University Ombud
Sections of the UNIVERSITY MANUAL:
2.39.10 The Ombud shall investigate complaints from
members of the University community -- students, faculty, and
administrative personnel -- that they have been unfairly dealt with
in the normal channels of administrative process. The Ombud's office
is not intended to replace those normal channels. The services of the
Ombud are an exceptional administrative procedure to be used only
when the normal channels do not adequately respond.
2.39.11 The Provost and the Faculty Senate Executive
Committee shall jointly nominate a full-time, tenured faculty or an
emeritus faculty for the post of Ombud and shall submit the name of a
nominee to the Faculty Senate for confirmation, no later than May 1st
of the year in which the Ombud's term is to begin.
2.39.12 The Ombud shall serve for a period beginning the
day after Commencement following his/her election and ending one week
before registration, approximately 27 months later. There shall be no
limitation on the number of times a person is elected to the office.
The Ombud shall serve on a year round basis during his/her term of
office. An Ombud who is on academic-year appointment shall recontract
for the summer under the terms governing department chairpersons.
During the transition between the confirmation of his/her successor
in May and his/her termination, the outgoing Ombud will be
responsible for processing cases originating before Commencement in
his/her terminal year. His/her successor will be responsible for
processing cases which originate after Commencement and those cases
which remain unresolved as of one week before registration. Close
cooperation between the outgoing and succeeding Ombud during the
period of transition is expected.
2.39.13 The Areas of Responsibility of the Ombud are
Equity,Critical Review, and Recommendations and Report.
Equity: to help individuals
or groups in specific cases to get just and equitable treatment. In
securing equity, the Ombud shall: afford full opportunity for
presentation in confidence of any complaint or grievance from any
student, faculty member,or member of the administrative staff
alleging unfairness,discourtesy, undue delay, or other malfunctioning
in any and all processes at the University of Rhode Island;
investigate, in confidence, to determine the degree of validity of
the complaint; and mediate or otherwise resolve the problem, arriving
in confidence at what appears to him/her to be a just resolution (in
the dismissal of the complaint, or in recommended action based on the
verified complaint). (The Ombud will not be expected to concern
him/herself with the normal operations of established grievance
processes or disciplinary procedures contained the The University
Manual, except that s/he may, on the basis solely of his/her own
judgment, inquire into possible bias or malfunction in any of those
proceedings, and make a confidential report thereon to the office of
the President and to the Chairperson of the Faculty Senate).
Critical Review: to help
administrative functionaries (whether connected with Student
Government or with faculty or administrative offices) to improve
their processes, not only correct a particular inequity or injustice
but also to prevent its recurrence. In carrying out this function the
Ombud shall: be receptive to all suggestions, comments and criticism
regarding the general functioning of University processes and
procedures (as distinguished from individual grievances or complaints
of inequity); make appropriate inquiries; make recommendations in
confidence to the administrative officer who heads the particular
unit involved; and report to the office of the President and to the
Chairperson of the Faculty Senate as to the disposition of the
recommendation.
Recommendation and Report: on the
basis of inquiry and experience to recommend such changes in
procedure and practices may seem to him/her to be appropriate, and to
make final public report of his/her actions. In fulfilling this
function,the Ombud shall: in addition to any recommendations
submitted in connection with the foregoing functions, from time to
time,make such reports and recommendations as s/he deems
wise,directly to the office of the President and to the Chairperson
of the Faculty Senate, with such substantiation as may be appropriate
and prepare an annual report reviewing and evaluating the activities
of his/her office during the year, the report to be distributed to
the general faculty, the members of the Student Senate, and deans,
directors and department heads.In addition to the annual report, the
Ombud shall periodically publish in appropriate campus media
information on University regulations and suggestions regarding their
application.
2.39.14 The Primary Task of the Ombud shall be to serve
as a confidential investigator in any specific case of alleged
inequity, unfairness or maladministration. In carrying out this task,
s/he shall be an impartial spokesperson, both to the person making
the complaint and to the person(s) against whose performance the
allegation is brought. The Ombud may inquire at the office or other
location where the offense is alleged to have been committed, shall
be given access to all relevant guidelines, principles, rules,
regulations and similar data, and shall be given access to all
relevant facts in the case. S/he shall enjoy the complete cooperation
of the faculty,administrators or students against whom complaints
have been brought. S/he shall receive complete and courteous
cooperation from any complainant. S/he shall carry out his/her work
in privacy, and with full respect for the rights and immunities of
all parties. All records, correspondence, and communications in the
office of the Ombud shall be kept in a locked file under sole control
of the Ombud.
