Ombuds Office Charter

The FGCU Ombuds office acts as a confidential, neutral, informal, and independent resource to the University community. Section 1006.51, Florida Statutes, requires each university to establish and maintain a student ombudsman. The Florida Board of Governors (BOG) Regulation 6.011, Student Ombudsman, sets forth the requirements regarding the role of the student ombudsman. The FGCU Ombuds Office is available to all members of the University community and provides assistance and guidance in addressing concerns related to the University.

The FGCU Ombuds Office offers informal, confidential, neutral, and independent services that supplement but do not replace other formal administrative processes at the university. The Ombuds Office confidentially receives concerns, or questions. In response, the Ombuds Office staff listens, clarifies policies, identifies appropriate University channels, makes referrals, and assists by developing a range of options for the concerned party. When appropriate and if requested by visitors, the Ombuds Office staff may participate as a third party to informally facilitate difficult communications in an impartial and independent manner.

The Ombuds Office serves as an information and communication resource. The Ombuds also provides data to the University administration related to trends or patterns that are noted in order to enhance campus climate. The Ombuds Office advocates for positive systems change when appropriate without disclosing confidential communications. Visitors and callers may contact the Ombuds Office anonymously. However, this may present limitations on the Office’s ability to be of assistance.

The FGCU Ombuds Office operates by the Standards of Practice and Code of Ethics established by the International Ombudsman Association (IOA) in 2008. The principles require that the Ombuds Office function independently of the organization, is confidential and impartial, and works only in an informal manner. The IOA Standards of Practice (SOP) and Code of Ethics (COE) define minimum standards, and the FGCU Ombuds Office will strive to operate according to “best practices” and to serve the mission of the University.

The Ombuds Office staff member(s) will be a member of IOA and will attend regular trainings and conferences whenever possible. The Ombuds Office will also publicize the confidential, independent, impartial, and informal nature of the Office and will strive to explain these ethical standards to each visitor.

1. Independence

The University Ombuds reports administratively to the President. The Ombuds Office shall be, and appear to be, free from interference in the legitimate performance of its duties. This independence is achieved by neutrality, reporting structure, and organizational understanding and respect for the role of the Ombuds Office. In order to ensure objectivity, the Ombuds Office shall function independently from administrative authorities. The Ombuds shall exercise sole discretion over whether and how to act regarding individual matters or systemic concerns.

To fulfill its functions, the Ombuds Office shall have a specific allocated budget, adequate space, and sufficient resources to meet operating needs and pursue professional development. The Ombuds Officer shall have the authority to manage the budget and operations of the Office.

2. Confidentiality

The Ombuds Office is a confidential resource for students, staff and faculty. The Ombuds Office shall maintain what the visitor discusses with the office in confidence except if:
(1) the visitor requests disclosure and the Ombuds determines it to be an appropriate option; or (2) the Ombuds asks for and receives permission for disclosure; or (3) the Ombuds determines that there is an imminent risk to health, safety, or serious harm to people or property.

The Ombuds and their staff members shall not generally participate as witnesses with respect to any confidential communications, nor participate in any formal process inside or outside the university except under court order or as required by law. Contacting or using the Ombuds Office is voluntary and those choosing to work with the office agree to abide by the terms of this Charter and the IOA, COE, and SOP.  

Those who access the Ombuds Office, share in the responsibility to preserve, maintain and protect confidentiality and anonymity. Because the Ombuds is a purely voluntary resource that no one is required to use, those who do so will be understood to have agreed to the terms of service. Further, it is mutually understood that the visitor, caller, or FGCU will not request, call upon, compel or seek to require the Ombuds or office to testify or participate in any civil action, formal proceedings, or processes inside or outside the institution unless under court order or as required by law. 

3. Impartiality

The Ombuds Office shall not take sides in any conflict, dispute, or issue. The Ombuds Office will impartially consider the interests and concerns of all parties involved in a situation with the goal of facilitating communication and assisting the parties in reaching mutually acceptable agreements that are fair, equitable, and consistent with the mission and policies of the University.

The Ombuds Office shall avoid involvement in matters where there may be a conflict of interest. (A conflict of interest occurs when the Ombuds’ private interests, real or perceived, supersede or compete with their dedication to the neutral and independent role of the Ombuds.) When a conflict of interest exists, the Ombuds Office shall take all steps necessary to disclose and avoid the conflict.

No member of the Ombuds Office shall serve on a management or policy committee as a voting member. They may, however, attend such meetings as an ex-officio or in an independent role in order to provide insight and gain understanding regarding University activities, regulations, policies, and information.

