Entrada Student's Ombudsman Ombudsman's Regulation

Student's Ombudsman Regulation

Student's Ombudsman Regulation

Regulation for the University of Madeira´s Student’s Ombudsman

In compliance with the established in Law no. 62/2007, of September 10, and in the Statute of the University of Madeira, published in the Normative Order no. 14/2015, of July 9, the Regulation for the University of Madeira’s Student’s Ombudsman is hereby presented and it make explicit his/her role, competences, procedures and sphere of operation.

 

Article 1

Framing and Objectives

 

1. The Student’s Ombudsman, henceforth designated as Ombudsman is a personality of renowned merit nominated by the General Council to ensure that the rights of the students of the University of Madeira are observed by the various bodies, units, services and agents.

2. The Ombudsman is not constrained by a mandatory term of office and thus does not receive directives from anybody of the University and carries out her/his activities with total independence and autonomy.

3. The Ombudsman’s activity is of an informative character in relation to the matters of her/his competence, which means it does not have an executive or managerial character.

4. The Ombudsman may not be subject to disciplinary procedure based on her/his recommendations or acts carried out in compliance with her/his competences.

5. The Ombudsman may not be denied access to facilities or information sources that she/he deems pertinent to the fulfilment of her/his duties, without prejudice to the legislation in force concerning privacy of data.

6. The University of Madeira will make the material and human resources needed by the Ombudsman for the fulfilment of her/his duties available to her/him, observing the principles of prudence and reasonableness.

7. The Ombudsman will act in accordance with this Regulation, with the Statute of the University and with the applicable general law.

 

Article 2

Mandate

 

1. The Ombudsman is nominated by the General Council, for periods of two years, renewable for a maxim of four consecutive mandates.

2. The Ombudsman’s dedication to the position may be partial, but it is incompatible with any other position of government or management at the University.

3. The Ombudsman will cease her/his mandate:

a. upon her/his written request, directed to the General Council;

b. when her/his mandate has expired;

c. upon her/his death or subsequent incapacity;

d. upon conviction for having committed an offence, with sentence having passed to judgment by the court of last resort;

e. by a motion of censure, brought about by serious or continued violation of her/his duties, subscribed by a minimum of five members and approved by two thirds of the members of the General Council.

4. In the cases referred in paragraphs a) or b) of the previous number, the Ombudsman remains in office until the next Ombudsman takes office.

 

Article 3

Competences

 

The competences of the Ombudsman are:

a. To assist students in exercising their rights and in complying with their duties;

b. To hear and receive students’ claims, complaints or suggestions, assessing them and directing the recommendations or suggestions she/he considers adequate for the correction of the injustices or irregularities detected in the students’ requests to the relevant bodies:

i. the recommendations do not modify, annul or revoke resolutions or administrative acts;

ii. the competent bodies of the University should study the aforementioned recommendations and respond within a period not beyond fifteen days;

iii. the bodies, units, services and members of the academy are subject to the duty of informing and cooperating with the Ombudsman;

c. To provide suggestions when she/he detects problems in the way the bodies and units operate and in the services rendered to the University’s students;

d. To provide suggestions for the improvement of the quality of the services rendered to the students by the University;

e. To obtain information on the opening and resolution of disciplinary procedures started against students;

f. To promote contacts and exchange of information with the Ombudsmen of other Universities;

g. To inform the General Council, the Rector and the academic community of her/his activities;

h. To participate in the University’s Senate;

i. To chair the electoral processes of the students’ representatives for the Senate.

 

Article 4

Actuations

 

1. The Ombudsman may carry out the following means of actuation within the Academic Community:

a. consultancy and evaluation;

b. information and cooperation requests;

c. mediation and conciliation;

d. investigation and determining of complaints;

e. recommendations:

i. As the Ombudsman's recommendations do not modify, rescind or nullify administrative acts or resolutions;

ii. As the Ombudsman's recommendations must be studied by the competent instances of the University, as they wish must respond to a period not exceeding 15 days.

2. While carrying out her/his duties, the Ombudsman will observe all the guarantees legally foreseen for administrative procedures.

 

Article 5

Consultancy and evaluation

 

1. The Ombudsman will look into information requests by students using the means she/he considers to be most adequate, with the aim of promoting a more consistent integration in the academic life.

2. The Ombudsman may forward information requests to the bodies, units, services or agents of the University, if she/he considers that these may assist students in their needs.

 

Article 6

Information and cooperation requests

 

1. Through her/his own initiative, the Ombudsman may send a request for information to anybody, unit, service or agent of the University in order to carry out her/his duty properly.

