Buds Draft - En
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Draft – Version provisoire The University of Ottawa Ombudsperson The Office of the Ombudsperson provides an independent, impartial and informal dispute resolution process for all members of the University community. It makes recommendations for resolution in individual cases and may also make recommendations for changes in policies and practices, where appropriate. The Office of the Ombudsman does not replace existing channels of appeal at the University. It acts pursuant the following Terms of Reference. Terms of Reference 1. Definitions In the present Terms of Reference : “Advisory Committee” means the Ombudsperson Advisory Committee created pursuant to section 11 of the present Terms of Reference. “Ombudsperson” means the Ombudsperson and the staff working for the Ombudsperson, unless the context indicates otherwise. “University Community” means staff, students, professors and administrators at the University of Ottawa. “University” means the University of Ottawa. “Student Unions” means the Student Federation of the University of Ottawa and the Graduate Students’ Association of the University of Ottawa. 2. Principles 2.1.
The Ombudsperson is independent of all existing university and student administrative structures.
2.2.
The Ombudsperson acts in a confidential, fair and impartial manner and provides recommendations and advice to members of the University community to resolve concerns in an informal, effective and accessible manner.
2.3.
The present Terms of Reference must be interpreted in accordance with these principles.
3. Mandate
Draft – Version provisoire
1
Draft – Version provisoire The mandate of the Ombudsperson is to provide an independent, impartial and confidential process through which members of the University community may pursue the just, fair and equitable resolution of university-related concerns. In addition, the Ombudsperson may make recommendations, where appropriate, for changes in policies and procedures and promote discussion on institution-wide concerns. 4. Jurisdiction 4.1.
The Ombudsperson may receive university-related inquiries or complaints from any present or past member of the University community. The Ombudsperson cannot intervene in a complaint initiated by a person, for example, a parent, on behalf of another member of the University community.
4.2.
The Ombudsperson shall not undertake an investigation unless all channels of assistance or appeal have been exhausted, unless exhausting the established channels of assistance or appeal would impose an undue burden on the complainant. The Ombudsperson may provide counsel to members of the University community in identifying the process to be followed.
4.3.
The Ombudsperson does not interfere, directly or indirectly, in any matter covered by an existing collective agreement.
4.4.
The Ombudsperson may refuse or discontinue an intervention in any matter which is considered frivolous, vexatious, not brought in good faith, is an abuse of the Ombudsperson’s functions or if the matter is already the subject-matter of a legal proceeding.
4.5.
If the Ombudsperson refuses or discontinues an intervention, written reasons explaining the refusal or discontinuation must be provided to the complainant.
4.6.
The Ombudsperson’s decisions and recommendations are final and without appeal.
4.7.
The Ombudsperson shall avoid involvement in cases where she/he may be in a conflict of interest. In that case, the Advisory Committee may appoint another person to act temporarily as Ombudsperson.
5. Powers 5.1.
The Ombudsperson has the power to investigate any university-related complaint. All investigations are done in a fair manner and allow all persons implicated to respond to allegations made against them. The Draft – Version provisoire
2
Draft – Version provisoire Ombudsperson may decide which methods of intervention, as defined in section 6, are the most appropriate in the circumstances. 5.2.
The Ombudsperson shall have access, subject to applicable laws and policies relating to confidentiality and protection of privacy, to all files, records, reports, documents and information needed in fulfilling the functions of the Ombudsperson. Requests by the Ombudsperson for information will be handled in a mutually convenient and expeditious manner by all members of the University Community.
5.3.
The Ombudsperson may, without receiving a complaint and after consultation with the Advisory Committee, identify and investigate inadequacies in existing procedures and policies that might jeopardize the rights of the members of the University community. The Ombudsperson may make recommendations and bring them to the attention of the appropriate persons.
6. Modes of Intervention 6.1.
The mode of intervention is at the discretion of the Ombudsperson and may include: 6.1.1.1. 6.1.1.2. 6.1.1.3. 6.1.1.4. 6.1.1.5. 6.1.1.6. 6.1.1.7. 6.1.1.8.
facilitating communication between the parties; facilitating a meeting between the parties; reviewing any relevant University record; making informal inquiries into a matter; meeting directly with the parties, jointly or separately; utilizing a form of shuttle diplomacy; mediating a dispute; offering recommendations for a fair resolution.
