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OFFICE OF THE OMBUDS

Goals
Educate and Inform Faculty

​Educate and provide information and resources to faculty regarding their working conditions rights and responsibilities, particularly regarding the grievance process and procedures

Facilitate and Assist in Resolutions

​Facilitate and assist in resolving complaints, problems, conflicts, concerns, and/or grievances impacting working conditions of faculty

Model Work Environment

Model fairness, equity, administrative efficiency, and a healthy work environment

Make Recommendations

Make recommendations to the Faculty Assembly Council regarding policy to improve working conditions of faculty as well as to limit and resolve conflict

Stay Informed

​Remain current on all District agreements, policies, BPs, APs, laws, and regulations related to faculty rights and working conditions

Consult Outside Resources

​Consult with, collaborate, and/or make referrals to other campus or external resources/constituents for conflict resolution.

Provide Representation

Provide representation to faculty who become the subject of an Investigation, explaining rights, preparing for interview, garnering legal advice as necessary, and actively ensuring rights throughout the process to resolution. Also may serve as Weingarten representative when faculty are called into a meeting with supervisor/administration which may result in disciplinary action.

FAQs
What is an ombudsperson?

At MiraCosta College, the ombudsperson is an executive member of the Faculty Assembly.  Article III.B.5 of the Faculty Assembly Bylaws indicates that the Ombudsperson shall:

 

  • Work through appropriate channels to resolve grievances impacting the working conditions of one or more members of the Faculty Assembly.

  • Update the FA Council on working conditions grievances and to advise the FA Council on such matters should they emerge in formal negotiations. Such updates shall occur in closed session when necessary to protect the privacy rights of individual faculty members or other district employees.

  • Address individual faculty complaints, including grievances related to working conditions. 

  • Remain current on all district policies, laws, and regulations related to grievances and faculty rights.

  • Work with district personnel and other campus constituencies to formulate policies and offer training designed to limit and resolve conflicts.

  • With regards to disputes between members of the FA, the Ombudsperson will advise members and mediate as necessary without taking sides.

  • With regards to disputes between faculty members and the district or others outside the membership of the FA, maintains an interest in resolving the issue to the advantage of faculty interests.

  • Calm, reasoned sincerity should govern the ombudsperson’s efforts in all cases. The ability to listen carefully without interruption or the imposition of personal bias are essential qualities.

  • Other duties as determined by the Council and established in FA Rules

Who may use the services of the Faculty Assembly Office of the Ombuds?

Full-time faculty members.​

I have an issue, but I don't know exactly what to do or where to go?

You should contact the Ombudsperson for a confidential meeting to discuss your issue and get some guidance and options for addressing it.

For what reason might a person contact the FA Office of the Ombuds?

Full-time faculty who need facilitation in resolving complaints, problems, concerns, and/or grievances impacting working conditions. Full-time faculty who are notified that they are under an Investigation for a Title IX or Title V complaint or violation of a District policy or procedure should immediately contact the Ombudsperson.

How do I go about filing a grievance?

Prior to filing a Grievance, faculty should review the Grievance Procedure in the District/FA Contract, Section L.5.0 of the Collective Bargaining Agreement (contract) to become familiar with the process. You should request an initial consultation with the Ombudsperson. This consultation is recommended to ensure that the FA member has adequate information to support a grievance related to a working condition violation and to develop the various options for resolution that might be available to the FA member.

Is the information I share confidential?

Information provided will be shared with the FA President in keeping him/her appraised of issues. The FA’s legal counsel and/or the FA Exec may be consulted through the grievance and/or investigative process as warranted. The Office of the Ombuds strives to maintain confidentiality throughout the REVIEW and at all levels of the Grievance and/or Investigative processes.  

What are the qualifications of the Ombudsperson and committee members?

The Ombudsperson is an elected position among the members of the FA. Full-time faculty who are objective, knowledgeable of colleges policies, procedures, and the Collective Bargaining Agreement (contract) are ideal candidates. The Ombudsperson must also be a trained mediator and/or undergo training within six months of his/her election.  Other qualifications include calm, reasoned consideration of issues, effective communication, and the willingness to maintain confidentiality.

Does the Faculty Assembly have legal counsel?

Yes.  David Conway, Law Offices of David Conway

Ombudsperson
luke-lara_200.jpg
Luke Lara

  • Joined Faculty in 2009

  • Department of Counseling

  • Office: OC3708, Extension 6563

  • Other service Roles Held: President / President-Elect Academic Senate (2019-present), Vice President, Academic Senate (2018-2019), CCC Latinx Caucus (Co-chair 2020 - 2021; Secretary 2019-2020, 2021-present), Guided Pathways Counseling Faculty Lead (2018 - present), Academic Senator (2014-2016), Department Chair, Counseling (2014-2016, summer/fall of 2013), Counseling SLO Lead (2011-2016), Puente Project Co-Coordinator/Counselor (2011-2015), Budget and Planning Committee (2018-present), College Council (2018-present), Student Services Council (2014-2016), Student Learning Outcomes Assessment Committee (2012-2014), Basic Skills Initiative Committee (2010-2012)

Faculty Resources
Faculty Contract, Constitution, and Bylaws

Please visit the FA Documents page for updated copies of the MiraCosta College faculty contract, FA Constitution, Bylaws, contract-related documents, and formal grievance process forms.

Additional Resources

  1. Helpful and important resources for faculty

  2. Review MCC Board Policies and Administrative Procedures (BPs/APs)

  3. Visit the California Public Employment Relations Board (PERB) website

  4. Workshop: Reducing Your Risk of Investigation & Knowing Your Rights (FLEX Eligible)

  5. Download the Role of the Ombuds Overview document to keep handy. It has important links to BPs/APs, contact info, and a quick list of steps to avoid problems. 

Request for Representation

If you have been notified that you are the subject of a Title IX or Title V Complaint and/or would like representation at a meeting in which you believe discipline might result, please contact the Ombudsperson immediately for a confidential consultation. The Ombudsperson will ensure you are aware of  your rights and can assist you in preparing for any interview and/or meetings where representation is requested.

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