Update: Lawsuit Seeks Restoration of Immigration Ombudsman Offices

Yesterday, several human rights advocacy organizations filed suit challenging the Trump administration’s decision last month to close DHS’s Office for Civil Rights and Civil Liberties, U.S. Citizenship and Immigration Services Ombudsman Office, and Office of the Immigration Detention Ombudsman. The lawsuit is demanding the restoration of these key DHS oversight offices. (Democracy Forward.)

Update: Court Enjoins Latest Title IX Rules, Including Ombuds Confidentiality

A decision last week by a federal district court in Kentucky effectively bars the U.S. Department of Education from implementing its 2024 Title IX rules nationwide. Ruling in Tennessee v. Cardona, the court found the Department's 2024 rules to be unconstitutional and in violation of the Administrative Procedures Act. With this ruling, schools are likely to revert to the 2020 regulations, which did not explicitly recognize Ombuds' confidentiality. The decision likely reverses progress made in recognizing Ombuds as a confidential resource for students—a designation IOA had long advocated.

2022 Year in Review: Cheers & Jeers

Here's part two of the annual summary of news from the Ombuds profession. Before a final post of the most important trends from 2022, here are some short takes on the highs and lows. Most of these came in pairs.

Fundraiser Marks End of Litigation for Ombuds at University of Mississippi

United Campus Workers of Mississippi, an employee union at Ole Miss, has launched a fundraiser to offset legal expenses incurred by University Ombuds, Paul Caffera, in his existential litigation with his employer. After several years, the lawsuit has now apparently concluded.

Law Journal Article Outlines Path to Ombuds Privilege

A forthcoming paper by Diana Simon, a law professor at the University of Arizona, examines the legal issues surrounding Ombuds' confidentiality and privilege. Despite the pessimistic title, "The Ombudsman Privilege is a House of Cards," Simon lays out the arguments that could lead a federal court to find a privilege for an Organizational Ombuds. The article is currently available as an Arizona Legal Studies Discussion Paper and will be published later in the University of Texas School of Law Review of Litigation.

Boeing to Create Ombuds Program as Part of Settlement in 737 MAX Lawsuit

Last week, shareholders reached a settlement in a derivative lawsuit against the American multinational aerospace corporation related to the unsafe 737 MAX aircraft. In addition to paying about $225 million, Boeing agreed to a number of remedial measures including the appointment of an Ombuds to provide a channel for employees to raise work-related concerns. The settlement approved by the Delaware Court of Chancery, explicitly requires the new Boeing Ombuds to follow IOA standards and be in place for five years. 

Caffera Resumes Duties at University of Mississippi

In an email last week, Ole Miss Chancellor, Glenn F. Boyce announced that the University Ombuds, Paul Caffera, will return to work. However, the message notably omitted any mention of the Ombuds' confidentiality, which continues to be a legal issue in the university's motion to dismiss Caffera's lawsuit in state chancery court. The undated email, which was provided by a university insider, says:

New Zealand High Court Offers Hope for Additional Uses of 'Ombudsman' Title

By law, the term "Ombudsman" is restricted in New Zealand and those who use it must get approval from the Chief Ombudsman, who has a mandate to investigate complaints against the government. Since 1991, only three exceptions have been granted, to agencies that oversee banking, insurance & savings, and electricity & gas providers. Thus, there are no other Classical or Organizational Ombuds in New Zealand. A recent ruling by the New Zealand High Court opened the door slightly for others to use the label.

Caffera Responds to University of Mississippi's Motion to Dismiss

The sidelined Ombuds at Ole Miss, Paul Caffera, has filed a response to the university's motion to dismiss his action in Chancery Court. Caffera's response offers several legal and factual reasons for the court to deny the university's motion. The response reveals that the University of Mississippi was seeking the identity of anonymous whistleblowers and suspected Caffera of being involved or knowing their identities. Caffera's response was published by the Mississippi Free Press, which continues to follow the case closely. (Caffera Response; Mississippi Free Press.)

