ÁùÉ«Íø

1. Introduction 

The University President of ÁùÉ«Íø, Pomona, (“ÁùÉ«Íø”) hereby establishes the Office of Conflict Resolution Services and Ombuds (“the Office”) to empower individuals and groups to “Become by Resolving.” The Office provides a safe and confidential (see Part 4.2) space for individuals and groups to transform conflict into positive change by bringing clarity, exploring options, and enhancing conflict resolution skills. The Office supports the ÁùÉ«Íø Principles of Community by: 

• Approaching disagreements and differences with understanding and empathy, valuing diverse perspectives (Practice Mutual Respect); 
• Developing skills and confidence for members of the campus community to navigate conflict constructively (Foster Growth);
• Enhancing a sense of connection and inclusion, even with difference and conflict (Cultivate Belonging); and
• Helping Individuals practice ethical and responsible behaviors voluntarily, even in challenging situations (Act with Integrity)

The Office will be available for students, student employees, faculty, staff, management personnel and others who may be designated by the President as eligible for services, collectively referred to as “visitors” when using Office services. “Use” includes contacting, visiting, inquiring, consulting with, or engaging with the Office for the purposes of seeking information or guidance, facilitation or mediation services or resource referral services without regard to whether the visitor seeks services from the Conflict Resolution Services Office or the Ombuds. The Director of Conflict Resolution Services and Ombuds will be designated as “Ombuds.” Terms such as “ombudsman,” “ombudsperson,” “ombud,” “ombuds officer” and “ombuds” may be used interchangeably in communications about the Office. 

2. Purpose and Scope 

The Ombuds listens without partiality or judgment, explores concerns informally, seeks and shares information about policies and procedures, assists visitors in connecting with appropriate resources and processes (internal and external), and discusses options for dispute resolution, conflict management,1 and systems change, within the parameters of the laws and policies governing the CSU and ÁùÉ«Íø and without creating individually identifiable records. The Conflict Resolution Services Office also assists in developing conflict management skills and processes at the individual and organizational level, while preserving autonomy of choice and confidentiality (see 4.2) for those who seek assistance. The Office promotes fairness in the creation and administration of ÁùÉ«Íø practices, processes and policies, thereby enhancing a sense of community and reducing the costs of conflict and risk to the institution.

To fulfill this purpose, the Office facilitates communication and assists parties in reaching mutually acceptable resolutions that are consistent with the ÁùÉ«Íø mission, values and principles. The Office complements and supports but does not supplant or supersede formal or established channels for conflict resolution-related services, including but not limited to actions pursuant to federal and state anti-discrimination laws and associated regulations, grievances under applicable Collective Bargaining Agreements, and other formal processes of review and adjudication. The Ombuds does not have the power to make decisions on behalf of ÁùÉ«Íø or the CSU or to reverse decisions made or actions taken by regularly constituted ÁùÉ«Íø and CSU authorities. The Office does not provide legal advice or psychological counseling.

3. Operations 

The Office shall be at a location conducive to and supportive of confidential communications (see 4.2), independence (see 4.1), and visitor and potential visitor anonymity and trust. The Ombuds shall be given access to other locations on campus conducive to meeting with visitors when requested in circumstances respectful of privacy and protective of the anonymity of visitors. The Ombuds shall be evaluated in a manner supportive of the Standards discussed in Part 4 and upon criteria agreed upon by the Ombuds and President. Office staff, including faculty or student fellows if engaged, shall be supervised solely by the Ombuds when performing Office functions. The Office operating budget shall be managed to the greatest extent possible by the Office with support from the Office of the President.

3.1 Ombuds Qualifications and Retaliation Protections

It is the intent of ÁùÉ«Íø that the Ombuds be an International Ombuds Association (IOA) Certified Organizational Ombuds if reasonably practicable. It is also the intent of ÁùÉ«Íø that the Office be certified as compliant with IOA standards, if reasonably practicable and permissible under applicable CSU Executive Orders. The Ombuds will be designated as management (MPP) personnel for administrative and pay purposes and will not be a member of any collective bargaining unit. Office staff will be management or confidential employees. Office staff may also include faculty and/or student fellows and volunteers recommended by the Ombuds and approved by the President who agree in writing to be bound by this Charter, including express acknowledgement of confidentiality and impartiality.

