I frequently get asked just what an ombuds does—almost as often as I get asked how you say it (rhymes with “Tom Suds”). For me, one of the most important aspects of the office is its informality. But what does “informal” mean in this context, and how precisely is it different from a formal office or process?

According to the International Ombuds Association’s Standards of Practice, informality has six discrete elements. First, an ombuds is off-the-record, and doesn’t participate in any formal process (more on that below). Second, speaking with the ombuds isn’t a necessary step in any administrative process or review. Third, to the extent that the ombuds takes any action on an issue, it is almost always only with the express permission of the person who raised the issue. In addition, use of the office is completely voluntary. No one can compel anyone to see the ombuds (or not see the ombuds). Fifth, the ombuds doesn’t receive official notice of claims on behalf of an organization. Last, the ombuds creates no permanent records with confidential information.

What does all that mean for you, if you are facing an issue and aren’t sure of where to go?

First of all, an informal route isn’t inherently “better” than a formal one. That’s like asking if lunch is better than dinner. Depending on the time of day, one might work better for you, but they are both completely appropriate meals in their own context.

Rather, informality and formality contrast in the autonomy they afford the individual, the potential impact they can have, and the records that they leave.

Let’s imagine that you and your supervisor aren’t getting along as well as you would like. There are two formal avenues you can take:

You can reach out to their supervisor, and share your concerns. Your talk would not necessarily be confidential, and it is possible that your supervisor would find out about it, sooner or later. While there is a chance that their supervisor would take your version of events as the whole story and make changes accordingly without any further inquiry, that possibility is, in objective reality, miniscule.

You can file a formal complaint or grievance, either through an anonymous online or telephone portal, or with the Office of Equal Employment and Title IX, Employee Relations, Faculty Affairs, or the Faculty Senate. If you would like your issue formally investigated or otherwise adjudicated, this is generally a good path to pursue; but it is important to note that confidentiality is not guaranteed.

Both of these are on the record and give UNLV as in institution notice that you have a concern. But they might not be ideal for everyone because they are on the record. If you want action taken on potential harassment or other possible misdeeds, these might be great options, but if you want to improve your relationship with your supervisor, they might not be the best, for the simple reason that you are formally complaining about them. While some might take any resulting corrective feedback magnanimously, most people are not that graceful—they may be saddened, annoyed, or angry that you officially complained.

By contrast, the informal option of speaking with the ombuds preserves confidentiality and leaves no formal record at all. Someone can discuss what they would like to do, brainstorming options and talking through the best potential routes to a positive outcome, without any commitment to act, or not to act. Discussing anything informally with the ombuds never restricts someone’s ability to take formal action, since there is no record of any conversation.

By keeping it informal, you do surrender the possibility that someone higher up in the org chart will step in to “fix the problem.” But with that sacrifice, you retain a measure of autonomy: you will play an important role in facilitating any solution that you and the other party arrive at.

Similarly, the lack of documentation for informal conflict resolution processes can have an advantage. Any temporary strife leaves no trace in permanent personnel records, diminishing the need some may have to get the “last word,” a tendency that can lengthen and even exacerbate otherwise fixable conflicts.

To crystallize the difference, concerns raised through formal channels generally proceed according to predetermined administrative processes, with an emphasis on fact-finding and the determination of right and wrong. They are not always confidential, and can lead to outcomes outside the control of the party who brought the concern. Informal processes like consulting with the ombuds and mediation, on the other hand, can be structured but have a great deal of latitude in how they play out. They are not concerned with determining who is “right” and who is “wrong,” but rather strive to help the parties find a way of working better together. And they are always, barring a few narrow exceptions, confidential, and leave control in the hands of the parties.

In summary, depending on your specific circumstances, either a formal or informal process might be the best way to seek a resolution to your concern. Before proceeding, it is best to consider exactly what outcome you would like best and what you might gain or lose by pursuing a particular process. And, as mentioned above, as an informal resource, speaking with the ombuds never limits your options, so it may be the best place to consider which way you want to proceed in a confidential, neutral environment.

Whatever you are facing, it helps to have someone to talk to. Whether you are a student, faculty member, or other UNLV employee, the Ombuds Office has many resources available to help you through any conflict or communication issue you might be facing. If you are having an issue and are uncertain where to go, it is an excellent zero-barrier first stop. 

If you would like to talk privately and confidentially about any work- or campus-related concern, please make an appointment with the Ombuds. Our hailing frequencies are always open.

David G. Schwartz

UNLV Ombuds