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The Embedded Ombuds

The Embedded Ombuds

By Bruce MacAllister - who originally shared this article on LinkedIn

It was a pleasure to attend the most recent conference of the International Ombuds Association in Miami, Fl. It is always recharging to share ideas, reconnect with dear colleagues, and to gain a sense of awareness of current issues, challenges, and opportunities.

There were several issues that seemed to be firmly in the zeitgeist in the ombuds world. Among them were the challenges posed by the current U.S. Presidential administration’s war on learning, higher education, and its apparent perception that all universities pose a threat as bastions of liberal elitism. Ombuds working in higher education form a significant proportion of the current membership of the IOA and the cloud of potential repression of free thought and dialogue in the university context hung heavy among many.

Another issue that seems to have come into focus is an issue of how organizational ombuds services are delivered. In fact, an entire plenary session was devoted to an exercise attempting to gage the participants’ attitudes relating to whether services are provided through directly employing the ombuds within the organization, or whether ombuds services were provided though a contract mechanism by someone external to the organization. The terminology used for comparison purposes was an “embedded” ombuds versus a contract ombuds. In the session, I weighed in to explain my view that this approach introduced a false dichotomy that actually distracts from the true issue. The purpose of this post is to expand on this thought.

As a long time ombuds practitioner, I am engaged in frequent chats with other ombuds and a concern that has surfaced in these discussions is whether services provided by an external ombuds contractor can be effective. Based on these chats, it seems that the underlying concern has little to do with whether services are provided through a contract or through direct employment. Rather, the concern is whether an ombuds who is ostensibly providing services while they are remote and removed from the organization can truly provide meaningful services. So, the question is not whether the ombuds is retained via a contract but rather how deeply embedded is the ombuds providing the services.

In my work as an ombuds (now for more than 30 years), I have provided services physically on site “brick and mortar” programs, provided remote support services to programs located in entirely different states, and served via a professional services contract as the ombuds responsible for providing global ombuds support. Based on this range of experience, what I have learned is that, to be effective, an ombuds must always be embedded. As I use the term, embedded does not necessarily mean one has to be directly employed by the organization, nor does it necessarily mean that one has to work on site. What it does mean is that one must be deeply familiar with the organization they serve.

To be deeply familiar with the organization the ombuds serves requires deep knowledge of the organization, its purpose, its culture, and the panoply of other support services available to the constituents the ombuds serves. Embeddedness is part of the spectrum of ombuds competencies, not the mechanism by which the ombuds provides the services. What follows are some examples that I hope illustrate what embedded means in this context.


When I began my first ombuds role, I was selected to provide in-house, brick and mortar ombuds services to a workforce in which I had already been employed for over ten years. I had worked in system wide services as an employee relations specialist, a trainer in employment and environmental law, and a chief of staff in a major information systems function. I had deep knowledge of the organization. I was, in fact, already deeply embedded in the organization. My challenge was not that I did not know the organization, its purposes, culture, and other services. My challenge was learning all the functions and nuances of serving as its first organizational ombuds. That is, becoming competent in other aspects of serving as an organizational ombuds.

Later, I was selected by another large, elite university to come aboard (as an employee and technically a faculty member) to launch its brand new ombuds program. As an experienced ombuds I knew many things. I had learned how to launch and implement programs and knew how to work with visitors. But I was not embedded. I had to learn the physical geography of a large campus, the many other key programs and key personnel, and a whole new roster of sister services, from which I might receive referrals and to which I might make referrals. I had to meet with at least 39 other offices and their program staff. I had to socialize the ombuds concept with them, but as important if not more so, I had to learn about each of these programs. I had to meet the deans, department heads, key personnel and its governing Board of Trustees. I had to learn the hierarchy and the interplay between the various functions, staff, and personalities. To be effective, I had to work tirelessly to learn the new highly complex organization. Looking back, I was not entirely embedded or entirely effective for almost a year!

By contrast, some years later I was recruited to provide additional support for an ombuds program for a large state university because its ombuds program was faced with an overwhelming caseload. In this role, I never set foot on campus. I never met the key players. I was not directly embedded. The only way that I found I could be effective as a remote associate ombuds resource, was to be “embedded by proxy.” What this meant was that I had to work in lock step with the university ombuds who was fully embedded. I had to work with visitors and explain that I would need to explore what the available options and resources were. Granted, I slowly gained direct familiarity with the services and key players, but my role was inherently limited and inherently less efficient and effective as a result.

