President Patterson Ponders Ombudsperson For Trent
Trent 
president Bonnie Patterson is considering an ombudsperson for Trent. We believe she deserves some credit for being on the right track in seriously looking at the implementation of an ombuds office. Putting into operation a truly independent ombudsperson, as distinct from the existing Human Rights Advisor, has been repeatedly recommended to Patterson, from at least as early as 1999, and is one of 12 recommendations presented to the board in the spring of 2003. More credit will be due Patterson if in fact an independent ombuds office is established during her presidency. This would be a positive and progressive step, bringing Trent in line with the growing number of universities (world-wide) who have independent ombuds offices, including Ryerson University, Patterson's former employer.
In Ontario human rights and the prevention of discrimination and harassment is set out in the Human Rights Code (the Code). The Ontario Human Rights Commission was established in 1961 to administer the Code. Unionized employees are generally required to deal with issues discrimination of harassment through their collective agreements (eg: grievance) and only if remedy is not achieved may they turn to the OHRC.
Distinct from human rights a plethora of issues arise in dealing with bureaucratic structures. That is why in progressive societies governments, government departments, and other public institutions set up independent ombudsman offices (Ryerson's Office of the Ombudsperson , Ombudsman Ontario and Canada Post Ombudsman are but three examples).
Trent, like any bureaucracy, will experience problems that negatively affect individuals or groups by reason of policy, improper administration of policy, lack of policy, malfeasance or simply by mistake. Trent has no mechanism to which individuals or groups may turn to lodge a complaint in a manner that assures fair, thorough, unbiased and independent investigation and which assures timely remedy and/or recommendations.
Trent's policy on Discrimination and Harassment is a document which, arguably, is restricted in scope to the internal handling of Code issues. It is insufficient to handle issues that typically fall to an ombuds office.
A major deficiency of this policy is the complete absence of independence in the handling of complaints which renders impartiality impossible. This policy places all power in the hands of the president.
By way of example, under this policy the Human Rights Advisor is responsible to the president, formal complaints are filed to administrators who are themselves responsible to the president, and the president has final say on any appeals. In the event a complaint is against the president it must be filed jointly to the aformentioned administrators, who are responsible to the president, who in turn shall consult with the chair of the board. Notwithstanding the problems of the board failing in its obligation to oversee management, the policy allows administrators' self interest to trump independence and negate impartiality. Additionally, confidentiality of the complainant is not guaranteed.
An ombuds office must be completely independent, fair and impartial - and be commonly seen as such - otherwise it will not have any credibility. While the office might issue reports to the president or board, it must not be beholden in any way to their pleasure. An ombudsperson must have unfettered access to relevant documentation and must be free to report - even if such report offends or embarrasses the president or board.
There are many resources upon which Trent might turn to gain valuable insight into the components required of a successful ombuds office. Some examples of these references were included with the 12 recommendations received by the board in June 2003.
An impressive example of the implementation of an ombuds office may be seen at Ryerson University. Ryerson's Office of the Ombudsperson website is well documented and provides a wealth of material to support its mission including contact information, policies, procedures forms, and reports. The Ryerson ombuds office makes a point of clearly stating it is confidential, impartial and independent;
The Ombudsperson is guided foremost by a concern for fairness. The Ombudsperson handles all cases impartially. She listens to concerns objectively without taking a side. The Ombudsperson is not an employee of Ryerson University nor is she affiliated with any student associations. She is independent of administrative structures and of student government.
The Ombudsperson has access to all University records which are relevant to a matter that is being reviewed. All contact with the Office is confidential. We are an "off-the-record" resource and not an office of notice. Action is only taken with the explicit consent of the person who raised the concern.
Not unlike Trent, the establishment of an ombuds office was raised many times at Ryerson. During the time Bonnie Patterson was at Ryerson in the capacity of dean of Faculty of Business discussions were renewed (fall of 1993). It was not until after Patterson left Ryerson to become the president of COU (September 1, 1995) that Ryerson held a fall referendum wherein students agreed to provide funding for the ombuds office. Ryerson's independent Office of the Ombudsperson was formally established on February 1, 1997. The office issued its first report covering the period February 1, 1997 to June 30, 1998 and has issued one annually since.
