Whistleblower

Number:

3.21 

Policy/Operational Procedure Name:

Whistleblower

Sponsor:

Human Resources

Custodian:

Human Resources

Effective Date(s):

June 26, 2012

Next Review Date: 

Fall 2017

Location:

durhamtech.edu/policies-and-procedures/whistleblower

Citation:

N/A

 

Policy Statement

It is the responsibility of all employees to report unlawful or inappropriate actions or misconduct. The college is committed to protecting employees who report another employee’s unlawful or inappropriate actions or misconduct. The college has established and follows internal procedures for enabling faculty and staff to make such reports with protection from retaliation, harassment, or adverse employment consequences as a result of a report made following this procedure.

Procedure

If any faculty or staff member reasonably believes that a college employee has acted unlawfully or inappropriately, the employee must make an oral or written report or complaint as detailed in this procedure. The Whistleblower Policy protection applies to employees that follow this reporting procedure. Employees who do not follow the procedure set forth for this policy may obstruct the college’s ability to conduct a thorough investigation of the complaint or report and may hamper the college’s ability to protect the employee making the complaint or report.

Reporting

Any employee who has a good faith concern regarding the legality or propriety of an employee’s actions or conduct should promptly report the concern to the Director of Human Resources or, if the employee has reason not to make the complaint or report to the Human Resources Director, to a Division Head of the college or to the Senior Vice President. While it is preferred that an employee put the complaint or report in writing, the concern may be made orally to the Human Resources Director (or others as noted if necessary). Oral accounts of an employee’s unlawful or inappropriate actions or misconduct will then be detailed in writing by the person hearing the complaint or report. The employee making the complaint or report will then be asked to review the written report for accuracy and completeness and sign the report to acknowledge that a formal report is being made. If the Director of Human Resources is unresponsive to the written complaint or report or if the complaint or report is related to the Director of Human Resources, the employee should report the inaction or concern to the Senior Vice President.

Retaliation 

The college adheres to Equal Employment Opportunity Commission guidelines and will not harass, take adverse employment action, or retaliate in any manner against any employee reporting in good faith a concern about unlawful or inappropriate actions or misconduct. The President will impose disciplinary measures up to and including termination against any employee who harasses or retaliates in any manner against an employee who follows this procedure for making a good faith report of concerns.

Investigation 

The college will investigate these reports promptly and as discreetly as possible. At the discretion of the President and/or other college administrators, such investigations may be carried out internally (such as through the Human Resources Director, Title IX Officer, Affirmative Action Officer, or Campus Police Officer) or externally. While the college cannot ensure complete confidentiality in conducting a thorough investigation, the college will take reasonable measures to maintain the anonymity of the person making the complaint or report.

Findings of unlawful or inappropriate actions or misconduct will be reported immediately to the President (or to the Board of Trustees through the college’s Ethics Liaison if the concern is related to the President) for taking immediate corrective action and reporting to the Board of Trustees. Should an investigation provide reasonable evidence that the allegation was unfounded and made for malicious purposes, the employee making the false allegation may be subject to disciplinary action up to and including termination.

Purpose/Definitions

Durham Technical Community College expects employees to observe high ethical standards and interact professionally and respectfully with others in the college community. Through this policy and procedure, the college seeks to protect faculty and staff who report concerns about an employee’s unlawful or inappropriate actions or misconduct. The Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns regarding misconduct by employees of the college prior to seeking resolution outside of Durham Technical Community College.