Question: Role of ombudsman in reinstating & reinforcing fair practices?

The ombudsman is an advocate for fairness and the equitable treatment of students, operates independently of all formal grievance processes at the university, and considers all sides of an issue in an impartial and objective manner. The ombudsman has no authority to make exceptions or to grant requests, but can perform informal investigations and, as a result, may recommend actions that lead to changes in processes and policies at the university. Meetings with the ombudsman are confidential. The ombudsman can be a resource for undergraduate and graduate students at educational institutions.
An organizational ombudsman is a designated neutral or impartial dispute resolution practitioner whose major function is to provide independent, impartial, confidential and informal assistance to managers and employees, clients and/or other stakeholders of a corporation, university, non-governmental agency, or other entity. As an independent and neutral employee, the organizational ombudsman ideally should have no other role or duties. This is in order to maintain independence and neutrality, and to prevent real or perceived conflicts of interest. Using an alternative dispute resolution (ADR) sensibility, an organizational ombudsman provides options for people with concerns, including whistleblowers, who seek to bring their concerns forward safely and effectively. Additionally, an organizational ombudsman offers coaching on ethics and other management issues, provides mediation to facilitate conflict resolution, helps enable safe upward feedback, assists those who feel harassed and discriminated against. Overall, the organizational ombudsman helps employees and managers navigate bureaucracy and deal with concerns and complaints. The organizational ombudsman role has evolved from at least two sources: a) an evolution from the concept of the 'classical' ombudsman and b) a spontaneous creation and re-inventionof the idea of an internal, neutral conflict resolveroften by senior managers who had never heard of the classical model. Evolution from the classical model: The classical ombudsman appeared in Sweden in the early 19th century as an independent high-level public official responsible to the parliament or legislature and appointed by constitutional or legislative provisions to monitor the administrative activities of government. This model has been copied and also adapted in many ways in many countries and milieus. The spontaneous creation model: The organizational ombudsman role has also been regularly "re-invented" by employers who did not know of the classical ombudsman but valued the importance of a senior manager who is a neutral, independent, confidential and informal problem-solver and systems change agent. Examples appeared in the 1920s in the US and probably appeared here and there in many cultures. In many organizations the organizational ombudsman is seen as part of a complaint system or link to a complaint system, but the office is intended to function, and to appear to function, independently from all regular line and staff management --- and to report to the CEO or Board of Directors. Many articles on these topics exist: for example. The concept has been widely implemented, and has been spread around the globe, with many corporations, universities, government and non-government entities establishing organizational ombudsman programs.

What the Ombudsman does:

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Provides a neutral and safe environment to talk Listens to concerns and complaints Presents options and helps to evaluate those options Helps students understand university policies and procedures Performs informal investigations Assists students in the pursuit of a resolution Refers students to appropriate campus resources Mediates conflicts Advocates for a fair process

What the Ombudsman does not do:

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Advocate for the student or the university Make judgments Make decisions on the individuals behalf Overturn academic actions Take part in formal grievance procedures Provide legal advice

Trustworthy and Dependable More often than not, employees are reluctant to voice allegations relating to issues such as harassment or discrimination, out of fear of the possible repercussions. To combat this fear, the ombudsman is viewed as a trustworthy, dependable, and risk-free party to whom employees can voice concerns confidentially. The ombudsmans role is multifaceted, and includes the following functions:
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Listener. Oftentimes it is helpful for an employee to merely use the ombudsman as a listener to help clarify the issues, disentangle complicated situations, and prioritize concerns. Information resource. The ombudsman is available as an information resource, providing access to applicable guidelines and policies, or facilitating communication with other services or appropriate administrative units. Provider of options. The ombudsman may suggest a range of feasible options and help employees evaluate the pros and cons. Role-player. The ombudsman is available to discuss potential situations and role-play an upcoming meeting, as well as suggest constructive approaches to handle difficult situations. Informal intervener. With permission of the complainant, the ombudsman can act as an intermediary to clarify issues and initiate problem-solving, including facilitating a mediation session. Trend recorder. The ombudsman will periodically report to management on problem areas and trends within the organization so that such issues can be addressed through policies and procedures.

In todays litigious environment, taking steps to reduce the risk of litigation is a smart business decision. Through the eyes of an employee, there may be nothing to lose and everything to gain by initiating a discrimination or harassment lawsuit with the potential for a payoff and satisfaction. Through the eyes of an employer, all it takes is one major lawsuit to adversely affect the bottom line and, therefore, whether or not the corporation makes a profit at the end of the year. The role of the ombudsman is essential in effectively managing employee relations and reducing the risks associated with litigation.

The Government of India has designated several ombudsmen (sometimes called Chief Vigilance Officer or CVO) for the redressal of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations. The CVC (Central Vigilance Commission) was setup on the recommendations of Santhanam Committee (196264). In India, Ombudsman is called as Lokpal or Lokayukta. An Administrative Reforms Commission (ARC) was set up on 5 January 1966 under the Chairmanship of Shri Morarji Desai. It recommended a two-tier machinery: Lokpal at the Centre (Parliamentary commissioner as in New Zealand) and one Lokayukta each at the State level for redressal of people's grievances. However, the jurisdiction of the Lokpal is not extended for judiciary like in New Zealand. The central Government introduced the first Lokpal Bill, Lokpal and Lokayuktas Bill in 1968 and lastly in 2005, which has so far not been enacted. The Government of India created Institution of Insurance Ombudsman in 1998 to handle the grievances of consumers regarding insurance policies. This institution is of great importance to the consumers as they are given a platform to express their issues with Insurance companies and get the issues resolved. Since the institution of Ombudsman is for protecting the policy holders interest, it puts consumers faith in the insurance companies and ensures that insurance companies are accountable in their transactions. Generally ombudsman is a person appointed by the organization to resolve disputes between someone outside the organization and the organization. Lokayukta institution has come into existence in different years, in different States in India. Orissa is the first state to present a bill on establishment of Lokayukta in 1970, however, Maharashtra is the first state to have established the institution in 1972. Thereafter, this institution was established in different States in different years namely: Maharashtra (1972), Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988), Delhi (1995), Punjab (1996), Kerala (1998), Chhattishgarh (2002), Uttaranchal (2002) and West Bengal (2003) and Haryana (2004). The structure of the Lokayukta is not uniform across all the states. Some states have UpaLokayukta under Lokayukta and in some states; the Lokayukta doesn't have sou moto powers of instigating an enquiry. Kerala State has an Ombudsman for Local Self Government institutions like Panchayats, Municipalities and Corporations. He or she can enquire/investigate into allegations of action, inaction, corruption and mal administration. A Retd. Judge of the High Court is appointed by the Governor for a term of 3 years. The appointment is made under the provisions of the Kerala Panchayat Raj Act. In the State of Rajasthan, the Lokayukta institution was established in the year 1973 after the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 was passed by the State Legislature and received assent of the President on 26.3.1973.

Submitted by: Semonti Nath V1101