6.2.
The Ombudsperson shall also serve as a resource for the members of the University community by providing information on policies and procedures, rights and responsibilities, and general guidance on where and to whom complaints and inquiries are properly directed.
6.3.
The Ombudsperson may choose to make written recommendations to appropriate persons regarding a complaint.
6.4.
The Ombudsperson may, at any time, draw to the attention of appropriate persons, policies, rules or procedures that appear unclear, inequitable or unfair.
Draft – Version provisoire
3
Draft – Version provisoire
7. Confidentiality 7.1.
All dealings with the Ombudsperson are confidential and may only be revealed with the written consent of the complainant, or as otherwise required by law.
7.2.
The Ombudsperson maintains suitable records of inquiries and complaints in compliance with applicable laws.
7.3.
The files of the Ombudsperson shall be for the exclusive use of the Ombudsperson and shall not be released to anyone else for any purpose, unless compelled by law.
7.4.
The Ombudsperson is not required to maintain confidentiality in cases involving the commission of a serious crime or where there is an imminent risk of physical harm or abuse.
8. Accountability 8.1.
The Ombudsperson shall submit an annual report to the University Community, and in particular to the Senate of the University, the Board of Governors of the University and the Student Unions. The Ombudsperson makes the report public via the Ombudsperson’s website.
8.2.
The report shall detail activities of the Ombudsperson, including statistics on all complaints received, and shall make recommendations, as necessary.
8.3.
The Advisory Committee conducts an annual evaluation of the Ombudsperson.
8.4.
If a member of the University community believes that the Ombudsperson has violated the present Terms of Reference, he or she may submit a written complaint, detailing the alleged violation to the President of the Advisory Committee. The Advisory Committee will investigate the allegation and may appoint a person to conduct this investigation. The Advisory Committee informs the individual of the result.
9. General 9.1.
All members of the University community have the right to seek the assistance of the Ombudsperson without reprisal or threat of reprisal from any other University Community member. Draft – Version provisoire
4
Draft – Version provisoire
10. Appointment 10.1. The Advisory Committee is responsible for the selection of the person in the position of Ombudsperson. 10.2. The initial appointment shall be for a term of two years, renewable for a further term of five years. The Ombudsperson will be provided with adequate administrative resources. 10.3. The University and the Student Unions shall share the costs of the operations of the Ombudsperson. The University will contribute 50% of the costs. 11. The Advisory Committee 11.1. The Advisory Committee has the following responsibilities : 11.1.1 11.1.2 11.1.3 11.1.4 11.1.6 11.1.7 11.1.8
Acts as the selection committee for the choice of the person who will hold the title of Ombudsperson of the University of Ottawa. Provides advice to the Ombudsperson, including on the need for a systemic inquiry pursuant to section 5.3. Recommends the budget for the Ombudsperson. Ensures the wide distribution of the Ombudsperson’s annual report. Responds to complaints relating to the work of the Ombudsperson. Evaluates the performance of the Ombudsperson. Proposes the termination of the person who holds the title of Ombudsperson of the University of Ottawa.
11.2. The Advisory Committee respects the confidentiality of the Ombudsperson’s files and does not have access to information that could identify an individual. 11.3. The Advisory Committee is composed of eight members : 11.3.1 11.3.2
Four members designated by the University, including at least one regular full time member of staff and one professor. Four members designated by the Student Unions, including at least one full time graduate student and one full time undergraduate student. Draft – Version provisoire
5
Draft – Version provisoire 11.3.3 11.3.4 11.3.5
11.3.6 11.3.7
The appointment of members designated by the Student Unions is for one year renewable. The appointment of members designated by the University is for two years and is renewable. The Ombudsperson is not a member of the Advisory Committee but may attend meetings of the Advisory Committee, except where the Committee is discussing matters pursuant to sections 11.1.6, 11.1.7 and 11.1.8. The Advisory Committee meets at least three times per year. Five members constitute the quorum.
11.4. Members of the Advisory Committee vote on motions that are properly submitted to it : 11.4.1 11.4.2
In cases of equal votes, the motion is defeated; The termination of the person who holds the title of Ombudsman of the University of Ottawa must be approved by two thirds of the members of the Advisory Committee.