University of Mississippi Moves to Dismiss Suit by Ombuds

The University of Mississippi has filed a motion to dismiss the civil action filed by its own Ombuds, Paul Caffera. This is the latest development in a long-running scandal involving allegations of racism, sexism, homophobia, cronyism, cover-ups, and retaliation by administrators and wealthy alumni that has drawn in the University Ombuds. In November 2020, Caffera retained his own attorney and filed suit in state chancery court, seeking an injunction to protect his confidential communications, discovery of the allegations against him, and declaratory relief upholding the Ombuds' Charter and awarding attorney's fees.

Update: University of Mississippi Sidelines Embattled Ombuds

The Mississippi Free Press reports that the campus Ombuds, Paul Caffera, has been placed on administrative leave pending the appointment of an interim replacement. Caffera, who was appointed in 2017, has been embroiled in an exploding conflict between faculty and administrators after giving upward feedback about racism and gender discrimination. MFP reporter Ashton Pittman has been covering the situation extensively.

University of Mississippi Ombuds Seeks Injunction Against Internal Investigation

Last night, the Mississippi Free Press broke a story about a conflict that has been roiling the University of Mississippi for the past two years. The article's lede is: “Members of the University of Mississippi faculty fear the school’s effort to root out whistleblowers who exposed issues of racism in the administration could also expose private information about employees and graduate students who have confided concerns to the university ombudsman.” The Ombuds, Paul Caffera, has filed a lawsuit seeking court protection from his own university.

Tribunal Protects Confidentiality of Asian Development Bank Ombuds

The external administrative tribunal that reviews personnel decisions for the regional development bank ruled that the Ombudsperson cannot be compelled to testify.  The tribunal issued the decision in response to a grievance filed by a terminated employee who wanted to call the ADB Ombuds (at the time Nick Diehl) as a percipient witness.  The decision explicitly rejected the request because of the Ombuds' inherent confidentiality.

The Ombuds Blog 2016 Annual Wrap-Up, Part II

This is the next installment of the year's most important Organizational Ombuds news.  The Ombuds Blog's sixth annual survey will conclude next Wednesday, December 28. 

Here are numbers four through six:

German Court Denies Confidentiality for Corporate Ombuds

A district court in North Rhine-Westphalia has held that a corporate Ombudsman cannot withhold information received from anonymous sources when requested by a state prosecutor. Although it has limited legal precedence at this point, it could undermine the reason many German companies appoint external Ombuds.

Florida Appellate Court Denies Ombudsman's Suit Against State

A Florida State appellate court had ruled that a former Long-Term Care Ombudsman cannot sue for wrongful termination. Former Regional Director for the Florida Ombudsman Council Clare Caldwell had alleged that she was fired in 2011 after complaining publicly that the Department of Elder Affairs had interfered with the Ombuds program, which investigates complaints about assisted-living facilities and nursing homes. 

IOA Releases Memo Providing Legal Grounds for Ombuds Confidentiality in Title IX Matters

In April of this year, the International Ombudsman Association solicited a legal memorandum from a highly respected law firm—WilmerHale—on the issue of Ombuds confidentiality in the cases implicating Title IX and the Clery Act. The memo, which IOA has just made public, makes clear that a campus Ombuds following IOA Standards of Practice and Code of Ethics may be designated as a confidential resource and not a “responsible employee,” and would normally not be considered a “campus security authority” under the Clery Act.

Settlement Requires New York School District to Appoint Ombuds

The Westbury School District on Long Island has settled a lawsuit filed by the State Attorney General alleging discrimination against undocumented students.  The remedial measure imposed on the District include the appointment of an Ombudsman, "who will provide new internal oversight over enrollment and academic placement policies within the district." 

Former Ombuds at Western Carolina University Testifies in Lawsuit

WCU's former Ombuds was a witness in a lawsuit filed by a university maintenance worker who says was fired after exposing petty theft on campus. In October, a state hearing judge found for the terminated employee; the university plans to appeal. A news report about the case implies that Jayne Zanglein, who was the Western Carolina Ombuds in 2013-14, was a witness for the plaintiff:

Noted: Nova Scotia Ombuds Fends Off Police Demand for Records

The Nova Scotia Office of the Ombudsman (a classical and federally established Ombuds program that receives complaints about municipal and provincial governing bodies) recently convinced a provincial court judge to protect documents sought by the Royal Canadian Mounted Police.