Faculty Ombuds’ Standards of Practice and Code of Ethics

 

Independence

The Ombuds is independent in structure, function, and appearance to the highest degree possible within the organization.

  • The Ombuds is independent from other organizational entities;
  • The Ombuds holds no other position within the organization which might compromise independence;
  • The Ombuds exercises sole discretion over whether or how to act regarding an individual’s concern, a trend or concerns of multiple individuals over time.
"We are Penn State" banner at Penn State Fayette

Neutrality and Impartiality

The Ombuds, as a designated neutral, remains unaligned and impartial. The Ombuds does not engage in any situation which could create a conflict of interest.

  • The Ombuds strives for impartiality, fairness and objectivity in the treatment of people and the consideration of issues;
  • The Ombuds advocates for fair and equitably administered processes and does not advocate on behalf of any individual within the organization;
  • The Ombuds serves in no additional role within the organization which would compromise the Ombuds’ neutrality;
  • The Ombuds should not be aligned with any formal or informal associations within the organization in a way that might create actual or perceived conflicts of interest for the Ombuds;
  • The Ombuds should have no personal interest or stake in, and incur no gain or loss from, the outcome of an issue;
  • The Ombuds has a responsibility to consider the legitimate concerns and interests of all individuals affected by the matter under consideration;
  • The Ombuds helps develop a range of responsible options to resolve problems and facilitate discussion to identify the best options.

Confidentiality

The Ombuds holds all communications with those seeking assistance in strict confidence, and does not disclose confidential communications unless given permission to do so. The only exception to this privilege of confidentiality is where there appears to be imminent risk of serious harm.

  • The Ombuds holds all communications with those seeking assistance in strict confidence and takes all reasonable steps to safeguard confidentiality, including the following: The Ombuds does not reveal, and must not be required to reveal, the identity of any individual contacting the Ombuds, nor does the Ombuds reveal information provided in confidence that could lead to the identification of any individual contacting the Ombuds, without that individual’s express permission, given in the course of informal discussions with the Ombuds; the Ombuds takes specific action related to an individual’s issue only with the individual’s express permission and only to the extent permitted, and even then at the sole discretion of the Ombuds, unless such action can be taken in a way that safeguards the identity of the individual contacting the Ombuds. The only exception to this privilege of confidentiality is where there appears to be imminent risk of serious harm, and where there is no other reasonable option. Whether this risk exists is a determination to be made by the Ombuds;
  • Communications between the Ombuds and others (made while the Ombuds is serving in that capacity) are considered privileged. The privilege belongs to the Ombuds, rather than to any party to an issue. Others cannot waive this privilege;
  • The Ombuds does not testify in any formal process inside the organization and resists testifying in any formal process outside of the organization regarding a visitor’s contact with the Ombuds or confidential information communicated to the Ombuds, even if given permission or requested to do so;
  • If the Ombuds pursues an issue systemically (e.g., provides feedback on trends, issues, policies and practices) the Ombuds does so in a way that safeguards the identity of individuals;
  • The Ombuds keeps no records containing identifying information on behalf of the organization;
  • The Ombuds maintains information (e.g., notes, phone messages, appointment calendars) in a secure location and manner, protected from inspection by others (including management), and has a consistent and standard practice for the destruction of such information;
  • The Ombuds prepares any data and/or reports in a manner that protects confidentiality;
  • Communications made to an Ombuds are not notice to the organization. The ombuds neither acts as agent for, nor accepts notice on behalf of, the organization and shall not serve in a position or role that is designated by the organization as a place to receive notice on behalf of the organization. However, the ombuds may refer individuals to the appropriate place where formal notice can be made.
Statue of a woman at Smeal College of Business

Informality

The Ombuds, as an informal resource, does not participate in any formal adjudicative or administrative procedure related to concerns brought to theirr attention.

  • All conversations with the ombuds are considered informal and off-the-record;
  • The Ombuds maintains no records and does not participate in formal grievances or complaints;
  • Formal investigations and grievances are the purview of other offices. Use of the Ombuds services is strictly voluntary.