Although Trent's board minutes are typically vague, and absent meaningful detail, the published minutes of September 30, 2005 state;
2004-05 Human Rights Report. ... President Patterson noted that she was exploring the concept of an ombudsperson for Trent and might have more to report on this later in the year.
Patterson should be encouraged and congratulated for having progressed in her views of the viability and importance of an ombuds office at Trent. Back in 1999 when her colleague was hired to fill the year-long vacancy of the Human Rights Advisor on a part time basis, the Arthur reported Patterson was in the process of working out the details surrounding the establishment of and ombudsperson;
Patterson says one idea which has been proposed surrounding the Human Rights Advisor position involves the establishment of an ombudsperson at the university who would handle some of the responsibilities typically performed by the advisor. However, Patterson says there are still many details to work out.
There was, apparently, no follow up on that, with one exception. Several months after the board received a set recommendations, which included the need to establish an ombuds office at Trent, Patterson represented to the board on October 31, 2003 that there was little interest in an ombudsman at Trent;
Human Rights Annual Report, October 2003 ... In response to a question, the President noted that the notion of a University ombudsperson had been considered in the past but had not found favor to date.
Unfortunately the minutes do not include any details on what those considerations involved or if it was simply Patterson's personal opinion. Nonetheless many are pleased that Patterson has recently matured in her views.
While the establishment of an ombuds office at Trent is in the process of unfolding, we heartily encourage president Patterson to continue to explore the plethora of resources affirming the value, need and implementation of such an office. Patterson need only look to her former employer, Ryerson University, for a meaningful example of how instituting an ombuds office will bring benefits to Trent and the wider community.
Well done Bonnie!
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New Human Rights Advisor hired The Arthur - Volume 33, Issue 15 - January 26, 1999 by Lisa Whittington-Hill, Editor-in-Chief Trent University's Human Rights Office has been vacant all year, however an announcement is expected this week that will change that. University administration is expected to announce the hiring of Trent's new Human Rights Advisor. The position has been vacant since the departure of former advisor Patti Strong who left the position in September for a job opportunity in Bosnia. The Human Rights Advisor mediates and helps to resolve informal complaints. The advisor also interprets Trent's Policy on Discrimination and Harassment and how the policy applies to each individual case. They are also responsible for support, as well as human rights advocacy and education. The Human Rights Advisor is hired by Presidential appointment and reports to the President. According to Trent University President Bonnie Patterson and members of the Presidential Advisory Committee on Human Rights, Peterborough lawyer Ann Farquharson has been hired to fill Strong's shoes. Farquharson has, according to Patterson, considerable experience in children's law, family law and criminal law. She is a Trent graduate and President of the Peterborough Chapter of the Trent Alumni Association. However, Farquharson won't be filling Strong's shoes completely. She has only been hired as an interim advisor and will be putting in less office hours than Strong who worked 40 hours a week. According to Patterson, Farquharson will be on campus only 10 hours a week, however she will be available for consultation by appointment either in person or by phone. Patterson says that after consultation with various Trent community members she decided to proceed with an interim, part-time solution which would provide the opportunity to examine the advisor position and the function of the Human Rights Office. Patterson says one of the things which became apparent from both the consultations and recommendations from Strong was that there may be conflicts in the roles the Human Rights Advisor is expected to fulfil. "There are two types of advocacy. Advocacy as it relates to the policy directly and what I would call the education and advocacy around human rights issues on campus," says Patterson of the conflict of having these duties in the same role. She says the interim position will provide the time needed to work out these conflicts within the position. She says it will also enable the university to see whether the position is feasible with only part-time hours. For many students the concern is with both the reduced hours of the position and the time it took the university to hire a new advisor. Someone was supposed to be hired in September to fill the position, says student human rights advocate Holly Morrison. Morrison is also a member of the Presidential Advisory Committee on Human Rights which examines issues and make recommendations to the President. The committee is also mandated to work with the President and Human Rights Advisor to promote human rights within the Trent University community. Morrison says the hiring delay shows a lack of commitment on the part of the university toward human rights. "It signals that the university is not exactly committed to human rights advocacy, education or prevention," says Morrison of the fact that the position was not filled in the first three months of school. Morrison says the delay has affected Trent students and made it difficult for the advocates to perform their job duties. The job of Morrison and the other student human rights advocates is to determine whether a complaint falls under Trent's Policy on Discrimination and Harassment. The