MC3241 - Whistleblower Policy Procedure
Section: Management of the College
Filing a Report of suspected illegal, unethical or improper activities
- Any person may report allegations of suspected illegal, unethical or improper activities. Knowledge or suspicion of illegal or improper activities may originate from academic personnel, staff or administrators carrying out their assigned duties, internal or external auditors, law enforcement, regulatory agencies, and customers, vendors, students or other third parties.
- Allegations of suspected illegal, unethical or improper activities should be made in writing so as to assure a clear understanding of the issues raised. Such reports should be factual and contain as much specific information as possible.
- Normally, a report by a Des Moines Area Community College employee of allegations of a possible illegal, unethical or improper activity should be made to the reporting employee’s immediate supervisor or other appropriate administrator or supervisor within the department. However, when the whistleblower believes there is a potential conflict of interest, such reports may be made to another college official who has responsibility over the department in question or the authority to review the alleged illegal or improper activity on behalf of the college. Should the alleged illegal, unethical or improper activities involve the President, or a Vice President, such reports may be made to the Secretary of the Board of Directors [email@example.com].
- When a person who is not an employee of Des Moines Area Community College wishes to report an allegation of a possible illegal, unethical or improper activity, they should send such reports directly to the Secretary of the Board of Directors [firstname.lastname@example.org].
- When a person reports allegations of suspected illegal, unethical or improper activities to an appropriate authority, the report is known as a protected disclosure. College employees and applicants for employment who make a protected disclosure are protected from retaliation.
- The Board of Directors may enlist outside legal, accounting or other advisors, as appropriate, to conduct any investigation of complaints regarding financial statement disclosures, disclosure concerns or violations, accounting, internal accounting controls, auditing matters or violations of the College’s policies.
Protection from Retaliation
Any employee who believes they have been subjected to or affected by a retaliatory conduct for (1) reporting suspected illegal, unethical, or improper activity, or (2) for refusing to engage in activity that would result in a violation of law, should report such conduct to the appropriate supervisory personnel (if such supervisory personnel is not the source of or otherwise involved in the retaliatory conduct). Any supervisory employee who receives such a report, or who otherwise is aware of retaliatory conduct, is required to advise the Director of Human Resources of any such report or knowledge of retaliatory conduct. If the employee believes that reporting such conduct to the appropriate supervisor is for any reason inappropriate, unacceptable or will be ineffectual, or if the report to the supervisor has been made and the retaliatory conduct has not ended, the employee should report the incident directly to a Vice President, the President, or the Secretary of the Board of Trustees.
The College will use its best efforts to protect whistleblowers against any form of retaliation. It cannot guarantee confidentiality, however, and there is no such thing as “unofficial” or “off the record” reporting. The College will keep the whistleblower’s identity confidential, unless (1) the person agrees to be identified; (2) identification is necessary to allow the College or law enforcement officials to investigate or respond effectively to the report; (3) identification is required by law; or (4) the person accused of illegal or improper activities is entitled to the information as a matter of legal right in disciplinary proceedings.
Relevant Policy: https://catalog.dmacc.edu/content.php?catoid=20&navoid=1954
Adopted: March 2, 2023
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