Interview: Ombuds & Director of ADR Services for National Mediation Board

Daniel Rainey, Ombudsman and Director of the Office of Alternative Dispute Resolution Services for the National Mediation Board, is the subject of an interview in the current issue of Government Computer News. Given the focus of the periodical, it is natural that most of Rainey's comments address the role of technology in supporting the work of 14 mediators and 47 other staff members. Rainey also talks about his involvement with the Interagency Alternative Dispute Resolution Working Group, which reports to the president on the status of ADR in the federal government. Among other things, he is also working with Walter Reed Army Medical Center to create an Ombuds office. (Government Computer News.)

Related posts: Senate Bill Would Create DOD Ombuds Office; ICANN Ombuds Explains On-Line Dispute Resolution.

Another Federal Court Relies on Immigration Ombuds' Report to Rule Against Government

For the second time in as many weeks, a federal trial court has referenced the annual report by the U.S. Citizenship and Immigration Services Ombudsman to rule that the FBI's immigration background check process is unreasonable. In Philadelphia last week, U.S. District Judge Michael Baylson used sharp language to question the government's rationale for checking names a third time for citizenship after applicants have already been vetted in the visa and green-card stages. The report by CIS Ombuds Prakash Khatri provided the critical evidence for the court. (Philadelphia Enquirer; Mocanu v. Mueller, 2008 U.S. Dist. LEXIS 10122 (E.D. Pa. Feb. 8, 2008).)

Related post: US District Court Cites Report by Immigration Ombuds; Immigration Ombuds Tenders Resignation.

Meanwhile, the mainstream press has not yet reported on the abrupt resignation of Mr. Khatri, leading some to speculate on whether he was forced to resign because his criticism of Homeland Security was too effective or whether he simply abandoned the fight. Either way, we can only hope for another principled individual to take his office.

U Kansas Ombuds to Unveil Charter Document

The Ombuds Office at the University of Kansas has a adopted a Statement of Best Practices reflecting the IOA Standards of Practice and Code of Ethics in accordance with the recommendations of the International Ombudsman Association. The statement defines and clarifies the highest standards and best practices in the ombuds profession, as they apply within the context of KU and its ombuds office. At its recent meeting, the KU Senate Executive Committee voted unanimously to support the proposed Statement, which will be published soon on the office's website. (Oread.)

Related post: KU Ombuds a Top "Mover and Shaker".

ACCUO Annual Conference in May 2008

The Association of Canadian College and University Ombudspersons will hold its annual conference and general meeting in Halifax, Nova Scotia, on May 28 - 30, 2008. Conference session include:

• Investigator Training Workshop by Andre Marin, Gareth Jones & Sue Haslam, Ombudsman Ontario Office
• Leadership and Coaching Workshop by Robert Bisaillon, École des Hautes Études Commerciales
• Should an Academic Ombudsman/person Mediate Disputes? If so, When and How? by Nora Farrell, Ryerson University
• Imagination technique (controlling anxiety in students) by Norman Miller, McGill University

Contact Anita Pouliot or Hélène Letellier for details and registration. (ACCUO.)

Ontario Ombuds Facing Potential Strike

The 60 unionized staff of the Ontario Ombudsman office have voted 98 per cent in favor of a strike that could cripple the agency. Negotiations with the Canadian Office and Professional Employees Union broke down over demands for a longer work week and the loss of five guaranteed days off in exchange for paid overtime. The union contract expired on March 31, 2007. The vote authorizes a work stoppage as early as February 18. (Toronto Star.)

Organizational ombuds should take the opportunity to consider how they would act if labor unrest threatened the function of their office.

How Systems Resist Change

Ombuds regularly learn of systemic problems and urge organizational changes. Vickie Pynchon, who writes the Settle It Now negotiation blog, is sharing thoughts on Ken Cloke's presentation to the Founding Congress of Mediators Beyond Borders on 12 Ways Systems Resist Change. Cloke categorizes resistance in the following categories:

1. Marginalization;
2. Negative Framing;
3. Exaggeration;
4. Personalization;
5. Sentimentalization;
6. Seduction;
7. Alignment;
8. Legitimization;
9. Simplification;
10. False Polarization;
11. Selective Repression;
12. Double Binds.

This is an excellent framework for ombuds to consider. (Settle It Now.)

Immigration Ombuds Tenders Resignation

Homeland Security Secretary Michael Chertoff has announced the resignation of the department’s United States Citizenship and Immigration Services Ombudsman. According to Chertoff, Prakash Khatri, the nation’s first USCIS Ombudsman, plans to return to the private sector. Since his appointment in July 2003, Khatri produced more than 70 formal recommendations and numerous informal recommendations to reform immigration benefits process, ranging from citizenship, lawful permanent residency, employment authorization, adoptions, asylum and refugee status, and foreign student authorization. (DHS Press Release.)

Related posts: US Immigration Officials Rejects Ombuds' Reform Proposal; US District Court Cites Report by Immigration Ombuds.

Southern California Ombuds Group Sets May Meeting

The next meeting of the Southern California Ombuds Group will be hosted by Tina Feiger and Lucy Kluckhohn at Santa Monica College on Friday, May 16. Details are being finalized and will be posted on the So Cal Ombuds Blog.

DC Schools Ombuds Reports on Progress

Tonya Kinlow, the newly appointed Ombuds Public Education for the District of Columbia, has established an office, hired two assistant ombuds and staff, established a webpage and started taking calls. In her first months of the job, Kinlow has also been talking with other Ombuds to learn more about the role as well as meeting with education officials and community groups. According to an initial report to the D.C. Council and the mayor, the Ombuds received 40 inquiries for assistance in December 2007. But Kinlow is hoping that the workload picks up once the public knows more about her office. (Washington Post; Ombuds for Public Education Website.)