By sharing these examples, I do not mean to imply that an ombuds must always be physically situated within the organization. For over 13 years I served (remotely through a professional services agreement) as the ombuds for a global organization responsible for monitoring and addressing a wide range of internet abuses and problems. The members of this organization and its key players were scattered around the globe, with key functions in New Zealand, Australia, Europe, and North America. Stakeholders included virtually anyone with internet access. How could an ombuds possibly become effectively embedded? In this role, I found that to be adequately embedded required deep knowledge of the structure and function of the systems. It also required the ombuds to establish close and effective working relationships with other services that supported the overall system, such as Interpol and the FBI, and various internet watchdog groups that monitored the entire system for abuses. A key function of the ombuds was to provide feedback regarding any weak links to the safeguard systems. Over 13 years, as ombuds, I provided quarterly and annual reports that identified issues, themes and areas requiring attention. Ironically, over time with continuous feedback and improvement, the overall system – including the ombuds program – worked so effectively and reliably that the need for an ombuds to serve as a failsafe in the system became unnecessary.

Through this post, I hope I have illustrated my belief that some involved in the current dialogue are misapplying terminology. My experience has demonstrated to me, that the discussion should indeed focus on whether or not an ombuds is effectively embedded. But we need to understand that what the term refers to is not how the ombuds is retained or employed, but instead refers to how effectively the ombuds knows the organization and can effectively engage with its key functions and personnel. One can be a highly effective ombuds and provide services as a contractor if they are indeed embedded. And one who is employed in-house but does not know the organization, its culture, its key support services, and key personalities, can be entirely ineffective.

As I view it, the term embedded, as I use it, should be a factor that all ombuds must appreciate, and one which we should discuss as a professional community. There are indeed programs out there that purport to offer off-the-shelf ombuds services through a remote team of personnel who may know the fundamentals of ombuds practice, but cannot possibly provide effective ombuds services without more – embeddedness.

Warnings about Data Security and Follow Up Surveys

Data security is critical for Organizational Ombuds.   Many offices have developed excellent relationships with your IT departments to ensure data is both secure and independent from other systems. Many of you discourage email contact from visitors to protect their confidentiality and/or use 3rd party scheduling software like Calendly or Doodle.  And many of you have retention policies that help manage confidential information.   

Yet as a field, we also heavily rely on exit surveys as a method to follow up with visitors regarding the impact of the ombuds, and there are offices that can only send those surveys out through mainstream organizational platforms.  Given the number of technology breaches in today’s world, we encourage you to explore other channels to connect with visitors post-meeting, and to audit both your tech systems and digital communications for any new vulnerabilities.    

In 2023, we alerted ombuds to the digital footprint Microsoft Teams leaves and enocuraged ombuds to review Zoom or other virtual platforms for similar footprints.  In 2025, we encourage you to review both your intake and post meeting procedures, including surveys, for any possible digital footprint.    

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March 5, 2025 Certification Update

New Program: 

The Board of Certification approved a new individual certification model for organizational ombuds.  The following are requirements under the new certification program: 

Experience

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Resources for Members and Why Explaining Your Value Is More Important Than Ever

31 January 2025

We know that so many in our US Government and US Higher Ed communities are being upended by uncertainty and the impact of new policies.  We also know you  may need to justify your roles and offices now more than ever.  To help support you, we wanted to share some resources, including some talking points that may be useful: 

  1. First and foremost, please know we are here for you.  Please reach out to IOA (President Sarah Klaper, members of the Board, Executive Director Ellen Miller) or your ombuddies if you need support, a sound board or just a friend.   If there is something you need, please do not hesitate to let us know

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Guidance For Higher Ed Ombuds re: Title IX

Earlier this month, U.S. District Court in Kentucky vacated the U.S. Department of Education’s Title IX regulations published in August 2024.  This means the 2020 regulations are back in force (or remain in force for those institutions who didn’t make the change).  

The 2020 revised regulations limited the ways in which an institution “knows or reasonably should know” of incidents of sexual harassment to give notice to the Title IX coordinator or an “official with authority to institute corrective measures.”    

What does that mean for Ombuds?   

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January Updates

Dear Community, 
We hope you are easing into the new year and enjoyed some time to rest and restore. We have a few updates to share related to the Miami conference, plans for 2026, plans for 2027, and certification.  