advocates also make referrals and outline options with those filing informal complaints. Morrison says the advocates have been given little guidance and Patterson, who is supposed to be taking on some of the responsibilities as Human Rights Advisor, has been of little assistance. Fellow advocate Theresa McDonald echoes the sentiments of Morrison when she says that this year has been a frustrating one for advocates who have found themselves on their own. She says the advocates have not had anyone to connect with at the administrative level. She says she is also worried the reduced hours Farquharson will be working may jeopardize the advocacy program. McDonald says the new advisor will not only have to get accustomed to her new position but will also have to deal with the work which has been accumulating since Strong's departure. McDonald fears this will leave little time for things such as the training of new advocates, who are supposed to be hired in February. "Anyone who had direct human rights complaints or concerns was to go to Bonnie," says Heather Avery, Chair of the Presidential Advisory Committee on Human Rights. Patterson says staff was in place to provide support and that any actual requests for guidance or advice have been handled through her office. Patterson says requests for advice or guidance were handled satisfactorily and individuals got the information they needed. "My sense is that we have dealt with the calls that have come in. I suspect that when people know an office is vacant if indeed an issue has emerged that they haven't come forward with I am sorry if that is the case, on the other hand we're certainly unaware of any cases that haven't been supported or any consultations," says Patterson. However, Morrison says Patterson was inaccessible and that not even the advocates could meet with her during the time the position remained vacant. Morrison says she has been approached by students who don't even know where the President's Office is and even if they did would not feel comfortable discussing personal matters with her. Morrison says there is also the question of what qualifications Patterson has when it comes to human rights law or policy law. "She's inaccessible and we don't have any idea what her qualifications are," says Morrison. While Morrison says she's happy someone has finally been hired she says she's worried that those with complaints may have fallen through the cracks in the absence of an advisor. "It sends a clear message to the university community that the president or the powers that be don't have a clear commitment to human rights and don't have a clear commitment to prevention on campus," says Morrison. Patterson denies that the delay suggests the university is not committed to human rights. "That's just not true. If that had been the case, one would have perhaps taken an immediate step that was not interim in making a change. I would like to pursue this by way of some review by some external expertise before we actually move forward," says Patterson. According to Patterson, the university pursued two different individuals that had both interest in the position and the necessary qualifications. However, other job opportunities became available for both individuals which meant the hiring process had to be repeated resulting in the delay. "Bonnie's been looking for a replacement quite actively since Patti left," says Avery. "I'm sure people are frustrated by the delay, on the other hand I think Bonnie is trying to proceed quite carefully before a Human Rights Advisor is hired permanently," says Avery. Avery says she agrees with Patterson's decision to hire an interim advisor until the conflicts and concerns regarding the position can be worked out. "Short term pain for what I would see as long-term gain," Avery says of the hiring delay and the decision to hire Farquharson on an interim basis. Trent Central Student Association (TCSA) President Dave Wallbridge says the desire to fill the position on an interim basis may be one of the reasons for the delay. He says it may have been easier to attract a candidate had the position been permanent. Wallbridge says the fact that the position is only part-time may have been another reason for the delay. Patterson says one idea which has been proposed surrounding the Human Rights Advisor position involves the establishment of an ombudsperson at the university who would handle some of the responsibilities typically performed by the advisor. However, Patterson says there are still many details to work out. "The question is what would the relationship be between an ombudsperson role and a Human Rights Advisor given the nature of experiences and consultation that this particular office undertakes," says Patterson. While there are still details to be worked out many Trent University community members say they are relieved the Human Rights Advisor position has finally been filled. "There's no excuse for them not hiring anyone sooner," says Chrissy Poulos, Trent Women's Centre Coordinator. Kira McCarthy, Trent Queer Collective (TQC) Coordinator says the delay in hiring a new advisor has not been good for the university community. "If the university cared about human rights something would have been done sooner," says McCarthy. She says students didn't know where complaints should be taken. McCarthy says she received calls to the TQC from people with issues of possible human rights violations who didn't know where to take their complaints. She says complainants may not feel comfortable talking to the president about personal concerns and matters. McCarthy says student groups were actively involved in getting a Human Rights Advisor in the first place and should have been consulted when it came to hiring a new advisor. The advisor position was created in 1993, Strong was the second individual to fill the position. Mala Naraine was the university's first Human Rights Advisor. |
