Document
Apr. 1, 2022

 

The International Ombuds Association has just published its amended Code of Ethics and Standards of Practice. While the changes that have been made are evolutionary rather than revolutionary, they offer an opportunity to reflect on the purpose of both documents and their relevance to both ombuds and those who use their offices.

To start with the revised Code of Ethics incorporates a list of “core values,” outlining conduct that is “essential” to ombuds work. Much of this was present in the previous preamble, but now the values are delineated in a bulleted list. These core value charge ombuds to:

  • Act with honesty and integrity;
  • Promote fairness and support for fair processes;
  • Remain non-judgmental, with empathy and respect for individual differences;
  • Promote dignity, diversity, equity, inclusion, and belonging;
  • Communicate accurate understanding through active listening;
  • Promote individual empowerment, self-determination, and collaborative problem-solving; and
  • Endeavor to be an accessible, trusted, and respected informal resource.

These values provide a foundation for the work that ombuds do, and allow ombuds to create spaces in which visitors can explore their options and consider potential courses of action without feeling judged.

The fundamental principles of ombuds practice—independence, impartiality, informality, and confidentiality—remain unchanged, but some of the language in them has been refined, with additional specifications and clarifications. The description of informality, for example, previously said only that, as an informal resource, ombuds do not participate in formal adjudicative or administrative procedures. Now, informality is still construed to mean that the Ombuds doesn’t participate in those processes, with the additional stipulation that the Ombuds is not authorized to make business or policy decisions for the organization, accept notice for the organization, or serve as a formal reporting channel. These requirements help to ensure that visitors can use the Ombuds Office as an alternative to formal channels. If speaking to the ombuds constitutes giving the organization “notice,” the Ombuds would be required to involve formal channels in some matters, which could jeopardize the visitors’ confidentiality. Not accepting notice is a tradeoff ombuds accept in exchange for being able to better safeguard their users’ confidentiality.

Building on the Code of Ethics’ foundation, the Standards of Practice describe in general terms just how ombuds should practice their craft. As the preamble states, this includes helping those at all levels of the organization, resolving conflicts, facilitating communications, and helping surface systemic issues. Changes to the Standards are mostly around language.

Within the Standards of Practice, the General Practice Standards assert that compliance with the Standards of Practice is “essential for any Ombuds program” (which is why they have determined the structure and practice of the Ombuds Office at UNLV). That includes the adoption of a charter that “articulates the basis on which the Ombuds operates,” which UNLV gained last July. The General Practice Standards explain the basic functions of the Ombuds Office: to help people through voluntary consultations and by providing information that helps them develop options and addresses their concerns. The former function is mostly met through one-on-one discussions; the latter is also satisfied by programs and workshops that the Ombuds Office conducts and sponsors. Finally, the General Practice Standards assert that the Ombuds should remain apprised of the current state of the profession by undertaking continuing education and professional education.

The rest of the Standards, now as previously, specify what each of the fundamental principles—independence, impartiality, informality, and confidentiality—entail in the strategic and day-to-day operation of the office. Again, while there has been some tightening of definitions here, there are no major shifts in meaning.

The Code of Ethics and Standards of Practice together provide a blueprint for what an effective organizational ombuds can do to create and run a professional office that provides value to its users and the community as a whole. They offer guidelines around which an ombuds can structure their practice.

Adhering to both the Code and Standards facilitates the operation of an Ombuds Office that is consistent with similar offices around the world. As I have said many times, one of my goals in structuring UNLV’s Ombuds Office is so that a new faculty member who had previously been at another university with a long-standing office would have a fundamentally similar experience here.

While operating an Ombuds Office with practices consistent with outstanding programs elsewhere doesn’t fall into any of the core areas articulated in UNLV’s Top Tier 2.0 Vision, I believe that it does play an important role in helping the institution promote and extend the values upon which that vision rests: access and equity; excellence and integrity; compassion and inclusion; and collaboration and stewardship.

Further, as it provides to all members of the university community a zero-barrier, informal, independent, and confidential resource, no matter what the issue they may be experiencing, I think that the Ombuds Office furthers UNLV’s commitment to equity, inclusion, and belonging. Having a neutral party to discuss concerns may have value for everyone on campus, but it is particularly of help to those who feel that, for one reason or another, they don’t have the same access to institutional resources or informal networks that their peers do.

In other words, if you have a problem and don’t know who to talk to, the Ombuds is an excellent first place to start, because we are open to everyone and are pledged to work in a nonjudgmental and confidential manner. So no matter what the conflict or issue you are facing, if you would like to discuss it in a confidential setting that is completely distinct from any formal process, administrative or otherwise, do not hesitate to make an appointment with the Ombuds. Our door is open.

David G. Schwartz

UNLV Ombuds