Terms of Reference of the Ombuds Office

SCOPE

1. The Ombuds Office shall be independent of all existing administrative structures of the University. The Ombudsperson may help to resolve problems informally and may inquire into any University-related concerns or complaints. As well, he or she may inquire into the application of any policy, rule or procedure of the University. However, he or she may not inquire into the application or interpretation of a collective agreement, nor into the alleged violation of the duty of fair representation against a certified union. The Ombudsperson may make any recommendations he or she deems appropriate with regard to resolving problems or improving policies, rules or procedures. However, he or she shall have no actual authority to impose remedies or sanctions, or to enforce any policy, rule or procedure.

Functions of the Ombuds Office

2. Specifically, the Ombudsperson shall:
   • (i) inform University members about existing policies, rules and procedures and advise them as to the appropriate channel of redress for any concern or complaint they may have;
   • (ii) assist University members to resolve complaints informally and quickly;
   • (iii) at his or her discretion, conduct an independent and objective inquiry into complaints when normal channels of recourse have been exhausted;
   • (iv) explain decisions taken by University decision-makers when complaints are not substantiated;
   • (v) at his or her discretion, recommend solutions when complaints are found to be valid;
   • (vi) bring to the attention of those in authority any policies, rules or procedures which appeal unclear or inequitable or which might jeopardize the rights or freedoms of any members of the University. The Ombudsperson may suggest changes to the existing policies, rules or procedures or offer advice on the development of new policies, rules or procedures.

Special Concerns of the Ombuds Office

3. In dealing with inquiries, the Ombudsperson shall be concerned that all members of the University are dealt with and deal with others fairly and more specifically that:
   • (i) decisions affecting members are made with reasonable promptness;
   • (ii) procedures used to reach decisions are adequate and the criteria and rules upon which such decisions are based are appropriate;
   • (iii) procedures and criteria used in making decisions are clearly communicated to those affected.

Procedures

4. The Ombudsperson shall have immediate access to such University records, reports or documents as are required to fulfill his or her functions. Requests for such access shall receive priority from all members.
5. If the Ombudsperson decides to inquire into a matter, he or she shall make every effort to consult the relevant parties and give such parties the opportunity to reply, should they so wish.
6. Upon the conclusion of an inquiry, the Ombudsperson shall advise all parties to a complaint of his or her findings and any recommendations that he or she has formulated.
7. In addition, the Ombudsperson may bring his or her findings to the attention of those in authority and make whatever recommendations he or she deems appropriate and to whomever within the University he or she feels should receive them. Such recommendations may bear either on the actions or decision of an individual or a group, or on the policies rules and procedures which gave rise to them. If, upon receipt of such findings or recommendations, a University authority proceeds to disciplinary action in order to resolve the matter, the procedure of any relevant University policy or collective agreement shall be followed.
8. The Ombudsperson may refuse to take up any case where he or she judges his or her intervention would be inappropriate and may withdraw from a case if continued involvement is ill-advised.
9. If the Ombudsperson refuses to take up a case or withdraws from a case, he or she shall, on request, provide the applicant with a written statement of the reason.
10. The Ombudsperson shall avoid involvement in cases where there may be a conflict of interest.

Confidentiality

11. Should the pursuit of any inquiry necessitate the disclosure of details that identify an applicant, the applicant shall be informed. Any disclosure shall be limited to those who have a need to know.
12. Should an applicant decide to withdraw an application in order to protect his or her anonymity, the Ombudsperson shall respect this decision.
13. The Ombudsperson shall respect the confidentiality of any confidential information or materials to which he or she has access.
14. Should the Ombudsperson consider that the response to his or her recommendation has been unsatisfactory, he or she shall be entitled to make the recommendation public, provided always that, subject to Article 11, the confidentiality of the applicant is respected.

Files

15. The Ombudsperson shall maintain suitable records of complaints, findings and recommendations which shall be accessible only to the staff of the Ombuds Office. Such files shall be destroyed according to a retention schedule determined in accordance with provincial legislation.

Appointment of the Ombudsman

16. The Ombudsperson shall be appointed by the President upon the recommendation of an advisory committee struck for this purpose. The Ombudsperson shall report to the President.
17. The appointment shall be made for an initial term of two years, renewable for further terms of five years. During the fourth year of each such term, the President shall appoint an appraisal committee which shall review the operations of the Ombuds Office. This review shall include, but not be limited to, consultations within the internal community as well as external appraisal.
18. The Ombudsperson shall submit an annual report to the President by September 30 of each year. The report shall detail activities of the Ombuds Office, including statistics on complaints received, and shall make recommendations, as necessary. The President shall ensure that the appropriate administrators consider and respond to the recommendations contained in the report.
19. The annual report shall be published in the University’s newspaper.

Complaints Relating to the Operations of the Ombuds Office

20. If a member considers that the Ombudsperson has committed a procedural or substantive violation of these terms of reference, with respect to any matter to which the member has been a party, he or she may submit a written complaint, detailing the alleged violation, to the President. The President shall investigate the complaint and inform the member of the results of the investigation.

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