Students who have grievances relating to a denial of academic freedom, a denial of due process, or inequality of treatment have recourse to the Student Judicial Office, the Ombudsman, or the Student Association for assistance in resolving such grievances. Faculty members with similar grievances have recourse to the procedures set forth in Articles 7, 10, and 11 of these bylaws, to the Faculty Personnel Advisor, and to the Ombudsman. Other members of the university community with such grievances have recourse to the procedures of Article11, and may consult with the Ombudsman.

19.1 The Ombudsman

The Ombudsman is a resource person whose services are available to any member of the university community. Duties of the Ombudsman include the following:

Assist members of the university community in accomplishing the expeditious settlement of administrative, academic, and individual complaints or grievances;

Make reports and recommendations to the president concerning complaints or grievances for which no remedy has been found;

Report annually to the University Council regarding the operation of the Ombudsman's office and provide an oral summary at a University Council meeting..

19.2 Access to Documents

Whenever necessary to the resolution of specific complaints or grievances, the Ombudsman shall have access to all members of the university community and all university records and reports with the exception of medical, psychiatric, the psychological records which will be released only upon presentation of a notarized waiver signed by the individual whose records are requested.

19.3 The Office of the Ombudsman

19.31 Appointment

The president shall appoint a person to fill the position of Ombudsman from among a list of acceptable candidates submitted to the president by the Ombudsman Review/Search Committee.

19.32 Term of Office

The Ombudsman shall serve a term of three years, beginning on that incumbent's first day of service in office. The Ombudsman shall be eligible for reappointment to successive three-year terms if recommended by the Ombudsman Review/Search Committee and acceptable to the president.

19.33 Responsibility

The Ombudsman shall be responsible to the president for the discharge of the duties of the office.

19.34 Resources

The president shall provide the Office of the Ombudsman with appropriate financial, secretarial, and office resources to fulfill its responsibilities.

19.4 Annual Evaluation of Ombudsman

Early in the spring semester of the first and second year of the Ombudsman's term, the University Affairs Committee of the University Council will evaluate the performance of the Ombudsman. The committee shall provide appropriate opportunities for input from members of the university community. The chair of the University Affairs Committee will submit the evaluation to the president with a copy to the University Council.

19.41 Evaluation of the Office of the Ombudsman

Every eight years, or at the time of the next vacancy in the office, whichever comes first (but not during a review/search year) during the fall semester, the University Affairs Committee of the University Council shall review the question of continuing need for the office of the Ombudsman. The University Council shall give strong consideration to the recommendations of the Student Association, the Faculty Senate, the Operating Staff Council and the Supportive Professional Staff Council.

19.5 The Ombudsman Review/Search Committee

19.51 Establishment

The University Council shall establish an Ombudsman Review/Search Committee when a vacancy in the office is announced and during the fall semester of the last year of an incumbent Ombudsman's three-year term of office. The committee shall continue until it has completed its assigned task.

19.52 Composition

The Ombudsman Review/Search Committee shall consist of:

(A) Three undergraduate students and two graduate students appointed by the Student Association;

(B) Two faculty members appointed by the Faculty Senate;

(C) One member of the supportive professional staff appointed by the Supportive Professional Staff Council;

(D) One member of the operating staff appointed by the Operating Staff Council;

(E) A representative of the university administration appointed by the president.

At the time of appointment each appointee should expect to be available on campus for the full academic year.

19.53 Officers

19.531 Committee Chair

The committee shall select its chair from among the faculty members of the committee.

19.532 Secretary

The representative of the university administration shall serve ex officio as secretary of the committee.

19.54 Voting Power

All members of the committee, including the chair, shall have the right to participate in all deliberations of the committee and to vote on all questions brought before the committee.

19.55 Duties

19.551 Review of Performance

During the last year of an incumbent's term of office, the committee shall determine whether the Ombudsman wishes to be considered for appointment for another three-year term.

(A) When the Ombudsman wishes to be considered for another three-year term, the committee shall conduct a review of the Ombudsman's performance in office, using the operative job description for the office as a guide. The committee shall provide appropriate opportunities for input from members of the university community. Upon conclusion of its review, the committee shall make a recommendation regarding reappointment to the president. A recommendation for reappointment shall require a vote of three-fifths of the membership of the committee.

(B) When the Ombudsman does not wish to be considered for another three-year term, when the committee fails to pass a recommendation for another term by the required three-fifths majority of its membership, or when the president decides not to reappoint the Ombudsman for another three-year term, the committee shall initiate a search to fill the office upon the expiration of the Ombudsman's term of office.

19.552 Recruitment

When the position of Ombudsman is vacant, or when a vacancy is anticipated under section 18.451(B), the Ombudsman Review/Search Committee shall undertake a search for candidates for the office.

(A) The committee shall develop a job description for the position and criteria for the selection of candidates.

(B) The committee shall conduct a national search for candidates, complying fully in the process with affirmative action guidelines and procedures.

(C) The committee shall insure that the constituencies served by the Ombudsman have the opportunity to interview the candidates and provide feedback to the committee regarding the acceptability of the candidates.

(D) The committee shall present a list of acceptable candidates, ranked in order of preference if the committee so chooses, to the president.

19.56 Resources

The president shall provide the Ombudsman Review/Search Committee with appropriate financial, secretarial, and office resources to fulfill its responsibilities.

03/09/05