This Charter Agreement is based on the Code of Ethics and Standards of Practice developed by the International Ombuds Association
I. INTRODUCTION
The office of the Ombuds, Boise State University was established in Fall 2008 to provide an accessible, confidential, impartial, independent, and informal resource to assist in the resolution of issues and conflicts. This agreement defines the privileges and responsibilities of the Ombuds office.
The Charter was updated in November 2024 to reflect the inclusion of Staff (Professional and Classified) and Faculty.
II. PURPOSE AND SCOPE OF SERVICES
The Ombuds goal is to help faculty and staff solve problems early, informally, and at the lowest levels possible without the need to pursue more formal grievance procedures. Any staff or faculty member of the Boise State community may bring a concern to the Ombuds.
The Boise State Ombuds is an impartial concerned party whose primary role is to help resolve problems. This individual is neither an advocate for the visitor nor an agent for the university. Rather, the Ombuds is an advocate for fair practices and fosters integrity and timeliness in the administration of campus policies and practices. The Ombuds also may recommend policy changes to alleviate chronic problem areas.
An Ombuds is an informal channel for dispute resolution. It is intended to complement, and not supplant, formal channels such as reporting structures, grievance procedures, or legal means. An ombuds can provide information about formal channels as options to pursue in addition to informal approaches. Likewise, an Ombuds can assist in weighing the appropriateness of different options for individual needs and can provide assistance after formal processes are completed. However, the Ombuds cannot and will not become actively involved in formal grievances or legal actions.
Non-participation in formal and/or legal grievance procedures is important since an ombuds’ work is intended to be kept confidential. Participating in formal grievance procedures would violate this intention by acknowledging conversations with individuals about issues that were promised to be kept confidential. Also, formal grievance procedures, by definition, are adversarial. An ombuds’ role is to remain impartial. Providing information that might assist one party – to the detriment of another – violates this aspect of the mission of the office.
Because of its unique, informal, problem-solving function, contacting the office of the Ombuds about a concern does NOT constitute legal “notice” to the institution that the problem exists. Anyone wishing to “put the institution on notice” must contact an administrator or invoke formal grievance procedures.
III. STANDARDS OF PRACTICE AND CODE OF ETHICS
The Ombuds shall adhere to the Standards of Practice and Code of Ethics defined by the International Ombudsman Association (“IOA”). These tenets require that an Ombuds shall:
- function independently of the organization
- be confidential and impartial
- limit the scope of services to informal means of dispute resolution
- be truthful and act with integrity
- foster respect for all members of the organization
- promote procedural fairness in the content and administration of the organization’s practices, processes and policies, and
- be a member of the International Ombudsman Association and attend regular trainings and the annual IOA conferences.
The four foundational principles for the Ombuds are the following:
A. Independence
The Ombuds shall be, and appear to be, free from interference in the performance of their duties. This independence is affected primarily through organizational recognition, reporting structure, and impartiality. The Ombuds shall operate independently of ordinary line and staff structures. They shall exercise sole discretion over whether and how to act regarding individual matters or systemic concerns. The Ombuds will be guaranteed reasonable access to University personnel relevant to an issue, and records based upon a specific request made by a visitor, to gather information needed for the inquiry.
To fulfill stated functions, the Ombuds shall be assured sufficient resources to meet operating needs and pursue continuing professional development. The Ombuds shall report to the office of the Provost and Vice President for Academic Affairs for administrative and budgetary matters and trends affecting the university climate. At no time is the Ombuds permitted to share information identifying an individual with the Provost or any others unless permission to do so is provided by said individual.
B. Confidentiality
All contacts, conversations, and information exchanged with an Ombuds are confidential and will not be disclosed without the consent of the parties involved and the Ombuds. The limits to confidentiality are when disclosure is necessary to protect someone from harm, when child abuse is indicated, or when otherwise required by law. An Ombuds shall not participate in any formal process inside or outside the University unless compelled to do so by court order or applicable law.
C. Impartiality
An Ombuds does not take sides on an issue nor represent or advocate on behalf of any party. Rather, it is the role of an Ombuds 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 advocates for fairness and justice consistent with the mission and policies of the University.
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 dedication to the impartial and independent role.) When a conflict of interest exists, the Ombuds shall take all steps necessary to disclose 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 wanting to establish “notice” to the university should contact an administrator or administrative office, or he/she should initiate a formal proceeding. 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 Ombuds services 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, unless required by law.
