those concerns. Working with us is completely “off the record,” which often makes talking about problems or concerns significantly less intimidating. In our office, we will:

• Listen, which may be all you want.
• Discuss your concerns and help clarify the most important issues.
• Help identify and evaluate your options.
• Gather information, explain policies, and offer referrals to other resources.
• Serve as a neutral party to solve problems and resolve conflicts and work to achieve fair outcomes for all parties using mediation and other conflict resolution strategies.
• Operate under the code of ethics and standards of practice of the International Ombudsman Association.

How do you insure Confidentiality and Anonymity?

Our work with you is strictly off the record unless you specifically ask us to contact persons for additional assistance. The Ombuds Office holds the identity and all communications with those seeking assistance in strict confidence and does not disclose confidential communications unless given permission to do so, except as required by law or where, in the judgment of the Ombuds, there appears to be imminent risk of serious harm.

Will you serve as my advocate?

No. The Office advocates for “due process” rather than individuals or groups in accordance with professional ethics and standards of practice prescribed by The International Ombudsman Association. A benefit of this approach is that we might discover, or help you discover, a useful alternative perspective that might otherwise have been missed. In some circumstances, if you request it, and the other party agrees, and the Office considers it to be appropriate, we can take part, as a third party, in conversations to ensure that the interchange is as effective as possible and will facilitate a mutually acceptable solution.

Is there a permanent record of our discussions? 

Because confidentiality is an essential dimension of our work, when our interaction with a client is concluded, the record of the interaction is destroyed. As noted above, only a statistical accounting of the nature of the issue is maintained.

What are things your office does not do?

• Make decisions for anyone.
• Offer legal advice.
• Offer psychological counseling.
• Participate in the University’s grievance process or any other formal process.
• Testify in any judicial or administrative proceeding, unless required by law after reasonable efforts have been made.
• Serve as a place to put the University on notice of claims.
• Serve as an advocate for any individual or entity.
• Address issues involving persons not at FSU.
• We do not have the power to establish, change, or set aside any University rule or policy.

This charter is based on the Code of Ethics and Standards of Practice developed by the International Ombuds Association.

I. INTRODUCTION

The Ombuds Office at Fayetteville State University (FSU) will be established in Spring 2023. Its purpose is to provide an informal, confidential, neutral, and independent resource to assist in the resolution of issues and conflicts for faculty, staff, and students.

II. PURPOSE AND SCOPE OF SERVICES

The Ombuds Office will provide an informal, neutral, and confidential environment for resolution of conflicts, disputes, or issues to all students, faculty, and staff – both full and parttime. The Office will be a place where students, faculty, and staff can seek information and guidance regarding any work-related concerns at no cost and at any stage in the resolution process. The University Ombuds will be a member in good standing of the International Ombuds Association (lOA) and will carry out all services consistent with the standards, code of ethics, and best practices of the lOA about neutrality and impartiality, independence, confidentiality, and informality.

The Office may receive complaints, concerns, or questions about alleged acts, omissions, improprieties, and/or broader problems. The response of the Office will be tailored to the dynamics of the situation and the student, faculty, or staff member's concerns (including the nature of the resolution the student, faculty, or staff member is seeking). The Ombuds will listen, make informal inquiries to facilitate resolution, or otherwise review matters received, offer options for resolution, make referrals, and mediate disputes independently and impartially. The Ombuds will not function as an arbitrator; where the Ombuds thinks an investigation is appropriate, the Ombuds may request another office as appropriate conduct an investigation. Services of this Office supplement, but do not replace, other processes (formal and informal) available to students, faculty, and staff. In addition, the Ombuds will serve as an information and communication resource, consultant, mediator, dispute resolution practitioner, and source of recommendations for institutional change. The Ombuds will provide feedback to the Division of Legal, Audit, Risk and Compliance (LARC) (and, as necessary, other senior leadership at FSU) when trends, patterns, policies, or procedures of the University generate concerns or conflicts.

III. STANDARDS OF PRACTICE AND CODE OF ETHICS

A. Independence

The Ombuds shall be, and appear to be, free from interference in the performance of their duties. The University guarantees this independence through organizational recognition, reporting structure, and neutrality. The Ombuds shall operate within the scope of their authority independent of ordinary reporting lines and staff structures. They shall exercise sole discretion over whether and how to act regarding individual matters or systemic concerns. The Ombuds will be provided reasonable access to University personnel and records in order to gather information needed to follow up with a faculty or staff member seeking their assistance.