2. The Ombudsman may request the cooperation of any body, unit, service or agent of the University, via previous written notification, to:

a. to obtain an expert opinion;

b. to organize activities;

c. to implement other necessary procedures when carrying out her/his duties.

3. The third parties involved in the procedures are subject to the duty of secrecy regarding all the data they may have accessed while cooperating with the Ombudsman.

 

Article 7

Initiating complaints

 

1. The interested student, or his representative, will direct to the Ombudsman, in writing, the complaints brought about due to the action or inaction, considered unfair, irregular or offensive, of bodies, units, services or agents of the University in matters pertaining to the pedagogical-scientific, administrative or social support spheres.

2. In the complaint, presented in a form available on the Ombudsman’s webpage to that end, must include the following:

a. identification of the interested party and the contacts so that she/he may be notified;

b. a clear and concise explanation of the facts and circumstances that led to the complaint;

c. grounding of the complaint and what the interested party intends with it;

d. the signature of the interested party;

e. the date.

3. The Ombudsman will keep a record, of restricted access and which is not part of the general registration system of the University, of all the complaints.

 

Article 8

Non admissibility of the complaint

 

1. Complaints will not be admitted when:

a. Their conduct is detrimental to the legitimate rights of others;

b. There is an ongoing judicial or administrative on the subject of the claim;

c. The facts described have occurred for over a year.

2. Complaints may also not be permitted when:

a. They do not comply with the requisites referred in number two of the former article;

b. The interested party has had the opportunity of presenting a complaint at the relevant place in the University and has not done so;

c. Are insufficiently substantiated or are clearly irrelevant;

d. The Ombudsman has already delivered on the subject of the complaint.

3. The Ombudsman shall notify the person concerned the reasons for the inadmissibility of the complaint.

 

Article 9

Investigation of the complaint

 

1. Once the complaint has been admitted, the Ombudsman will carry out all the measures she/he considers relevant, informing the complainant of the beginning of the procedure.

2. During the investigation phase of the procedure, the Ombudsman may request the information, data, documents, carry out interviews or carry out other procedures in relation to the bodies, units, services or agents of the University, that she/he considers relevant in order to establish facts.

3. Likewise, the Ombudsman may request the cooperation of any body, unit, service or agent of the University, or from outside, to aid her/him in carrying out her/his duties.

4. The Ombudsman will suspend any actuation if, during the procedure, an administrative or legal procedure is initiated regarding the object of the complaint.

5. Once the proceedings are concluded, the Ombudsman will notify the complainant of her/his decision, equally notifying the Rector of it.

6. The notification to the Rector will contain the suggestions and recommendations she/he considers adequate to correct, if that is the case, the irregularities observed in the bodies, units, services or agents of the University.

7. The Ombudsman has thirty days, counting from the date the complaint was admitted, to make a decision on it.

 

Article 1

Resolutions of the complaint

 

1. The Ombudsman’s resolutions are not considered administrative acts and are not subject to appeal.

2. The Ombudsman’s resolutions are not legally binding and do not modify, by themselves, the acts or resolutions of bodies, units or services of the University.

 

Article 11

Mediation and conciliation

 

1. With the agreement of both parties involves in a dispute, the Ombudsman may act as a mediator, seeking to find an agreement that may put an end to the dispute that may involve students and other members of the academic community.

2. The mediation request, in writing, and directed to the Ombudsman, will contain:

a. the identification of those involved and the contacts so that they may be notified;

b. a clear and concise explanation of the facts and circumstances that led to the complaint;

c. the signatures of the disputing parties.

3. The Ombudsman, while mediating, will use all the means she/he considers adequate in order to obtain an agreement to the dispute.

4. The agreement which results from the mediation and conciliation must be signed by the parties and has a binding effect for both.

5. The conciliation is confidential unless its publicising is necessary in order to implement it.

 

Article 12

Annual Report

 

1. The Ombudsman will publish an annual report containing, at least, the following information:

a. The activities carried out:

i. number and type of complaints presented;

ii. number and type of complaints admitted;

iii. results of the procedures;

iv. recommendations and suggestions for the improvement of the quality of the services rendered to students at the University.

b. The aims for the following year.

2. The report will not contain any such information as may identify the authors of the complaints and a copy will be sent to each body, unit or service of the University.

3. The collegiate bodies will read, in the meeting following the delivery of the Ombudsman’s report, the extracts of the report that affect them in particular.

 


Download version: Regulamento do Provedor do Estudante/UMa/09