C-700.1 Whistleblower Protection

Individuals are encouraged to report suspected incidents of unlawful activities by college Employees in the performance of their duties. Reports will be investigated promptly, and appropriate remedies applied. Employees who, in good faith, report such activities or assist the College in the investigation will be protected from retaliation.

This Procedure sets out the processes for responding to and investigating reports of unlawful activities, as defined in Policy C-700 – Whistleblower Protection and addressing complaints of retaliation for making such reports.

FILING A REPORT OF SUSPECTED UNLAWFUL ACTIVITIES

Any person may report allegations of suspected unlawful activities. Knowledge or suspicion of such unlawful activities may originate from Employees carrying out their assigned duties, internal or external auditors, law enforcement, regulatory agencies, customers, vendors, Students, applicants, or other third parties.

Anonymous reports will be investigated to the extent possible. However, Employees are strongly encouraged not to report anonymously because doing so impedes the College’s ability to thoroughly investigate the claim and take appropriate remedial measures. As set forth fully below, retaliation against individuals who report suspected unlawful activities will not be tolerated.

Normally, a report by a college Employee of allegations of a suspected unlawful activity should be made to the reporting Employee’s immediate supervisor or other appropriate administrator or supervisor within the operating unit. However, if the report involves or implicates the direct supervisor or others in the operating unit, the report may be made to another college official whom the reporting Employee believes to have either responsibility over the affected area or the authority to review the alleged unlawful activity on behalf of the College. When the alleged unlawful activity involves the President/District Director, the report should be made to the Chairperson of the District Board. When the alleged unlawful activity involves the District Board or one (1) of its members, the report should be made to the President/District Director who will confer with the Chairperson of the District Board or legal counsel on how to proceed.

Allegations of suspected unlawful activities should be made in writing to assure a clear understanding of the issues raised but may be made orally. Such reports should be factual and contain as much specific information as possible. The receiving supervisor or administrator should elicit as much information as possible. If the report is made orally, the receiving supervisor or administrator shall reduce it to writing and make every attempt to get the reporter to confirm by their signature that it is accurate and complete.

Once the receiving supervisor or administrator has received or prepared a written report of the alleged unlawful activity, they must immediately forward it to the Executive Director of Human Resources/CHRO or the President/District Director. However, if this process would require submitting the report to an Employee implicated in the report, the receiving supervisor or administrator should follow the reporting options outlined above. The administrator or District Board member who receives the written report under this paragraph is responsible for ensuring that a prompt and complete investigation is made by an individual with the competence and objectivity to conduct the investigation and that the assistance of counsel or an outside investigator is secured if deemed necessary.

While investigating allegations of unlawful conduct, all individuals who are contacted or interviewed shall be advised of the College’s no-retaliation policy. Everyone shall be a) warned that retaliation against the reporter(s) or others participating in the investigation will subject the Employee to discipline up to and including termination; and b) advised that if they experience retaliation for cooperating in the investigation, then it must be reported immediately.

If an investigation into alleged unlawful activity determines that the allegations are accurate, prompt and appropriate corrective action shall be taken.

PROTECTION FROM RETALIATION

When a person makes a good-faith report of suspected unlawful 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. A college Employee or applicant whose family member makes a protected disclosure is also protected from retaliation.

Any Employee who believes they have been subjected to or affected by retaliatory conduct:

1. For reporting suspected unlawful activity.

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 are 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 Executive Director of Human Resources/CHRO or the President/District Director. If the allegations of retaliation or the underlying allegations of unlawful conduct involve the President/District Director, the supervisor shall report to the Chairperson of the District Board.

All allegations of retaliation shall be investigated promptly and with discretion, and all information obtained will be handled on a need-to-know basis. After an investigation, as

appropriate, remedial, or disciplinary action will be taken where the allegations are verified or otherwise substantiated.

OTHER REMEDIES AND APPROPRIATE AGENCIES

In addition to the internal complaint process set forth above, any Employee who has information concerning allegedly unlawful conduct may contact the appropriate government agency.