To fulfill their functions, the Ombuds will be provided sufficient resources to meet operating needs and pursue continuing professional development. The Ombuds shall report to LARC for administrative and budgetary matters and trends affecting the university climate. At no time are the Ombuds permitted to share information identifying an individual using the Ombuds’ services with LARC or other University administrators unless permission is provided by the said individual or the Ombuds is otherwise compelled to do so by court order or applicable law. The Ombuds will not hold any administrative positions within the University that could, in any way, be perceived as a conflict of interest with the mission of the Office of the Ombuds.

B. Confidentiality

Ombuds maintain the privacy of the identity of visitors to the office as well as the content of their conversations. With a visitor's permission, the Ombuds Office may contact individuals within the institution whose help is necessary to resolve a problem. Ombuds Office staff do not testify in formal proceedings. Exceptions to this privilege of confidentiality is where there appears to be imminent risk of serious harm, and where there is no reasonable option other than disclosure. Also, while the institution recognizes the importance of confidentiality, it may not be able to be maintained in circumstances where the law requires disclosure of information or when disclosure required by the University outweighs protecting the rights of others.

C. Neutrality

The Ombuds will not take sides in any conflict, dispute, or issue nor represent or advocate on behalf of any party. Rather, the Ombuds’ role is to consider the facts, rights, interests, and safety of all parties involved in a search for a fair and mutually acceptable resolution to a problem. The Ombuds will seek to achieve a resolution that is fair and consistent with the mission and policies of FSU.

An Ombuds shall avoid involvement in matters where there may be a conflict of interest. A conflict of interest occurs when an Ombuds’ private interests, real or perceived, supersede or compete with their dedication to their neutral and independent role. When a conflict of interest exists, the Ombuds shall take all steps necessary to disclose to the faculty/staff member involved, and/or avoid the conflict.

D. Informality

The Ombuds shall be a resource for informal dispute resolution only. All consultations are conducted “off the record” and do not constitute notice to the University. Persons wishing to establish “notice” to the University should contact an administrator or administrative office, or they should initiate a formal proceeding in accordance with the applicable University policy. The Ombuds will provide information on who to contact and how to use administrative or grievance procedures for persons wanting to establish a formal record or who want formal consideration of their complaint. Individuals using the services of the Ombuds retain their rights to all formal procedures ordinarily available to them.

The Ombuds shall not formally investigate, arbitrate, adjudicate or in any other way participate in any internal or external formal process or action. Use of the Ombuds shall be voluntary and not a required step in any grievance process or University policy.

The Ombuds will not retain individual records for subsequent formal proceedings, nor will they serve as a witness or offer testimony in any formal proceeding.

IV. AUTHORITY AND LIMITS OF THE OMBUDS

A. Authority of the Office

1. Initiating Informal Inquiries
   

   The Ombuds is entitled to inquire informally about any issue concerning FSU that directly affects a student, faculty, or staff member. The Ombuds may initiate informal inquiries into matters that come to their attention, in accordance with IOA Standards of Practice.

2. Access to Information
   

   The Ombuds may request access to information maintained by FSU and related to a student, faculty, or staff member's concerns, to the extent permitted by law. The purpose of the access is to provide a context for understanding the concerns raised by the student, faculty, or staff member. Consistent with applicable policies and constraints, FSU personnel contacted by the Ombuds with requests for information should respond confidentially and with reasonable promptness to the requests for information. The Ombuds will have access, as determined in consultation with LARC, to senior administrators of FSU. The Ombuds will not breach confidentiality nor will they ask a department or individual to do so. The Ombuds may share such information with the requestor only if the University personnel who provided the information specifically authorizes such disclosure.

3. Access to Legal Counsel
   

   On occasion, the Ombuds Office may need legal advice to fulfill required functions.

4. Ending Involvement in Matters
   

   The Ombuds may discontinue providing service and disassociate from a matter at any time. In such a case, the Ombuds will provide notice to the student, faculty, or staff member and all others involved in the matter, and will provide a clear recommendation to the student, faculty, or staff member as to the next steps the person can choose to follow.