1. Educational Events 2025, 2026, 2027
2025 conference 
Government Rate Rooms:  We understand additional government rates rooms are needed for the April 7-9 conference in Miami.  Typically hotels control how many government rooms they will allow in event contracts, so we are at their mercy to add more.  In the interim, we suggest you register at the regular IOA rate to secure a room.  Alternatively, government rates at other Miami hotels can be accessed here or a similar search.    
2026 and 2027 conferences
We understand some members plan to attend conference 2026 in lieu of Miami, so we wanted to give you an idea of what is planned for ‘26 and ‘27. 
We find ourselves trying to balance a myriad of issues:  the climate in many offices is changing, many members are experiencing decreased travel/professional development budgets, and the cost of live, in-person conferences continues to go up.  In addition, we are mindful that only a percentage of our community (in the US and internationally) can travel to in-person events. The Board takes these issues seriously and has been discussing how best to balance all these interests.   
We have concluded that the best way to address these interests is to intentionally plan for virtual annual conferences every few years
That doesn’t mean there will not be opportunities to get together in-person each year.  You may recall the Board’s Education Strategy that was adopted in 2023 added a signature event:  The September Symposium.  With this addition, we have created one live and one virtual event each year.   For the past 2 years, the September Symposium was a virtual event.  That is also the plan for 2025.  
For 2026, we are planning for a virtual Annual Conference and an in-person September SymposiumFor 2027, the Annual Conference will be in-person in Vancouver, British Columbia, Canada, and the September Symposium will be a virtual event.  
For those looking to pick up again in person in 2026, we hope to see you at the September Symposium at a location TBD.  For those worried about travel in 2025 and 2026, we hope this provides some relief.  For those who are not able to attend in-person conferences each year, we hope you feel seen by these plans.   
We learned a lot in those pandemic years, and have learned a great deal hosting the September Symposium virtually for the past few years.  We do not doubt that the virtual experience, albeit different, will be great! 

2. Certification Update
As promised in the December update, we are committed to updating the community as changes are made to Individual Certification and we roll out new Program Certification.   We were energized by the positive response from our December message; it confirms we are on the right track.   
The Board of Certification voted in January to stop awarding Candidate for CO-OP designation.  The primary reason this designation was created was to address the needs of those who were not able to demonstrate organizational compliance to the Standards of Practice.  Given upcoming changes to Individual Certification, there is no longer a need for this designation as certification will be based on individual knowledge and skills.   There are very few ombuds who hold that designation and they will be notified of next steps once the Board has determined the best pathway.   
If you have any questions about any of these issues, please feel free to reach out to Sarah Klaper, IOA President, Ellen Miller, Executive Director or Mollie Berg, President of the Board of Certification.   

Supporting Our Colleagues

As we begin 2025, many of our ombuddies are faced with extremes related to weather and other world events. While much of the US has been impacted by severe cold, snow and ice this week, our colleagues in Los Angeles County are facing tremendous uncertainty related to devastating wildfires.  Their homes and the homes of their friends, family, colleagues and stakeholders have been impacted. If anyone would like more information on how to support, please reach out to our friends at Cal Caucus and particularly Serena Young at [email protected] for more details.  What makes our community special is our connections and support of each other.  Please keep these ombuddies in your thoughts and prayers. 

Starting February 6, we will hold space for a quarterly community wellness check-in on the first Thursday of the 2nd month of the quarter at 8 am Pacific:  6 February, 1 May, 7 August, and 6 November. To join us, please use this link to access the space.   

If there is anything IOA can do to support you, as always - please reach out and let us know. 

 

Exciting Changes in Certification/Last Day to Submit an Application under currrent model: December 31, 2024

We wanted to update the IOA Community regarding the status of Program Accreditation and its impacts on individual certification.  

As we have previously shared, a Joint Task Force was established in 2022 to explore the development of a program accreditation model.  This was the natural next step based both on IOA’s current Strategic Plan and the Board of Certification’s recommendations.  To support the Task Force’s work, IOA hired a subject matter expert to review and benchmark our certification program against others.  The consultant made a series of recommendations that matched the thinking of the Joint Task Force and also confirmed the direction we needed to go.  

One of the recommendations was to stand up a Program Certification model, not a Program Accreditation model, so the Joint Task Force focused on what a properly structured office would need to look like, and how an office can be structured to allow the ombuds to adhere to the Standards of Practice.  Many offices and organizations have expressed an interest in Program Certification to help demonstrate and highlight the importance of both the ombuds function and a properly structured office.  Certain sectors i.e. higher education, government, healthcare, biomed research, also have a culture that values certification and accreditation, so this additional certification will be especially important for those offices.    

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International Efforts: Focus on Canada

IOA's Internationalization Task Force finished its work earlier this year and recommended a series of priorities to guide international activities. This included regional education, greater clarity for the four Regional Advancement Communities (RACs) and exploring how best to advocate and protect the OO model in Europe.