2.39.15 Having completed his/her inquiries s/he shall make
such disposition of each case as, in his/her sole judgment, is best.
S/he may dismiss the charges as without foundation or merit. S/he may
recommend corrective action to achieve justice or equity in the
particular case. S/he shall determine the question of equity and
fairness not on the basis of opinion or bias or preference, but on
the basis of whether or not the rules, guidelines and other governing
statutes have been followed honestly and fairly without undue delay.
If s/he finds that a particular rule or regulation or statute is
itself unfair or makes for inequity, s/he shall convey that finding
to the office of the President and to the Chairperson of the Faculty
Senate; but s/he shall not at the same time make a finding against an
individual who has faithfully adhered to the guidelines then
governing the case. Should the Ombud arrive at conclusions which are
critical of the operations and practices of the office of the
President, or of the Presidential disposition of cases duly reported
by the Ombud to the President, s/he shall so inform the President;
and if there is no resolution of the problem which is satisfactory to
him/her or directly to the Chairperson of the Faculty Senate.
2.39.16 Powers of the Ombud shall include: access to all
records pertinent to any allegation of inequity or injustice or other
grievance coming under his/her jurisdiction; the right to inquire of
any officer of instruction or of administration, or of any member of
the clerical and custodial staffs, or of any student, in connection
with his/her proper inquiries and to receive full and complete
answers; the right to mediate or otherwise arrive at a compromise or
to arrive at his/her own proposal for solution of the problem at
hand; the right to present his/her recommendations for solution to
the parties involved and to report such recommendations to the
supervisory officers of the person(s) involved and to the office of
the President and to the Chairperson of the Faculty Senate; and
having completed the foregoing process in confidence the right to
make a final public report on the matter.
2.39.17 The Ombud shall be provided with office facilities
by the Provost including part-time secretarial help.
2.39.18 Compensation and Release Time. If the nominee is
a full-time faculty member, his/her teaching and/or research load
shall be adjusted in consultation with his/her departmental
chairperson, his/her dean, and the Provost. Every effort shall be
made to reduce his/her teaching and research load appropriately and
professional expectations for accomplishment in these areas shall
reflect this commitment to the position of Ombud. S/he shall be free
of all committee assignments, student advising and other similar
duties, during his/her term of office. The faculty member's
department shall be provided with replacement funding from the
Provost to the extent of one course per semester. Any additional
released time for a full-time faculty member, shall be negotiated by
the nominee with the Provost before Faculty Senate confirmation. The
summer retainer and any compensation for an emeritus faculty member
shall be provided by the Provost.
2.39.19 Student Assistant. The Ombud shall be assisted by a
student appointed by the President by July 1 each year in accordance
with the procedure outlined below. In March of each academic year, the
Student Senate and Graduate Student Association shall conduct searches
for their nominees to the position of Student Assistant to the Ombud.
The searches shall be conducted in a manner established by each
organization. The names of no more than three nominees from each group
shall be forwarded to the current Ombud by April 15. Finalists for the
position shall be interviewed by a committee composed of the Ombud and
a representative of the Provost and Vice President for Academic
Affairs. The committee shall be convened by the Ombud and shall make
its recommendation to the President no later than June 15. The Ombud's
Student Assistant shall perform his/her duties in consultation with and
under the direction of the Ombud, shall serve a one-year term, and
shall be eligible to succeed himself/herself without a search. The
Ombud's Student Assistant shall receive a stipend of $1000 per
semester, to be paid by the University.
2.39.20 Conflict of Interest. If a complaint to the Ombud
in any way compromises the objectivity of the Ombud in handling the
case; a past Ombud may be called upon to serve on an ad hoc basis.
This arrangement will be mutually agreed upon by the Ombud, the
Chairperson of the Faculty Senate and the past Ombud concerned.