5. Discussions with Students, Faculty, and Staff Members
   

   The Ombuds have the authority to discuss a range of options available to a student, faculty, or staff member requesting consultation, including both informal and formal processes. The Ombuds may make any recommendations they deem appropriate with regard to resolving problems or improving policies, rules, or procedures. However, the Office has no authority to impose remedies or sanctions or to enforce or change any policy, rule, or procedure.

B. Limitations on the Authority of the Office

1. Putting the University on Notice
   

   If a student, faculty, or staff member expresses a desire to make a formal report, the Ombuds shall refer them to the appropriate office(s) for formal administrative or grievance processes, or the Ombuds will assist them in disclosing the allegation to the appropriate office(s).

2. Formal Processes and Investigations
   

   The Ombuds shall not conduct formal investigations of any kind. They will not participate in the substance of any internal or external formal dispute processes, outside agency complaints or lawsuits, either on behalf of a visitor to the Office of the Ombuds or on behalf of the University, unless compelled to do so by court order or applicable law.

3. Record Keeping
   

   The Ombuds Office will not create or maintain documents or records for the University about individual matters. Notes and any other materials related to a matter will be maintained in a secure location and manner and will be destroyed when the Ombuds deems appropriate, unless there is a legal requirement to retain the documents (e.g., under a litigation hold).

4. Advocacy for Parties
   

   The Ombuds will remain neutral and impartial. The Ombuds shall not act as an advocate for any party in a dispute; the Ombuds will not represent any student, faculty, or staff member visiting the Ombuds Office, nor the administration, management or any university department, school or college.

5. Adjudication of Issues
   

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

6. Evaluation and Reporting
   

   Evaluation of the activities of the Ombuds Office by LARC ill occur periodically on the basis of information from results of an anonymous feedback survey distributed to visitors to the Office by the Ombuds and returned to LARC. The Ombuds Office will provide LARC with an annual report and statement of goals for the coming year. The annual report will be based on anonymous, aggregate data, summarizing and analyzing use of the Ombuds resource (including the nature of concerns raised, policies involved, faculty/staff usage, nature of assistance provided, etc.), general trends in employee relations, problems/gaps in policies and practices, and recommended actions to ameliorate or manage these issues. Confidentiality of individuals who utilize the services of the Ombuds Office will be scrupulously maintained. The Ombuds Office will maintain records of the number of students, faculty, and staff who use the services of the Office as well as types of consultations.

V. RETALIATION FOR USING THE OMBUDS OFFICE

The University and its agents will not retaliate against any individual for consulting with the Ombuds Office.

FSU Student Handbook

Faculty Handbook

Office of Human Resources

FSU Policies and Procedures

Division of Legal Audit Risk and Compliance

Staff Senate

Student Complaint Process

Jeffery M. Womble is Fayetteville State University’s inaugural University Ombuds. His role is to serve as a confidential source to assist University faculty, staff, and students work through challenging workplace problems, dilemmas, and conflicts.

Womble is a member of the International Ombuds Association (IOA), a professional group committed to supporting organizational ombuds worldwide. As a member of IOA, Womble will utilize the organization’s standards of practice and code of ethics, which operates under four cornerstone principles:

• Confidential: Ombuds maintain the privacy of the identity of visitors to the office as well as the content of their conversations. With a visitor's permission, the Ombuds Office may contact individuals within the institution whose help is necessary to resolve a problem. Ombuds Office staff do not testify in formal proceedings. Exceptions to this privilege of confidentiality is where there appears to be imminent risk of serious harm, and where there is no reasonable option other than disclosure. Also, while the institution recognizes the importance of confidentiality, it may not be able to be maintained in circumstances where the law requires disclosure of information or when disclosure required by the University outweighs protecting the rights of others.
• Informal: All members of the university community have a right to consult voluntarily with the Ombuds Office. The Office has no authority to make decisions on behalf of the institution and maintains no official university records.
• Neutral or Impartial: Ombuds have no personal interest or stake in and incur no personal gain or loss from the outcome of any disputes. Ombuds avoid situations that may cause or result in conflicts of interest. Ombuds attempt to promote fair processes but do not advocate for individuals based on affiliation or constituency status.
• Independent: The Ombuds exercises total discretion regarding his responsibilities. He is not part of and does not take part in any administrative or formal complaint processes.

Womble earned a Bachelor of Arts Degree in English Language and Literature from FSU and holds a certificate in digital communications from the University of North Carolina at Chapel Hill. He is also a certified mediator through the North Carolina Office of State Human Resources.