I. TITLE
There shall be appointed an officer of the University of Massachusetts at Amherst to be known as the University Ombudsperson.
II. APPOINTMENT
The University Ombudsperson shall be a full-time staff position filled by a person of the highest integrity who is knowledgeable about academic life and has qualifications appropriate to this position. The University Ombudsperson may also be assisted by one or more staff members, appointed by the University Ombudsperson in accordance with such policies and procedures as may be in effect from time to time.
The University Ombudsperson shall be appointed by the Chancellor of the Amherst campus after consideration of a recommendation from an ad hoc committee consisting of three faculty members appointed by the Faculty Senate, one undergraduate student appointed by the Student Government Association, one graduate student appointed by the Graduate Student Senate, one professional staff member, one classified staff member, and one Chancellor's Office designee. The selection committee shall elect its own chair.
The University Ombudsperson shall be appointed for an indefinite term, and all aspects of their appointment shall be governed by the non-unit professional staff personnel policies of the University. Every five years, the Chancellor shall seek the advisory evaluation of an ad hoc review committee consisting of three faculty members appointed by the Faculty Senate, one undergraduate student appointed by the Student Government Association, one graduate student appointed by the Graduate Student Senate, one professional staff member, one classified staff member, and one Chancellor's Office designee. The review committee shall elect its own chair. This committee shall review the performance of the University Ombudsperson and the Ombuds Office and make its recommendation to the Chancellor.
III. STAFF
The Ombudsperson shall be provided with appropriate staff and services to carry out the function of the position. Such resources shall be allocated on the basis of parity with comparable administrative/academic units.
IV. FUNCTIONS
The functions of the Ombudsperson shall be to assist petitioners to resolve conflicts and/or to achieve appropriate settlement of grievances. These functions may be exercised by the Ombudsperson notwithstanding any provision that purports to make any decision, recommendation, action, or omission unreviewable.
The Ombudsperson shall have access to all records, files, and information necessary to the proper fulfillment of these functions except for legally privileged records, or those that are confidential by established medical ethics. Any person whose consent is required to remove a privilege or confidentiality may authorize the Ombudsperson in writing to have access to any documents so privileged.
V. PROCEDURES
Every complaint by a petitioner to the Ombudsperson shall be submitted in writing. If it appears that under existing channels there is an adequate remedy or right of appeal, or if it appears that, any further action is unnecessary the Ombudsperson may decline to pursue the matter further.
The Ombudsperson may decide not to investigate, or not to further investigate, any complaint if it relates to a decision, recommendation, act, or omission that the complainant knew about for more than twelve months before submitting the complaint. If the Ombudsperson decides that the complaint is frivolous, vexatious, or not made in good faith, or that the complainant has no sufficient person interest in the subject matter of complaint, the Ombudsperson may decline to pursue the matter. Whenever the Ombudsperson decides not to investigate a complaint, he or she shall inform the complainant of that decision and shall state reasons therefore in writing. Every investigation by the Ombudsperson shall be conducted with due respect for the privacy and reputation of others.
No person shall be entitled as of right to be heard by the Ombudsperson, except that before any report is issued, persons or organizations adversely affected by such a report must have been afforded an opportunity to be heard.
VI. REPORTS
The Ombudsperson shall issue a report in every case where investigation indicates that the decision, act, or omission which was the subject matter of the investigation:
- Appears to have been contrary to written rules; or
- Was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with any rule that is unreasonable, unjust, oppressive, or improperly discriminatory; or
- Was based wholly or partly on a mistake of fact or of interpretation of rules.
The Ombudsperson may recommend that:
- The matter be referred to the appropriate authority for further consideration; or
- An omission be rectified; or
- A decision be cancelled or changed; or
- Any practice on which the decision, act, or omission was based be altered; or
- Any rule on which the decision, act, or omission was based should be reconsidered; or
- Reasons be given for a decision; or
- Other appropriate steps be taken.
The Ombudsperson shall make such reports to the appropriate person or organization. In any case, the Ombudsperson may request the person or organization involved to report within a specified time the steps that it proposes to take to implement the recommendation. If within a reasonable time after the report is issues, no appropriate action is taken, the Ombudsperson may send a copy of the report and recommendations to the Chancellor of the Amherst Campus. The Ombudsperson shall in any case inform the complainant of the results of the investigation and recommendations.
The Ombudsperson shall submit an annual report to the Faculty Senate and the Chancellor on the general functioning of the office. In addition, the Ombuds Office may submit other reports as necessary.