NON-RETALIATION

About This Policy

Policy Statement

The university prohibits any form of retaliation against any individual because of the individual’s good faith participation in reporting or otherwise expressing opposition to, suspected or alleged misconduct, or participating in any process designed to review or investigate suspected or alleged misconduct or noncompliance with applicable policies, rules, and laws. No employee will be adversely affected because they refused to carry out a directive which constitutes fraud or is a violation of local, state, federal or other applicable laws and regulations.

Reporting Instances of Retaliation
Individuals who believe that retaliation is occurring or has occurred, as a result of their good faith participation, must report those acts to the Office of Human Resources or to appropriate university administrator to which the complainant feels most comfortable reporting.

Investigation
The university will make every reasonable effort to stop retaliation immediately, to conduct a complete and thorough investigation of alleged acts of retaliation in a timely manner, and to sanction the perpetrators of retaliation as appropriate.

Sanctions
Following an appropriate investigation and subject to the procedures which are part of the policies governing the relevant type of appointment at the university, the faculty, student, or staff member may be subject to sanctions, including reprimand, probation, suspension, demotion, reassignment, termination, expulsion, no-contact directive, or building prohibition directive.

Intentionally False Reports/Information
Individuals who, knowingly or intentionally, file a false report or provide false or misleading information in connection with an investigation may be subject to disciplinary action up to and including termination of employment or expulsion.

Reason For Policy

To define how the university provides for the protection of any person or group within its community from retaliation who, in good faith, participate in investigations or report alleged violations of policies, laws, rules, or regulations applicable to the university.

Policy Scope

This policy applies to all university students and to all Regents, officers, faculty, administrators, staff members, employees, vendors and guests, on and off campus.  This policy does not abridge or supersede an individual’s rights and remedies under the law.

Procedures

• There are no procedures associated with this policy.

Forms

• There are no forms associated with this policy.

Appendices

• There are no appendices associated with this policy.

Additional Contacts

Definitions

Adverse Action
Any action that might deter a reasonable person from engaging in reporting suspected or alleged misconduct, expressing opposition to alleged misconduct, participating in an investigation related to a misconduct allegation, or accessing the Office for Human Resources services. Examples of adverse action include, but are not limited to: impeding the individual’s academic advancement; departing from any customary academic or employment practice regarding the individual; firing, refusing to hire, or refusing to promote the individual; transferring or assigning the individual to a lesser position in terms of wages, hours, job classification, job security, employment or academic status; and threatening or marginalizing an individual. In some situations, retaliatory conduct may also include inappropriate disclosure of the identity of the individual who has made a complaint protected by this policy.

Appropriate University Administrator (for reporting)

• Supervisor
• Manager
• Department head
• Vice president
• President
• Chair of the Board of Regents
• Director of Human Resources

Good Faith Participation
Reporting, or otherwise expressing opposition to, misconduct based on a reasonable belief that misconduct has occurred. Or, honestly participating in an investigation of misconduct or accessing conflict resolution services.

Investigator
Individual(s) designated to investigate a report of retaliatory action. Usually, the Director of Human Resources.

Misconduct
A violation of university policy; a violation of applicable state and federal laws; or the use of university property, resources, or authority for personal gain or other non-university-related purpose except as provided under university policy.

Protected Activities
Protected activities: include (i) reporting (whether internally or externally) or inquiring, in good faith, about suspected wrongful or unlawful activity; (ii) assisting others in making such a report; or (iii) participating in an investigation or proceeding related to suspected wrongful or unlawful activity.

Retaliation
Adverse action against an individual because she or he has made a protected disclosure or has participated in an investigation, proceeding or hearing involving a protected disclosure.

Protected Disclosure
Communication about actual or suspected misconduct engaged in by a university employee, student volunteer, agent, or contractor (who is not also the disclosing individual) based on good faith and reasonable belief that the conduct has both occurred and is wrongful under applicable law and/or university policy.

University Community Member
All university Regents, officers, faculty, administrators, staff members, employees, vendors, and guests, or anyone that could be reasonably assumed to be representing or acting on behalf of the university, on and off-campus.

Responsibilities

University Community Members

• Report good faith concerns about retaliation.
• Be truthful and cooperative in investigations of alleged retaliation.

Office of Human Resources

• Receive alleged reports of retaliation.
• Investigate concerns of retaliation.
• Communicate information regarding concerns received to proper administrators.
• Coordinate investigations into retaliation, as appropriate.

University Administrators

• Follow this policy for handling reported concerns.
• Cooperate or participate in investigation as appropriate.

RELATED INFORMATION

Related Policies & Procedures

• Community Life Standards
• Nepotism and Personal Relationships
• Sexual Misconduct
• Whistleblower Protection

Related Legislation

• Title IX of the Civil Rights Act of 1964 (Education Amendments Act of 1972, 20 U.S.C. §§1681)

History

Issued
2019-11-07