OMDOSHEAA 5th Conference
Conflict Resolution in Universities
Below are presentation materials and other resources from the 2006 Conference hosted by the University of New England on Monday 4 and Tuesday 5 December.
1) The Services we present at UNE:
Ombudsman
Lorraine Roberts
Dean of Graduate Studies
Kay Harman
Equity Office Lyn
Tucker
Counselling Rhonda
Leece
2) Respecting the Principles of Natural Justice
Professor Eilis S Magner, UNE Senior Ombudsman
The principles of natural justice require that each person affected by a decision be informed about the subject matter of an inquiry and have a chance to put a case. While the principles are clear what this means in practice will vary according to context. This paper will discuss what is appropriate in the context of decisions to be made by those dealing with complaints at Universities.
3) Examining Grievance and Complaint Procedures: The Experience in One University
Bev Hill and Jan Stuart, University of Western Australia
A Working Party to review grievance and complaint management at the University of Western Australia was constituted in 2004 to consider issues for three client groups – students, staff and the general public. In general the brief to the Working Party was to rationalise the variety and complexity of grievance and complaint mechanisms in the University. A number of cases had revealed difficulties in identifying the appropriate process for managing complaints. The University was also aware of high profile cases in the broader University sector that had raised concerns within government and the public about the quality of university management. The final report of the Working Party was submitted to the University’s Executive in August 2006. The recommendations of the report have been accepted and a process of implementation has begun. The session will describe the process by which the review was conducted and outline its general findings. It will also raise issues that remain significant challenges to effective grievance and complaint management, particularly in the area of staff. For example, there is a widespread belief that making a complaint is a ‘career-limiting’ move. Complaints may also arise in the context of a school review. How can universities address ‘complaints’ without a ‘complainant’?
4) Workshop – Problematic Cases
Chair: Associate Professor Anne Simpson, Student Ombud, UniSA
After an introduction and a general discussion of several examples, participants broke up into small groups where they were able to discuss particular cases which had raised principles and issues that they wanted to debate, and where they had been faced with a dilemma as to how to proceed.
Cases involved problems associated with equal opportunity, disability issues, students with ‘medical conditions’, harassment/bullying, following up recommendations for change resulting from investigations, financial compensation, confidentiality of records, supervising students with English language limitations, student-student clashes, and so on.
5) Complaint Handling in Universities NSW Deputy Ombudsman
Chris Wheeler BTRP MTCP LLB (Hons)
Complaint Handling in Universities (December 2006)
Documentation distributed by Chris Wheeler
Dealing with
Difficult Complainants
Conflict of Interest - Fact Sheet no 3
Handling Complaints - Fact Sheet no 8
Investigation of Complaints - Fact Sheet no 9
Apologies Information Sheet
Protection
of Whistleblowers Information Sheet
Protected Disclosures Fact Sheet
Thinking of Blowing the Whistle Agencies
Whistling While They Work
Flyer
6) Integrated Grievance Handling Mechanisms in Universities – A Viable Alternative
Professor Hilary Astor, Professor of Dispute Resolution, University of Sydney
University disputes are increasingly complex, politicised and involve significant expenditure of time and dollars which could much better be spent on core activities of research and teaching. Media interest in these disputes is intense and the damage done to university reputations by publicity about some disputes is considerable. This paper will consider the argument that universities can best save costs (including the costs of a federal University Ombuds) by developing integrated conflict handling mechanisms.
7) Giving Everyone a Hearing: Maintaining Independence and Objectivity in a Large Organisational Structure
Carmen Ayres, RMIT Ombuds;
John Breheny, Executive Officer to the RMIT
Ombuds
This presentation explained the source of the RMIT Ombuds authority, what the Office is authorized to do, how the Ombuds sits in the complaint process at RMIT and the associated bodies (Internal Audit and the Public Disclosure Coordinator) who supports the RMIT complaint process. The practical authority of the Ombuds was discussed with reference to the profile of complainants, the assessment and investigation process and the failure of the complaints process to address the complainant’s issues. Impediments to resolution were also discussed with a particular focus on why organizations have an innate inability to criticize themselves. The discussion concluded with the challenge the Ombuds have in monitoring implementation of recommendations.
8) Maintaining Our Records (part a, part b & part c)
Professor Eilis S Magner, UNE
Senior Ombudsman,
Caroline Elder, Manager RMO, University of New England
An important part of our task is to create and manage records. This was a joint presentation by the UNE Senior Ombudsman looking at the content of the report of a University Ombudsman and Caroline Elder, Manager of the Records Management Office at the University of New England.
9) Complaining hard and complaining often: what now for the future of grievance handling in Australian Universities
Associate Professor Anita Stuhmcke, University of Technology Sydney
The rise in numbers and the growing complexity of university complaints to external review agencies: (a) Why is this happening? (b) What does this mean for our ombuds/dean of students offices? (For example does it mean there should be a national university ombudsman such as the Office of the Independent Adjudicator for Higher Education which was introduced recently in the UK?)
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