Recognizing the unique responsibility of the Office to address conflict at all levels and to serve as an advocate for fair and equitable processes even when the substance of the conflict may be controversial or unpopular, or parties involved may hold positions of power, ÁùÉ«Íø is committed to the highest standards of transparency regarding the employment of members of the Office and protection for those who work with the Office. No individual or organization may take adverse action against an individual or group for visiting, contacting, recommending or working with the Office, or against the Ombuds or Office staff for contacting or working with any individual or organization in good faith. Such communications shall be considered protected disclosures under CSU Executive Order 1116ii.

Similarly, ÁùÉ«Íø will not close the Office, reduce operations or restrict access by any individual or group without sufficient time for the Ombuds to adjust or wind down operations and/or to arrange for support for visitors and campus organizations. If ÁùÉ«Íø seeks to close the Office, the President will provide advance notice to the Ombuds, and in consultation with stakeholders as with the Working Group that recommended establishing the Office. The notice and consultation requirements of this part are intended to enhance transparency and trust in the ÁùÉ«Íø community and not to replace administrative requirements of CSU Executive Orders or ÁùÉ«Íø policies.

3.2 Data Reporting

The Ombuds Office shall produce and publicly release (at a minimum) an annual report at the conclusion of the academic year, which may include some or all of the following types of information: use of Office services, observed barriers to equity and fairness, relevant demographic and issue patterns, types of assistance provided, scope of issues, referral sources, alternative paths to resolution considered by visitors, and such other non-confidential information as may be relevant or requested regarding the maintenance of a fair, inclusive and equitable campus environment per the Principles of Community. The Office will take steps to ensure statistical data included in the report will not identify individual visitors and confidential (see 4.2) matters discussed, including avoiding cross-tabulated data and demographic reporting where numbers are small. The Office may engage in other forms of outreach, education and committee membership in an advisory capacity supportive of these goals as well.

3.3 Receiving Notice for the University

To the greatest extent possible, communication with the Office shall not constitute notice to the CSU or ÁùÉ«Íø, including allegations that may be perceived to be violations of laws, regulations or policies. The Office shall publicize that it is not an agent of notice for the CSU or ÁùÉ«Íø except when explicitly required to be. Because the Ombuds does not function as part of campus administration or academic leadership, even if the Ombuds becomes aware of such allegations, the Ombuds is not required to report it to the University except as explicitly required by CSU Policies and Regulations, or applicable federal or state law. If a visitor would like to put the CSU or ÁùÉ«Íø on notice regarding a specific situation or wishes for information to be provided to the University, the Office will provide that person with information so that the person may do so independently. In rare situations, the Office may have an ethical obligation to notify the appropriate University administrator in situations not covered by the law or CSU Policies and Regulations. This will take place only when there is no other reasonable option.

3.4 Accountability

The President may establish a “Conflict Resolution Advisory Group” (CRAG) to support the mission and functioning of the Office. CRAG membership will be by Presidential appointment. Membership information will be made publicly available. If established, the CRAG will be an advisory body only, supporting People, Culture and Institutional Affairs and the Office, providing input to the Ombuds and President regarding the Office and purposes and scope outlined in Part 2. Functioning of the CRAG and areas for consideration will be established and modified by agreement between the President and Ombuds. This agreement may be updated annually, and its terms are incorporated herein by reference. The CRAG will not serve as an oversight or investigatory body over Office practices. Oversight and adjustment of Office structure, services and processes remain with the President and Ombuds collectively.

If any ÁùÉ«Íø employee or student believes the Ombuds or Office staff have acted outside of the requirements of this Charter, or otherwise acted unethically, they may provide a written request for review to the President or Office of Internal Audit. A request for review may be anonymous. Per IOA Standards of Practice 5.6 (see Part 4 below), the Ombuds may disclose confidential (see 4.2) information to respond to a request for review but may not be required to disclose.

4. Standards

To the extent permissible by law and CSU policy, the Office will adhere to the Standards of Practice and the Code of Ethics of the IOA (or a successor organization),iii which include the principles of confidentiality (see 4.2), independence (see 4.1), impartiality/neutrality (see 4.3) and informality (see 3.3 and 4.4), incorporated here by reference.

