Confidentiality

ConfidentialityThe ombudsperson is firmly committed to maintaining the confidentiality of visitors and will keep all information confidential to the extent allowed by law, unless there is a threat of harm to oneself or others.

The ombudsperson will not disclose that your meeting or any part of your confidential communications except with your permission to do so.

In those situations in which the ombudsperson believes that talking with someone may help your situation, he or she will ask for your permission before any disclosures are made.

When the ombudsperson discusses a situation with a human resources manager or others, it is because he or she has been given express permission to do so by a visitor to the office. The ombudsperson may be taking a problem forward for help in resolving the issue or seeking clarification for the visitor. The ombudsperson must maintain working relationships with managers and others and may meet periodically with such individuals to discuss situations where the ombudsperson has permission to speak with that individual.

The ombudsperson attends various meetings to learn about changes in the university and may serve on or chair committees not related to functions of the office.

Frequently asked questions

1. Are there some things that will not be kept confidential?
Absent a court order, the ombudsperson will maintain the confidentiality of all dealings and communications with the office and will assert any and all legal protections to maintain that confidentiality.

The only exception to the confidentiality is when the ombudsperson determines that an imminent threat of serious harm exists to the visitor, others or the ombudsperson. Persons with particular concerns about confidentiality should raise them when meeting with the ombudsperson.

Without breaking confidentiality, the ombudsperson reports general trends and suggestions for improvements to the campus community. With permission, the ombudsperson may discuss the issue with others involved in it. 

2. Can I remain anonymous?
Yes. Individuals can remain anonymous by:

  • Calling the ombudsperson to discuss an issue.
  • Meeting with the ombudsperson without giving any name or by using an assumed name.

If anonymity is requested, the ombudsperson will work to find a way to address concerns in a way that does not compromise the person’s identity. However, remaining anonymous may limit the options available for resolution of concerns.

3. What kind of records does the ombudsperson’s office keep?
Usually, the ombudsperson will not take notes of the conversation or only jot down reminders of tasks to complete. The ombudsperson maintains minimal hard copy or electronic copy of records, and keeps them only for reference while issues are under discussion. All hard copies are maintained under lock and key, and are returned or shredded when they are no longer needed. All electronic copies are protected by passwords and deleted when no longer needed. The ombudsperson’s office is locked when no one is in the office.

The Office of the Ombudsperson maintains a record of the number of individuals seeking assistance and the types of problems that faculty, staff and postdoctoral trainees raise. These records are used for annual or other reporting purposes. 

The ombudsperson keeps no permanent records of client names.  

4. Are visitors waived of this confidentiality agreement?
This confidentiality cannot be “waived” by users of the office because the privilege of confidentiality belongs to the Office of the Ombudsperson, and not to the users of the office. Because confidentiality is so important to the ombudsperson, all communications with the office are made with the understanding that they are confidential and off-the-record, and that no one from the office will be called to testify as a witness in any formal or legal proceeding to reveal confidential communications.

Thus, visitors are asked to agree that in the event of any legal, administrative or other formal proceeding involving or arising out of a situation about which they have consulted the ombudsperson’s office, they will maintain the confidentiality of all dealings and communications with the ombudsperson and will not disclose them unless compelled to do so by a court order.

5. Will the ombudsperson talk to my attorney or testify for me in a grievance or legal action?
No. Once a matter is in a formal process, including grievances and legal action, the ombudsperson does not have any further involvement in the situation. Because confidentiality is so important to the ombudsperson, all communications with the office are made with the understanding that they are confidential and off-the-record, and that no one from the office will be called to testify as a witness in any formal or legal proceeding to reveal confidential communications. Absent a court order, the ombudsperson will maintain the confidentiality of all dealings and communications with the office and will assert any and all legal protections to maintain that confidentiality.