OMBUDS

There shall be appointed an officer of the University of Massachusetts at Amherst to be known
as the Ombudsperson.

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 shall be assisted by one or more Faculty
Ombudspersons, also of the highest integrity and knowledgeable about academic life, who shall
be available to handle cases requiring a faculty perspective or academic expertise. The position
of Faculty Ombudsperson shall be part-time, and the faculty member(s) holding the position
shall receive a release from other duties commensurate with the time required to discharge their
duties as advisor. The University Ombudsperson may also be assisted by one or more staff
Assistant Ombudspersons and/or other 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 SGA, one
graduate student appointed by the Graduate Student Senate, one professional staff member, and
one classified staff member. The selection committee shall elect its own chair. The Faculty
Ombudsperson(s) shall be appointed by the Chancellor of the Amherst campus from among the
campus faculty, after consideration of a recommendation from an ad hoc committee similarly
constituted.
The University Ombudsperson shall be appointed for an indefinite term, and all aspects of
his/her appointment shall be governed by the non-unit professional staff personnel policies of the
University as may be in effect from time to time. 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 SGA, one graduate
student appointed by the Graduate Student Senate, one professional staff member, and one
classified staff member. 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.

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.
 

The functions of the Ombudsperson shall be to assist petitioners to revolve 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.
 

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 personal interest in the subject matter of the complaint, the Ombudsperson may decline
to pursue the matter.
Whenever the Ombudsperson decides not to investigate or further 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 report must have been
afforded an opportunity to be heard.

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:

a)  Appears to have been contrary to written rules; or
b)  Was unreasonable, unjust, oppressive, or improperly discriminatory, or was in
accordance with any rule that is unreasonable, unjust, oppressive, or improperly
discriminatory; or
c)  Was based wholly or partly on a mistake of fact or of interpretation of rules.
The Ombudsperson may recommend that:
a)  The matter be referred to the appropriate authority for further consideration; or
b)  An omission be rectified; or
c)  A decision be cancelled or changed; or
d)  Any practice on which the decision, act, or omission was based be altered; or
e)  Any rule on which the decision, act, or omission was based should be reconsidered; or
f)  Reasons be given for a decision; or
g)  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 re commendation.
If within a reasonable time after the report is issued, 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 the 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.

Source: 89-011A and 15-020