4. Informality

The Ombuds Office provides informal conflict resolution services. The Ombuds Office shall not conduct formal investigations, create policy, compel action, make management decisions, arbitrate, adjudicate, or in any other way participate in any internal or external formal process or action, except as required by law. Use of the Ombuds Office is voluntary and is not a required step in any grievance process or University policy. Contacting the Ombuds is not the same as reporting an issue to the University. The acceptance of formal claims against FGCU is a function fulfilled by multiple formal channels. The Ombuds can and will refer those wishing to place FGCU on notice to the appropriate place.

A.    Authority of the Ombuds Office

1. Informal inquiries

The Ombuds Office is entitled to inquire informally about any issue concerning the University and affecting any member of the University community. This applies to matters that come to the attention of the Ombuds Office without having received any specific concern. 

The office will also be responsible for:

Promoting Awareness and Accessibility of the Ombuds Office: Informing faculty, staff, and students of the Ombuds Office and its role, responsibilities and limitations.

Supporting Positive Organizational Change: Collecting and sharing, as appropriate, insights, trends, and suggestions.

Preparing to Succeed: Exploring and adopting skills and processes to fulfill Ombuds practices through practical experiences and appropriate professional continuing education; and maintaining fluency with all relevant FGCU regulations and policies.

2. Access to information

The Office shall have access to records, personnel, and appropriate administrative levels within the Institution and shall be authorized to obtain information necessary to address questions concerns brought forth, except where prohibited by Institutional policies or by law. The Ombuds Office will respect the confidentiality of such information. Requests by the Ombuds Office for information should be handled with reasonable promptness by University departments. 

3. Ending Involvement in Matters

The Ombuds Office may withdraw from or decline to look into a matter if it believes that involvement would be inappropriate for any reason.

4. Discussion with Visitors and Others

The Ombuds Office has the authority to discuss a range of options with visitors, including both informal and formal processes. The Office may make recommendations deemed appropriate with regard to resolving problems or improving policies, rules, or procedures. However, the Ombuds Office does not have actual authority to impose remedies or sanctions, or to enforce or change any policy, rule, or procedure.

5. Access to Legal Counsel

The Office may require legal or other professional advice in order to fulfill required duties and responsibilities. The Office shall have access to the General Counsel’s office concerning any legal matters that arise in the course of the Ombuds role. If the General Counsel’s office has a conflict of interest in the matter, the Institution shall provide neutral, external legal counsel to assist and provide guidance to the Office. 

B. Limitations on the Authority of the Ombuds Office

1. Receiving Notice for the University

Communication to the Office shall not constitute notice to the Institution. The Office is not authorized to receive formal complaints or notice of claims against the Institution. This includes allegations that may be perceived to be violations of laws, regulations, or policies, such as sexual harassment, issues covered by whistleblower policy, or incidents subject to reporting under the Clery Act or Title IX of the Education Amendments of 1972. Although visitors may make such allegations, neither the Ombuds or the Office is designated a “Campus Security Authority” as defined by the Clery Act or a “responsible authority” under Title IX. The Office shall publicize its non-notice role. If the visitor would like to put the University on notice or the visitor expresses a desire to make a formal report, the Ombuds Office will refer the visitor to the appropriate FGCU office for administrative or formal grievance processes.

2. Formal Processes and Investigations

The Ombuds Office shall not conduct formal investigations of any kind. The Ombuds Office staff shall not participate willingly in any formal dispute process or outside agency complaints or lawsuits, either on behalf of a visitor or on behalf of the University except under court order or as required by law. 

3. Collective Bargaining Agreements

The Ombuds Office may not inquire into the application or interpretation of a collective bargaining agreement, or into the alleged violation of the duty of fair representation against a certified union.

4. Record Keeping

The Ombuds Office will not create or maintain formal documents or records for the University about individual matters. Notes and other materials related to a matter will be maintained in a secure location and manner, and they will be destroyed within a reasonable amount of time or once the Office concludes its involvement in the matter. The Ombuds Office will maintain general statistical data to assist in reporting trends and giving feedback, but in a manner that reveals no information that could be used to identify visitors to the office. 

5. Advocacy for Parties

The Ombuds Office shall not act as an advocate for any party in a dispute or represent management or visitors to the Office. legal representative, or any other type of representative for any party in a dispute, including the institution, visitors, or any other group or individual. The Ombuds shall not provide legal advice to any visitor, and as such, no recommendations shall be construed as legal advice. The options and choices presented will be broadly based. The visitor or caller will decide which, if any, course to follow.

Faculty, staff, and students shall have the right to consult the Ombuds Office. Any act in violation of the Charter, including retaliation against those contacting the Ombuds Office is beyond the scope of such person’s authority and in conflict with FGCU regulations and policies. As such, it is not an act by or on behalf of FGCU and therefore may result in disciplinary actions up to and including termination. This Charter shall remain in effect unless expressly and specially revoked by FGCU.

Ombuds Office Charter (PDF)