This prioritization identified Canada as the next area of focus internationally. As a result, we have increased our outreach to this important community, developed a Canadian focused Foundations curriculum, and teed up a regional Foundations instructor team going forward. We also participated in a special Ombuds Symposium convened by the University of St. Paul’s Center for Informal Dispute Resolution in May, and held our first Foundations in Ottawa this September.

Did you know that Canada is home to IOA’s second largest group of members? Did you also know that the Canadian Public Sector Ombuds are the largest population of organizational ombuds in Canada with over 120 and counting? There are currently 50 federal government ombuds offices supporting the federal public sector and the community is robust and organized. They have just completed an introductory video building on IOA’s Modern Ombuds video that is available in both English and French for Canadian offices. These videos were shared at the Forum for Canadian Ombudsman (FCO’s) Annual Conference in October:

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Creating and Nurturing Culture at IOA

IOA launched our Organizational Values and Community Norms, and the Concern and Complaint Policy for all IOA participants back in 2023.    

It has been about 18 months since these were approved by the Board of Directors, and we would like to hear your perspectives on their impact via this short survey.   If you prefer, please feel free to reach out to me, or our our Ombuds team

Together, we will build and nurture the community we want at IOA.  

European Ombuds Ready to Meet

 The European Group of Ombuds and Mediation Representatives, a gathering of professionals from large European and international organizations is meeting at SAPs headquarter in Walldorf for their annual conference. This annual event offers a unique opportunity to come together, share best practices, and collaborate on the evolving role of Ombuds in today’s world. 

 "At SAP, we’re excited to not only share our own 15 years of experience as Ombuds in the IT and High-Tech sector, but also work with this group of professionals on topics like AI and tools and best practices in a series of Breakout Sessions throughout the 3-day event," says Carsten Pöschl, Global Ombudsperson at SAP.  At next week's gathering, attendees will dive into workshops, discussions, and explore how technology and innovation can support the Ombuds community in addressing todays and future challenges. A highlight will be welcoming Sarah Klaper, President of IOA and other Ombuds professionals on stage for panel discussions with the group of 60 experts expected from across Europe. 

IOA would like to extend our thanks to the European Ombuds and Mediator Group co-chairs Jutta Reitmeier at Mars and Diana Vermeul, at HarmoniKon and Carsten Pöschl and SAP for their sponsorship and support of this conference.   

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IOA and Higher Ed Ombuds Featured

IOA and Higher Ed Ombuds Featured  
 
IOA was contacted by US News and World Report in August to help shape their story: What Students Should Know About College Ombuds.  We hope this resource will be useful to our Higher Ed Colleagues who serve students.   
ICYMI, Forbes has also published several articles on Ombuds that may be of interest (see E.Miller).  All these resources are posted on our website's resource section for those interested in setting up a program.  

Change is the only constant.... and this one is bittersweet.

12, June 2024 

As you may have heard, Lindsay Jennings - our fabulous Managing Director and Vice President of Business Development at SBI Association Management – has accepted the position of Executive Director of the Orcas Island Community Foundation. This is a very exciting opportunity for Lindsay, as she will have a direct impact in the community she calls home. We find ourselves both celebrating for her and feeling very sad for IOA.  

Lindsay has been integral to the growth of IOA since 2018 and was on the transition team right from the start. She quickly learned all things IOA, devoted 50% of her time to IOA and beautifully managed her team at SBI to support us. She also helped shepherd two executive directors, which is no small task. We have all come to rely on her calm and wise demeanor, sage counsel, and authenticity. So, this will be hard.  

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New Title IX Regulations Note that Organizational Ombuds May be Classified as Confidential Employees

IOA was handed a big win today!  Revisions to Title IX were released Friday, 19 April and IOA is thrilled to see the US Department of Education's inclusion of Organizational Ombuds as employees who may be designated as confidential employees for Title IX purposes.  

Since 2012, IOA has actively commented on proposed regulations and other guidance that addresses both Title IX and Clery Act. In 2022, we upped our game. In May 2022, we participated in an Executive Order (EO) 12866 Meeting on Nondiscrimination on the Basis of Sex in Education Programs or Activities to begin planning seeds.  In the Fall of 2022, we filed comments on the formal Notice of Proposed Rulemaking proposal to changes in Title IX. Post filing, we spent several months lobbying US Members of Congress involved in education and safety committees. This resulted in a bipartisan letter that was sent to the Department of Education, supporting our position that Organizational Ombuds may be designated as confidential employees.  

Some Sections from the Commentary:  

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