The Ombuds Office operates confidentially. That means we do
not disclose who used - or did not use - the office. We make - and keep
- the promise of confidentiality to the University community in the hopes
that individuals will feel safe using our services. This confidentiality
cannot be "waived" by users of the office because the privilege of confidentiality
does not belong to users of the office. It belongs to the Office. In matters
which become formal grievances or legal actions, the Ombuds Office staff
will not testify - either for or against you.
Because of its unique informal, problem-solving role, speaking to the
Ombuds Office about a concern does NOT constitute legal "notice" to the
institution that the problem exists. Anyone wishing to "put the institution
on notice" may contact an administrator or invoke formal grievance procedures.
The Ombuds Office can provide referral information about "who to contact"
for anyone seeking to use administrative or formal grievance options.
We do not participate in formal grievance processes for at least three
reasons:
-
Our work is intended to be kept confidential.
Participating in formal grievance procedures would violate this intention
by acknowledging that we had conversations with individuals about issues
that we promised to keep confidential.
-
Formal grievance procedures, by definition, are adversarial. Our role is
to remain impartial. Providing information that might assist one
party - to the detriment of another - violates this aspect of the mission
of our office.
-
Our only role is to provide informal problem-solving assistance.
In most cases, we do not have proof of the truth of individual allegations.
We only know what we were told.
It should be noted that using the Ombuds Office does not prevent anyone
from using existing administrative or formal grievance procedures. Our
lack of participation in such proceedings does not prevent the use of evidence
or witnesses which may exist to help an individual "prove his/her case."
Limits of Confidentiality
The Ombuds Office cannot guarantee confidentiality when:
-
An Ombuds Office staff member witnesses a crime.
-
An Ombuds Office staff member is told by a user of the Office about the
intent of an individual to harm him/herself or another.
When there is a legal subpoena requiring that the Ombuds Office testify
or turn over records, we will seek legal counsel to "quash" the subpoena
and prevent our testimony.