Policy Statement
It is the policy of Western New England University that all Faculty or Staff members shall be free, without fear of retaliation or dismissal, to make known concerns of alleged misconduct existing within Western New England University that they reasonably believe evidences:
- An abuse of authority, gross misconduct, unethical behavior, or
- A gross waste of money; theft, bribery, corruption, or
- A substantial and specific danger to public health or safety; or
- A violation of law, failure to comply with University policies, or
- An attempt to suppress or conceal any information relating to the above.
Reason for Policy
The purpose of this policy is to enable employees to report concerns, based on reasonable grounds, through appropriate and confidential channels to management without risk of retaliation or dismissal.
Who is Governed by this Policy
Faculty and Staff
Policy
Reported violations will be promptly investigated and treated confidentially to the greatest extent possible by the appropriate University authority. It is imperative that the employee reporting the alleged misconduct not conduct a preliminary investigation of their own, as investigations of alleged misconduct may involve complex legal issues. Employees who act on their own may compromise the integrity of an investigation and adversely affect both themselves and the University.
A representative of the University shall not take any action as retaliation against an employee who discloses information regarding misconduct under this policy or who, following such disclosure, seeks a remedy provided under this policy or any law or other University policy. However, anyone filing a complaint that does not act in good faith, or makes an allegation without having reasonable grounds for believing it to be substantially true, for purposes of personal gain, or makes it maliciously may be subject to discipline up to and including termination.
Complaints of Retaliation as a Result of Disclosure:
If an employee believes that they have been retaliated against in the form of an adverse personnel action for disclosing information regarding misconduct under this policy they may file a written complaint requesting an appropriate remedy with the Chairperson of the Audit Committee
For purposes of this policy, adverse personnel action shall be defined as actions such as: a disciplinary suspension; a decision not to promote; a decision not to grant a salary increase; a termination; an involuntary demotion; rejection during probation; a performance evaluation in which the employee’s performance is generally evaluated as unsatisfactory; an involuntary resignation; an involuntary retirement; and involuntary reassignment to a position with demonstrably less responsibility or status as the one held prior to the reassignment; or an unfavorable change in the general terms and conditions of employment. In additional, behavioral threats, bullying, intimidation, and other forms of retaliation are prohibited and will be investigated.
Procedures
The disclosure process is as follows:
An employee shall disclose all relevant information regarding evidenced misconduct to the Chairperson of the Audit Committee of the Board of Trustees of the University in a written document within one-year of the day on which they knew or reasonably should have known of the misconduct. The written document should be sent to: whistleblower@wne.edu.
The written document alleging misconduct must include the following:
- name(s) and contact information of complainant(s);
- name and title of the person against whom the allegation(s) is made; and
- a specific description of the alleged misconduct, including dates, times, and any other relevant or available information needed to substantiate the allegation(s);
The Chairperson of the Audit Committee shall investigate the disclosure to the appropriate University authority and take whatever action is necessary and appropriate under the law and circumstances of the disclosure.
In the case of disclosure of misconduct involving the Chairperson of the Audit Committee, the disclosure shall be directed to the Chairperson of the Board of Trustees of the University. The Chairperson of the Board of Trustees shall investigate the disclosure to the appropriate University authority and take whatever action is necessary and appropriate under the law and circumstances of the disclosure.
In investigating the disclosures, the Chairperson of the Audit Committee may seek input from any individual and/or department within the University community, which they feel may be useful in investigating the disclosure.
Process for Adjudication of Complaints Stemming From Disclosure:
An employee may file a complaint with the Associate Vice President of Human Resources within thirty calendar days from the effective date of the adverse personnel action or from the date on which the employee or applicant should reasonably have had knowledge of the adverse personnel action. Complaints shall be filed in writing and shall include:
- name(s) of complainant(s);
- name and title of the University official(s) against whom the complaint is made;
- the specific type(s) of adverse personnel actions(s) taken;
- the specific date(s) on which the adverse personnel action(s) were taken;
- a clear and concise statement of the facts that form the basis of the complaint;
- a clear and concise statement of the complainant’s explanation of how their previous disclosure of misconduct is related to the adverse personnel action; and
- a clear and concise statement of the remedy sought by the complainant.
Barring any documented unforeseen circumstances, within sixty calendar days of receipt of the complaint, the Associate Vice President of Human Resources shall consider the written complaint and shall conduct an investigation that, in their judgment, is consistent with the circumstances of the complaint and disclosure. In investigating a complaint of adverse personnel action, the Associate Vice President of Human Resources may seek input from any individual and/or department within the University community, which they feel may be useful in the investigation. They shall provide the complainant with a determination regarding the complaint as follows:
The determination shall be in writing and shall include the findings of fact, the conclusions of the investigation and, if applicable, a specific and timely remedy consistent with the findings. For purposes of this policy a remedy may include back pay, promotion, reinstatement, reassignment, removal of detrimental material from institutional files, a written correction of institutional records, appointment, a change in the terms and conditions of employment, or any other action considered by the Associate Vice President of Human Resources to be consistent with the findings.
In the event that a complainant is not satisfied with the investigation, findings, and/or remedies issued by the Associate Vice President of Human Resources, the complainant may elect to have the Audit Committee review the investigation, its findings, and the remedies, if any. The Audit Committee may only consider new evidence if it was not available during the initial investigation. The Audit Committee can also determine whether the findings and/or remedies are consistent with the gravity of the adverse personnel action.
Document History
Policy Origination Date: May 19, 2023
Who Approved This Policy
Associate Vice President of Human Resources
Contact
Associate Director of Human Resources
Rivers Memorial