3.5.4 Whistleblower Protection

adopted: Jul-2009
last revised: Jul-2009

The College is committed to promoting compliance with the laws, rules, and regulations that govern its business operations and encouraging its employees to report unlawful conduct. Employees may report complaints or concerns about any fraudulent, illegal or unethical conduct within the College.

Employees are often the first to become aware of unethical behavior or business improprieties, but may not express their concerns for fear of retaliation. The College will not tolerate harassment, retaliation or reprisals of any time against any employee who has, in good faith, protested or raised a complaint against some policy or practice of the College or any of its employees.

The College is committed to protecting employees from retaliation for having made a protected disclosure. This policy is derived from 740 ILCS 174/1 et.al Whistleblower Protection Act. Pursuant to this Act, a College employee may not retaliate against an employee who discloses information to a government or law enforcement agency where the employee reasonably believes that the information disclosed is a violation of State or Federal law, rule, or regulation. It is the intention of the College to take whatever action may be needed to prevent and correct activities that violate this policy.

• Scope and Definitions
  • Improper Governmental Activity: Any activity undertaken by the College or by an employee that is undertaken in the performance of the employee's official duties, whether or not that action is within the scope of his or her employment, and that is in violation of any State or Federal law, rule or regulation including, but not limited to, corruption, bribery, theft of College property, fraudulent claims, fraud, coercion, conversion, misuse of College property and facilities, or willful omission to perform duty.
  • Protected Disclosure: Any good faith communication that discloses or demonstrates an intention to disclose information that may evidence an improper governmental activity.
  • Retaliation Complaint: Any written complaint by an employee that alleges retaliation for having made 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.
  • Locally Designated Official: A Locally Designated Official (LDO) shall be appointed by the President to receive retaliation complaints and administer local implementing procedures. The LDO may be the same official designated to administer local procedures for investigating whistleblower complaints.
  • Retaliation Complaint Officer: The Retaliation Complaint Officer (RCO) oversees the investigation of complaints filed by employees alleging retaliation for making a protected disclosure. The RCO may be appointed by the LDO or President.
    
    
• Corrective Action of a College Employee: Upon conclusion of the investigation by the RCO, the President through the appropriate channel shall determine the appropriate corrective action, if any, that will be initiated against a College employee who is found to have retaliated against an employee's right to make a protected disclosure. Such action shall be in accordance with the applicable personnel policy or collective bargaining agreement.
  
  
• Complaint against the President, the LDO, or the LDO's Supervisor: With regard to complaints in which it is alleged that the President, the LDO, or the LDO's supervisor took retaliatory action, the findings of the investigation shall be presented for a decision to the Vice President of Finance and Administration and one other Vice President.