The IOA Standards and Code are minimum standards, and the Office will strive to employ other best practices to serve the interests of the ÁùÉ«Íø community collectively. To remain knowledgeable about best practices and to enhance the visibility of the Office, the Ombuds and Office staff may serve in a volunteer capacity with appropriate professional associations and attend conferences and educational institutions promoting ombuds professionalism.

ÁùÉ«Íø and the Office shall regularly publicize the independent (see 4.1), confidential (see 4.2), impartial (see 4.3), informal (see 4.4 and 3.3), and voluntary (see 4.4) nature of services provided by the Office as widely as possible, including where possible through online means (e.g., a ÁùÉ«Íø-sponsored website, social media, and articles), educational materials, presentations, and in-person communications. The Office shall also make visitors and potential visitors aware of any limits to confidentiality but shall not be required to create or maintain any records regarding such information (although ÁùÉ«Íø may create such records with all potential visitors so long as records are not tied to actual use of Ombuds Office services).

ÁùÉ«Íø and the Office will also publicize that the use of Conflict Resolution and Ombuds services constitutes agreement to not record conversations, to not compel the Ombuds or staff to disclose any information shared or received through visitor use of the Office services in any other forum— including internal and external administrative or legal proceedings— and that neither visitors nor CSU employees may waive the right to confidentiality of visitor communications without Ombuds consent, except as may be required by court order or CSU Policies and Regulations. This agreement as well as agreement to standards in Part 4 of this Charter shall constitute the “Terms of Use” for the Office and will be publicized in connection with use of Office services. The Terms of Use may be supplemented or modified in accordance with Part 5 below.

4.1 Independence

To enhance and protect the independence of the Office, the Ombuds will report to the President or designee for support and employment purposes, except in cases where there may be a conflict of interest. The Ombuds is not authorized to act as an agent on behalf of the President or any other ÁùÉ«Íø entity. The Ombuds Office may report patterns, trends and systemic concerns at the discretion of the Ombuds but may not be compelled to provide confidential (see 4.2) information.

The Ombuds may serve as a non-voting member of campus committees and organizations but should not exercise authority over or appear to exercise authority over any ÁùÉ«Íø function or hold any position within the University that compromises or could be reasonably perceived to compromise independence. The Ombuds may decline involvement in any matter, including committee or organizational involvement, in accordance with the purposes of this Charter and the Terms of Use.

The Ombuds may require legal or other professional advice, from time to time, to fulfill the purposes and functions outlined in this Charter. The Ombuds may be provided legal counsel separately and independent from the University in the event the Office is asked for documents or testimony related to any litigation or other formal process, or when a conflict of interest arises between the Office and the administration or the University. In the event separate counsel is necessary, the Ombuds may seek representation from outside counsel at ÁùÉ«Íø or CSU expense after consulting the President’s Office and General Counsel for the CSU.

4.2 Confidentiality

It is the intent of ÁùÉ«Íø that the Office provide confidential and anonymous services for all visitors to the greatest extent possible under federal and state law and applicable CSU Policies and Regulations. The Office shall not disclose or be required to disclose any information provided in confidence, except to address an imminent risk of harm to individual or to public safety, to report observed or suspected child abuse and neglect as required by EO 1083iv or to report incidents of sex discrimination, sexual harassment, sexual misconduct, dating or domestic violence and stalking as required by EO 1095,v 1096,vi or 1097.vii It is not the intent of ÁùÉ«Íø that communications with the Office be treated as legally privileged unless authorized by California or federal law.

In accordance with EOs 1095, 1096, and 1097, members of the ÁùÉ«Íø community should report incidents of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating or Domestic Violence and Stalking to the Title IX Coordinator, DHR Administrator, campus police, or other administration and faculty officers and not the Office. In all cases, the Office will strive to support and facilitate visitor reporting of such incidents to allow visitors to maintain control to the greatest extent possible.

