Applicants must have a law degree (LLB or JD) and a minimum of ten years of professional related experience in a university or business setting; and significant experience in administrative, human rights, and university law. The current annual salary range (grade) for the position is $108,200 to $144,400. Applications are due by May 12, 2019. (Queen's University Careers, via LinkedIn.)
Related post: Queen's University Considers Ombuds Program; Profile of New Ombuds at Queen's University; Queen's University Assessing Its Ombuds Office.
This is a concern. In a position that is neutral, impartial, informal,.... we require a JD.. who is trained to be adversarial.
ReplyDeleteQueen's is a Canadian university. The job description looks more in line with the ACCUO standards of practice (http://accuo.ca/wp-content/uploads/2017/10/Standards-of-Practice.pdf) than IOA standards (https://www.ombudsassociation.org/assets/docs/IOA_Standards_of_Practice_Oct09.pdf). Given the emphasis in the job description on procedural fairness, policy analysis, and objective investigation, it does not seem surprising to me that they are seeking someone with a legal background. Should the Ombuds toolkit also include more collaborative skills not typically emphasized in legal education? Absolutely! But having a law degree does not make someone less impartial. After all, we expect judges to be impartial.
DeleteIf you look at the job announcement, two responsibilities directly conflict with professional standards of practice and ethics:
ReplyDelete- Conducts thorough and objective investigations regarding both individual and systemic issues with a focus on rigorous fact-finding, fairness, timeliness, and attention to detail.
- Investigates addresses and resolves employee/labour relations issues, including disciplinary matters. Makes decisions or effective recommendations on matters involving possible discipline, discharge and probationary termination.
Which professional standards of practice and ethics are you referring to? The ACCUO standards (http://accuo.ca/wp-content/uploads/2017/10/Standards-of-Practice.pdf) allow for Ombudspersons to conduct investigations. See ACCUO SOPs 1.4, 6.2, 6.6, and 6.7. So I see no conflict with the first responsibility you cite. There is a potential conflict with the 2nd responsibility in that it includes the language "makes decisions" and ACCUO SOP 1.3 begins "The ombudsperson has no decision-making role for the institution..." but there is some hedging language in the job responsibility, "[m]akes decisions or effective recommendations" So it is not clear to me whether the job duties in fact involve the ombudsperson making discipline-related decisions on behalf of the university. I would defer to my Canadian colleagues who are more familiar with investigations and ACCUO SOPs.
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