Related post: DC Schools Appoint First Ombuds.

Office of Thrift Supervision Appoints Ombuds

The Office of Thrift Supervision has appointed Frederick R. Casteel as its new Ombudsman. Casteel joined OTS in 1989 and has been Regional Director of the OTS Midwest Region for the past 15 years. Casteel is a certified mediator and has an accounting degree from Lamar University and a law degree from the University of Houston. (OTS Press Release.)

Experts Recommend Little Rock Schools Restore Ombuds Program

A group of academic experts that evaluated the 2005 reorganization of the Little Rock School District has recommended the School Board reinstate a number of eliminated positions. Heading this list was the Ombudsman. According to LRSD documents, the budget for the Ombuds Office in 2004-05 was $106,782. (Arkansas Times; LRSD Reorg. Evaluation Report; 2006-07 Budget.)

More Thoughts on the Decline of News Ombuds

Former NPR Ombuds, Jeffrey Dvorkin, offers his perspective on the apparent decline in the numbers of newspaper ombuds. Dvorkin observes that the traditional role of news ombuds is being challenged by a new "wiki" model of on-line collaboration with readers. Nonetheless, he believes that listeners, readers and viewers want to deal with a real person, someone whose job it is to listen to their concerns.

Dvorkin points to research that supports the need for an ombuds. One study by the Guardian in London showed that the cost of litigation drops by as much as 30% when there is an ombuds on staff. Other studies have shown that having an ombuds increases credibility and community respect for the newspaper or broadcaster and that an ombuds is good for internal newsroom morale. Dvorkin also notes that support for news ombuds is coming from non-news ombuds, whose ranks are growing fast in academia, government and not-for-profits. (Salon.com.)

Related post: Are Press Ombuds In Decline?

U Washington Faces Lawsuit Despite Mediation by Ombuds

Yesterday, the Washington Appellate Court ruled that a lawsuit against the University of Washington had been improperly dismissed by the trial court. The plaintiff in the case has alleged that she was raped by a Husky football player and that UW then treated her with "deliberate indifference." In its opinion, the three-judge appeals panel cited "ample evidence" to argue before a jury that the UW tried to keep quiet the 2001 allegation by discouraging the accuser from filing a police report, opting instead for a face-to-face mediation session with the University Ombudsman.

The plaintiff was a former equipment manager for the football team. She claims that a consensual sexual relationship with Roc Alexander became increasingly abusive and culminated in an assault. Months later, the plaintiff went to the UW athletic department and reported what had happened. She was advised to step down from her position with the team to avoid harassment by any of the players. Refusing, she agreed to attend a three-hour mediation overseen by the University Ombuds, where she asked that Alexander be suspended from the football team. The plaintiff alleged that at the conclusion of the mediation, the Ombuds "decided that Alexander would undergo counseling and perform community service." The plaintiff also claimed that, although the UW has a program for sexual-assault victims, the Ombuds did not refer her to that program.

In interviews with Seattle Times, the plaintiff said the mediation was "totally biased" against her. "I think that's the thing that has stuck with me -- how [the mediation] was run and the lack of outcome." The current UW Ombuds said Monday that the UW no longer uses mediation in cases of alleged sexual assault. (S.S. v. Alexander, No. 58335-2 (Wash. Ct. App., Feb. 11, 2008); Seattle Times; Seattle Post-Intelligencer.)

The procedural posture of the case dictated that the appeals court assume the plaintiff's version of facts to be true in order to address the legal sufficiency of her claims. These facts will therefore be challenged and tested in the trial court. Nonetheless, this case is sure to raise concern among ombuds and mediators. Here are the highlowlights of the court's decision:

• The UW Ombuds has a mandate to assist in protecting students' rights, is charged with the authority to receive complaints from students, and may recommend redress by the University President when the Ombuds has been unable to resolve the matter;
• The decision to conduct the mediation was made by the Ombuds, the Athletic Director, and the Assistant Athletic Director;
• The Ombuds did not disclose on-campus or off-campus resources to the plaintiff;
• The Ombuds revealed details of her conversation with Alexander to the plaintiff before the mediation;
• Mediation communications by the parties and the Ombuds/mediator came in to evidence (with no consideration of Washington's statutory mediation privilege);
• The mediation was resolved by a decision by the Ombuds/mediator and the Assistant Athletic Director;
• After the mediation, the Ombuds/mediator dictated a written statement for the plaintiff, acknowledging the matter was closed; and
• The Ombuds was an "appropriate official" for purposes of notice under Title IX.

Ombuds can take some solace in the apparent fact that the UW program does not conform to IOA Standards of Practice and thus is not an Organizational Ombuds per se. In particular, the mandate for the UW Ombuds specifically prevents it from being neutral, impartial, and informal. Moreover, the UW Ombuds disclosed communications that Organizational Ombuds would consider confidential. However, since the court did not recognize these distinctions, this is small comfort.

Job Posting: San Diego State University

SDSU is accepting applications for a University Ombuds. As director of the office, the Ombuds works primarily with students, guiding them through the dispute resolution process and mediating disputes. Administrative duties include recruiting and training volunteer Ombuds. Applications must have at least a Bachelor's degree, three years of professional student services experience and a minimum of one year of dispute resolution experience. Review of applications will begin on Friday February 22. No salary info available. (SDSU Jobs, Job Id. No. 1505.)

Related post: New Ombuds at Princeton.

Former Kent State Ombuds Passes

Dr. James Skellenger, who once served as the University Ombudsman for Kent State University in Cleveland, passed away this week at the age of 80. (RecordPub.com.)