Similarly, members of the ÁùÉ«Íø community are encouraged to report crimes covered by the Jeanne Clery Campus Safety Act to the University Police Department. Individuals designated as Campus Security Authorities (CSA) as defined by 34 CFR 668.46(a) are required to forward reports of Clery crimes that occur within ÁùÉ«Íø’s Clery Geography to the University Police Department or Clery Director. The Ombuds and Ombuds office staff at ÁùÉ«Íø as established in this Charter do not meet the criteria of a CSA as they do not have law enforcement or security responsibilities, they are not an office specified to receive reports of criminal offences, and they are not considered to be an official who has significant responsibility for student and campus activities. Per Executive Order 1107viii, If the ÁùÉ«Íø Clery Director believes Ombuds and staff duties and functions have changed and may nonetheless be a basis for CSA designation, the Clery Director will notify the President and Ombuds so that duties and functions may be revised per the intent of Part 4 of this Charter.

The Office shall maintain no records that include visitor-identifying information but may keep aggregate information revealing patterns or trends per Part 3.2 above. ÁùÉ«Íø as an institution may keep individual acknowledgments of the limits of confidentiality so long as those records are not tied to actual use of Ombuds services or contact with the Office. Notes, if there are any, taken by the Ombuds or an Office staff member as part of a confidential discussion will not be considered public records and will be destroyed as soon as possible upon completion of the purposes of the visit in the sole discretion of the Ombuds. CSU and ÁùÉ«Íø will not seek the identity of visitors and will defend the Office from attempts to seek identifying information, to compel testimony or to create records regarding individual visitors.

4.3 Impartiality/Neutrality

The Ombuds considers the interests and concerns of all parties with the aim of impartially facilitating communication and assisting parties in reaching mutually acceptable solutions, agreements or working relationships that are fair and consistent with the ÁùÉ«Íø mission and Principles of Community. The Office does not favor any individual, department or division in a conflict or dispute, or in the development or implementation of policy by ÁùÉ«Íø or any organization. The Ombuds does not have authority or power to make formal findings of fact, create policy, impose remedies, or enforce agreements on behalf of any campus entity. However, the Ombuds may make recommendations regarding fair and equitable processes for dispute resolution and conflict management.

The Ombuds will avoid involvement in matters where there may be a conflict of interest or the reasonable appearance of a conflict of interest. When a conflict of interest arises, the Ombuds will take steps to disclose the conflict without violating confidentiality and may refer the visitor to another resource. In the event the Ombuds refers a matter to another entity, the Ombuds Office may provide notice regarding the referral but is not required to do so.

4.4 Informality

Use of Office services is entirely voluntary. Because the Office has no authority to direct or require official action in any matter, the Ombuds can listen without judgment, maintain confidentiality in accordance with Section 4.2, and explore options without initiating formal processes. As an informal resource, the Office can also receive, identify and raise issues to campus leaders without agenda or bias. Visitor autonomy is paramount— and the Office will allow visitors to manage their own issues and outcomes without judgment or restriction. Working with the Office is not a required step in any grievance or other dispute resolution process, and no one may require any student, faculty or staff member to visit the Office. Moreover, the Office shall not investigate, arbitrate, adjudicate, serve as a witness or perform any role in any formal process or action, including any grievance procedure established by a collective bargaining agreement.

The Ombuds or staff directly under Ombuds supervision may inquire informally (see 3.3) about any issue concerning ÁùÉ«Íø and affecting any member of the ÁùÉ«Íø community, including matters that come to its attention without having received a specific request from a visitor or other member of the ÁùÉ«Íø community, except as may be limited by law, regulation, a collective bargaining agreement or the requirements of confidentiality. The Ombuds may not be required to disclose the purpose for an inquiry if doing so would reveal a visitor’s identity or would compromise ÁùÉ«Íø’s ability to address matters relating to the inquiry.

Per Part 3.3, it is the intent of ÁùÉ«Íø that sharing information with the Office does not constitute official notice to CSU or ÁùÉ«Íø of any claim, grievance, complaint, or other disclosure that would require University action unless CSU Executive Orders or court order require it and does not require any individual or organization to take any action, now or in the future, as incorporated into the Terms of Use.

5. Amendment/Revocation of the Charter

This Charter may be amended only at the agreement of the Ombuds and the President. It remains in effect unless revoked by the President, or the Office is closed. Authority to amend this Charter may only be delegated to a ÁùÉ«Íø official classified in an MPP 4 position or equivalent. The President will provide notice and consult with stakeholders as described in Part 3.1 above if authority to amend this Charter will be delegated.  Authority to revoke this Charter and close the Office will not be delegated.