11.5. The President of the Advisory Committee is elected among the members of the Advisory Committee. 11.6. If the Ombudsperson intervenes in a matter involving one of the members of the Advisory Committee, the member must temporarily withdraw his or her participation to the Advisory Committee. A temporary member from the same category (designated by the Student Unions or by the University pursuant to section 11.3) is then appointed.
Draft – Version provisoire
6
The Ombudsperson is independent of all existing university and student administrative structures.
2.2.
The Ombudsperson acts in a confidential, fair and impartial manner and provides recommendations and advice to members of the University community to resolve concerns in an informal, effective and accessible manner.
2.3.
The present Terms of Reference must be interpreted in accordance with these principles.
3. Mandate
Draft – Version provisoire
1
Draft – Version provisoire The mandate of the Ombudsperson is to provide an independent, impartial and confidential process through which members of the University community may pursue the just, fair and equitable resolution of university-related concerns. In addition, the Ombudsperson may make recommendations, where appropriate, for changes in policies and procedures and promote discussion on institution-wide concerns. 4. Jurisdiction 4.1.
The Ombudsperson may receive university-related inquiries or complaints from any present or past member of the University community. The Ombudsperson cannot intervene in a complaint initiated by a person, for example, a parent, on behalf of another member of the University community.
4.2.
The Ombudsperson shall not undertake an investigation unless all channels of assistance or appeal have been exhausted, unless exhausting the established channels of assistance or appeal would impose an undue burden on the complainant. The Ombudsperson may provide counsel to members of the University community in identifying the process to be followed.
4.3.
The Ombudsperson does not interfere, directly or indirectly, in any matter covered by an existing collective agreement.
4.4.
The Ombudsperson may refuse or discontinue an intervention in any matter which is considered frivolous, vexatious, not brought in good faith, is an abuse of the Ombudsperson’s functions or if the matter is already the subject-matter of a legal proceeding.
4.5.
If the Ombudsperson refuses or discontinues an intervention, written reasons explaining the refusal or discontinuation must be provided to the complainant.
4.6.
The Ombudsperson’s decisions and recommendations are final and without appeal.
4.7.
The Ombudsperson shall avoid involvement in cases where she/he may be in a conflict of interest. In that case, the Advisory Committee may appoint another person to act temporarily as Ombudsperson.
5. Powers 5.1.
The Ombudsperson has the power to investigate any university-related complaint. All investigations are done in a fair manner and allow all persons implicated to respond to allegations made against them. The Draft – Version provisoire
2
Draft – Version provisoire Ombudsperson may decide which methods of intervention, as defined in section 6, are the most appropriate in the circumstances. 5.2.
The Ombudsperson shall have access, subject to applicable laws and policies relating to confidentiality and protection of privacy, to all files, records, reports, documents and information needed in fulfilling the functions of the Ombudsperson. Requests by the Ombudsperson for information will be handled in a mutually convenient and expeditious manner by all members of the University Community.
5.3.
The Ombudsperson may, without receiving a complaint and after consultation with the Advisory Committee, identify and investigate inadequacies in existing procedures and policies that might jeopardize the rights of the members of the University community. The Ombudsperson may make recommendations and bring them to the attention of the appropriate persons.
6. Modes of Intervention 6.1.
The mode of intervention is at the discretion of the Ombudsperson and may include: 6.1.1.1. 6.1.1.2. 6.1.1.3. 6.1.1.4. 6.1.1.5. 6.1.1.6. 6.1.1.7. 6.1.1.8.
facilitating communication between the parties; facilitating a meeting between the parties; reviewing any relevant University record; making informal inquiries into a matter; meeting directly with the parties, jointly or separately; utilizing a form of shuttle diplomacy; mediating a dispute; offering recommendations for a fair resolution.
6.2.
The Ombudsperson shall also serve as a resource for the members of the University community by providing information on policies and procedures, rights and responsibilities, and general guidance on where and to whom complaints and inquiries are properly directed.
6.3.
The Ombudsperson may choose to make written recommendations to appropriate persons regarding a complaint.
6.4.