IV. AUTHORITY AND LIMITS OF THE OMBUDS
The authority of the Ombuds derives from the University administration as manifest by the endorsement of the University Provost.
A. Authority of the Ombuds
Reporting Patterns – Ombuds shall keep records for statistical purposes, without identifying information, in order to describe usage and identify trends. At least annually, they shall submit a report to the Provost, the President of the Faculty Senate, the Chief Human Resource Officer, and the AVP for Title IX, Institutional Equity, and Compliance, the President of the Professional Staff Association (PSA), and the President of the Association of Classified Employees (ACE) summarizing the number and types of issues and resolutions addressed by the office of the Ombuds. This report should also make special note of problem areas evidenced by case trends.
Access to Information – The Ombuds may request access to information related to visitors’ concerns, from files and offices of the University, and shall respect the confidentiality of that information. Requests for information should be handled with reasonable promptness by University departments.
Ending Involvement in Matters – The Ombuds may withdraw from or decline to look into a matter if they believe involvement would be inappropriate for any reason.
Discussions with Visitors and Others – The Ombuds have the authority to discuss a range of options available to visitors, including both informal and formal processes. They may make any recommendations deemed appropriate with regard to resolving problems or improving policies, rules or procedures. However, the Ombuds shall have no actual authority to impose remedies or sanctions or to enforce or change any policy, rule or procedure.
Access to Legal Counsel – On occasion, the Ombuds may require legal advice or representation in order to fulfill required functions. The Ombuds shall be provided with legal counsel separate and independent from the University in the event they are asked for documents or testimony related to any litigation or other formal process arising out of Ombuds’ activities.
B. Limitations on the Authority of the Ombuds
Receiving Notice for the University – Communication to the Ombuds shall not constitute notice to the University. This includes allegations that may be perceived to be violations of laws, regulations, or policies, such as sexual harassment, issues covered by whistleblower policy, or incidents subject to reporting under the Clery Act. Although the Ombuds may receive such allegations, they are not a “campus security authority” as defined in the Clery Act, nor required to report these allegations to the University. In addition, if the visitor discloses such allegations and expresses a desire to make a formal report, the Ombuds shall refer the visitor to the appropriate university office(s) for administrative or formal grievance processes.
Putting the University on Notice – If a visitor would like to put the University on notice regarding a specific situation, or wishes for information to be provided to the University, the Ombuds shall provide the visitor with information so that the visitor may do so. In certain situations, including but not limited to situations that involve public safety, harm to self or others, violations of law, discrimination, or sexual harassment, an Ombuds may have an ethical obligation to put the University on notice in order to protect the safety of members of the University community. If the Ombuds decides to put the University on notice, he or she shall do so in writing to the extent practicable.
Formal Processes and Investigations – The Ombuds shall not conduct formal investigations of any kind. Likewise, they shall not participate in the substance of any formal dispute processes, outside agency complaints, or lawsuits, either on behalf of a visitor to the Ombuds or on behalf of the University unless compelled to do so by court order or applicable law.
Record Keeping – The Ombuds shall not keep records for the University, and shall not create or maintain documents or records for the University about individual matters. Notes and any other materials related to a matter shall be maintained in a secure location and manner and shall be destroyed once the ombuds’ involvement in the matter is concluded.
Advocacy for Parties – It is of paramount importance that the Ombuds not compromise their status as an impartial third party. Thus, the Ombuds shall not act as an advocate or representative for any individual party in a dispute, nor for the University administration.
Adjudication of Issues – The Ombuds shall not have authority to adjudicate, impose remedies or sanctions, or to enforce or change University policies or rules.
V. RETALIATION FOR USING THE OMBUDS OFFICE
No person shall be retaliated against for consulting with the Ombuds or by serving as an Ombuds.
VI. ORGANIZATIONAL RELATIONSHIPS OF THE FACULTY OMBUDS OFFICE
The Ombuds is independent of existing administrative structures. The Ombuds shall report to the office of the Provost and Vice President for Academic Affairs for administrative and budgetary matters. They will maintain working relationships with the Faculty Senate, Professional Staff Association, Association of Classified Employees, the Office of Title IX and Institutional Equity, the Office of Human Resources, and other campus stakeholders. An Ombuds Advisory Committee will meet periodically to act as a sounding board for issues that might arise in the execution of the Ombuds’ role.