Section VI - Employment Matters
VI B 15
Employee Conduct - Whistleblower
To describe how the College handles both the reporting and investigation of allegations of suspected improper or illegal activities and the protection of whistleblowers from retaliation
Definitions
Whistleblower: A person or entity making a protected disclosure is commonly referred to as a whistleblower. Whistleblowers may be employees, students, board members, and applicants for employment, vendors, contractors, or the general public. The whistleblower’s role is as a reporting party. They are not investigators or finders of fact, nor do they determine the appropriate corrective or remedial action that may be warranted.
Illegal Order: Illegal order means any directive to violate or assist in violating an applicable federal, state or local law, rule or regulation, or any order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.
Interference: Direct or indirect use of authority to obstruct an individual’s right to make a protected disclosure.
Protected Disclosure: A protected disclosure is any good faith communication that discloses or demonstrates an intention to disclose information that may evidence an improper activity or any condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition.
Retaliation Complaint: Any written complaint by an employee or an applicant for employment which alleges retaliation for having made a protected disclosure or for having refused an illegal order or interference with an attempt to make a protected disclosure, together with a sworn statement, made under penalty of perjury, that the contents of the complaint are true or are believed by the complainant to be true.
Policy
Reporting Responsibility
It is the responsibility of all directors, officers, and employees to comply with the Code of Ethics and to report violations or suspected violations in accordance with this whistleblower policy.
Acting in Good Faith
Anyone filing a complaint concerning an improper or illegal activity must be acting in good faith and have reasonable grounds for believing the information disclosed is true and accurate. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
Reporting Violations
Employees are encouraged to share their questions, concerns, suggestions, or complaints with someone who can address them properly. In most cases, an employee’s supervisor is in the best position to address an area of concern. However, if you are not comfortable speaking with your supervisor or you are not satisfied with your supervisor’s response, you are encouraged to speak with the Human Resources Officer or anyone in administration whom you are comfortable approaching. Deans and directors are required to report suspected improper or illegal activities to the Human Resources Officer, who has specific and exclusive responsibility to investigate
all reported violations.
Confidentiality
Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
No Retaliation
Randolph Community College is committed to protecting employees and applicants for employment from interference with making a protected disclosure or retaliation for having made a protected disclosure or for having refused an illegal order as defined in this policy.
A College employee may not:
- retaliate against anyone who has made a protected disclosure or who has refused to obey an illegal order, nor
- directly or indirectly use or attempt to use the official authority or influence of his or her position or office for the purpose of interfering with the right of anyone to make a protected disclosure to the State auditor, a supervisor or other appropriate administrator, or a designated college official
Adopted: 07/17/2008