The Ombudsperson may, at any time, draw to the attention of appropriate persons, policies, rules or procedures that appear unclear, inequitable or unfair.
Draft – Version provisoire
3
Draft – Version provisoire
7. Confidentiality 7.1.
All dealings with the Ombudsperson are confidential and may only be revealed with the written consent of the complainant, or as otherwise required by law.
7.2.
The Ombudsperson maintains suitable records of inquiries and complaints in compliance with applicable laws.
7.3.
The files of the Ombudsperson shall be for the exclusive use of the Ombudsperson and shall not be released to anyone else for any purpose, unless compelled by law.
7.4.
The Ombudsperson is not required to maintain confidentiality in cases involving the commission of a serious crime or where there is an imminent risk of physical harm or abuse.
8. Accountability 8.1.
The Ombudsperson shall submit an annual report to the University Community, and in particular to the Senate of the University, the Board of Governors of the University and the Student Unions. The Ombudsperson makes the report public via the Ombudsperson’s website.
8.2.
The report shall detail activities of the Ombudsperson, including statistics on all complaints received, and shall make recommendations, as necessary.
8.3.
The Advisory Committee conducts an annual evaluation of the Ombudsperson.
8.4.
If a member of the University community believes that the Ombudsperson has violated the present Terms of Reference, he or she may submit a written complaint, detailing the alleged violation to the President of the Advisory Committee. The Advisory Committee will investigate the allegation and may appoint a person to conduct this investigation. The Advisory Committee informs the individual of the result.
9. General 9.1.
All members of the University community have the right to seek the assistance of the Ombudsperson without reprisal or threat of reprisal from any other University Community member. Draft – Version provisoire
4
Draft – Version provisoire
10. Appointment 10.1. The Advisory Committee is responsible for the selection of the person in the position of Ombudsperson. 10.2. The initial appointment shall be for a term of two years, renewable for a further term of five years. The Ombudsperson will be provided with adequate administrative resources. 10.3. The University and the Student Unions shall share the costs of the operations of the Ombudsperson. The University will contribute 50% of the costs. 11. The Advisory Committee 11.1. The Advisory Committee has the following responsibilities : 11.1.1 11.1.2 11.1.3 11.1.4 11.1.6 11.1.7 11.1.8
Acts as the selection committee for the choice of the person who will hold the title of Ombudsperson of the University of Ottawa. Provides advice to the Ombudsperson, including on the need for a systemic inquiry pursuant to section 5.3. Recommends the budget for the Ombudsperson. Ensures the wide distribution of the Ombudsperson’s annual report. Responds to complaints relating to the work of the Ombudsperson. Evaluates the performance of the Ombudsperson. Proposes the termination of the person who holds the title of Ombudsperson of the University of Ottawa.
11.2. The Advisory Committee respects the confidentiality of the Ombudsperson’s files and does not have access to information that could identify an individual. 11.3. The Advisory Committee is composed of eight members : 11.3.1 11.3.2
Four members designated by the University, including at least one regular full time member of staff and one professor. Four members designated by the Student Unions, including at least one full time graduate student and one full time undergraduate student. Draft – Version provisoire
5
Draft – Version provisoire 11.3.3 11.3.4 11.3.5
11.3.6 11.3.7
The appointment of members designated by the Student Unions is for one year renewable. The appointment of members designated by the University is for two years and is renewable. The Ombudsperson is not a member of the Advisory Committee but may attend meetings of the Advisory Committee, except where the Committee is discussing matters pursuant to sections 11.1.6, 11.1.7 and 11.1.8. The Advisory Committee meets at least three times per year. Five members constitute the quorum.
11.4. Members of the Advisory Committee vote on motions that are properly submitted to it : 11.4.1 11.4.2
In cases of equal votes, the motion is defeated; The termination of the person who holds the title of Ombudsman of the University of Ottawa must be approved by two thirds of the members of the Advisory Committee.
11.5. The President of the Advisory Committee is elected among the members of the Advisory Committee. 11.6. If the Ombudsperson intervenes in a matter involving one of the members of the Advisory Committee, the member must temporarily withdraw his or her participation to the Advisory Committee. A temporary member from the same category (designated by the Student Unions or by the University pursuant to section 11.3) is then appointed.
Draft – Version provisoire
6
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