"Whistleblower" Policy

The general purpose of this policy is intended to protect any employee who engages in good faith disclosure of alleged wrongful conduct to a public body or to a designated College official. More specifically it:

• encourages employees to disclose serious breaches of conduct covered by College policies or violations of law,
• informs employees how allegations of wrongful conduct can be disclosed,
• protects employees from reprisal by adverse employment action as a result of having disclosed wrongful conduct, and
• provides individuals who believe they have been subject to reprisal a fair process to seek relief from retaliatory acts.

Statement of Policy.

College employees are expected to abide by applicable state and federal laws. Furthermore, an employee cannot be compelled by a supervisor or College official to violate a College policy, an applicable law, or public policy. In the interest of the College, an employee who has particular knowledge of specific acts which he or she reasonably believes constitute wrongful conduct should disclose the conduct to the appropriate College official.

If an adverse employment action is taken against a College employee in knowing retaliation for his or her good faith disclosure of information to a designated College official concerning alleged wrongful conduct, as defined under this policy, and if the employee's work performance or behavior did not warrant the adverse action, then the College should take remedial action for the employee and corrective action against the supervisory employee.

The College shall devise procedures for handling disclosures and responding to complaints of reprisal or retaliation, as long as such procedures conform to the guidelines detailed below. These procedures should be published in College and campus handbooks, as well as on applicable websites.

Wrongful Conduct

Wrongful conduct is defined in this policy to be:

• a serious violation of College policy
• a violation of applicable state and federal laws
• the use of College property, resources, or authority for personal gain or other non College-related purpose except as provided under College policy

Disclosure and Disclosure Investigation

Where the College has defined policies and procedures for maintaining standards of conduct and disclosure of such violations, the applicable College policies should be followed to disclose such violations. Relevant policies include but may not be limited to:

• College Policies on Conflicts of Commitment and Interest
• College Policies on Academic Integrity in Research and Publications
• College Policy Prohibiting Sexual Harassment
• College Policy Prohibiting Discrimination

In matters relating to wrongful conduct as defined in the section above, mismanagement of College resources, or an abuse of authority which is not covered by specific College policy, each campus should designate a campus or College official to receive such disclosures and to ensure that there is an investigation of the disclosure (hereinafter referred to as a "disclosure investigation").

The responsible designee who receives a disclosure whether pursuant to a College policy or as the campus designee, should maintain a written record of the allegation and conduct an investigation or ensure that the appropriate unit (College auditors, campus police, etc.) investigates the disclosure. In the event that the identity of the employee making the disclosure is known, upon the conclusion of the investigation the appropriate designee will notify, in writing, the employee or employees who made the disclosure of the determination and retain a copy of that notification. Similarly, where an individual has knowledge that he or she is being investigated for wrongful conduct, that individual should be notified of the determination of the disclosure investigation at a time considered to be appropriate by the designee so that any notice would not compromise any further actions deemed appropriate by the investigating officer.

A complaint of reprisal for disclosure requires an adverse employment action as a result of the disclosure before it can be pursued as a complaint of reprisal.

In matters of disclosure, the College official will attempt to maintain the identity of the employee making the disclosure in a confidential manner, as long as such maintaining this confidentiality does not interfere with conducting an investigation of the specific allegations or taking corrective action.

Complaints of Reprisal

1. An employee who has been subjected to an adverse employment action based on his or her prior disclosure of alleged wrongful conduct may contest the action by filing a written complaint of reprisal with the designated College or campus officer. This officer will review the complaint expeditiously to determine:
   • Whether the complainant made a disclosure of alleged wrongful conduct before an adverse employment action was taken
   • Whether the responding party could reasonably have been construed to have had knowledge of the disclosure and the identity of the disclosing employee
   • Whether the complainant has in fact suffered an adverse employment action after having made the disclosure
   • Whether the complainant alleges that adverse employment action occurred as a result of the disclosure
   
   
2. Within 30 days from the receipt of the complaint, if the designee determines that all of the above elements are present, the designee should appoint a review officer or panel to investigate the claim and make a recommendation to the campus or College officer to whom the designee reports.
   
   
3. At the time of appointing a review officer or panel, the designee should inform, in writing, the complaining party and responding party of:
   • the intent to proceed with an investigation,
   • the specific allegations to be investigated,
   • the appointment of the review officer or panel, and
   • allowing each party the written opportunity to support or respond to the allegations.
   
   
4. In situations where impartiality of the review officer or panel is questioned and there are sufficient factual basis to support external review, the designee could call for review by an external party. In this case, the costs should be incurred by the campus or the College office calling for the review.
   
   
5. The organizational entity administering (campus or College Administration, depending upon where the adverse employment decision is alleged to have been made) this policy can define the standards for the review process.
   
   
6. Once the review officer or panel has conducted a review and considers the investigation to be complete, the officer or panel will notify the designee of its completion. From the date of that notice, the review officer has thirty days to report his or her findings and make any recommendations he or she deems appropriate to the designee. The designee, in conferral with the appropriate officer outlined by the campus or College procedures should issue a letter of findings to both the complainant and the respondent.
   
   
7. A decision at this stage is appeal able on procedural grounds only.
   
   
8. Nothing in this policy is intended to interfere with legitimate employment decisions.
   
   
9. It is recommended that two years after the approval date of this policy, but no later than three years after that date, the President convene a College-wide committee to evaluate the effectiveness of the this policy and procedures. The designees responsible for campus and College implementation should be part of this process.

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