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Institutional Compliance

» Whistleblower Policy

POLICY STATEMENT

Chapman University is committed to protecting faculty, staff, students, volunteers and others affiliated with the University who disclose information where the member of the Chapman community has reasonable cause to believe that the information discloses misconduct that violate a state or federal statute, a local, state or federal rule or regulation, or a University policy or procedure. The University will protect from retaliation members of the Chapman community who make good faith reports of suspected violations of law or University policy.

 

REASON FOR THE POLICY

To encourage all members of the Chapman community to report suspected violations of law or Chapman policy.  To provide a mechanism for reporting and investigating suspected violations.  To reinforce Chapman’s non-retaliation policy for any member of the Chapman community who in good faith voices concerns, seeks advice, files a complaint or grievance, testifies or participates in investigations, compliance reviews, proceedings or hearings, or opposes actual or perceived violations of Chapman University’s policy or unlawful acts.

 

POLICY

What is a whistleblower?

A “whistleblower” is any person within the University community, employees, students, or other University community members, who discloses information to a government or law enforcement agency, to a person with authority or another employee who has the authority to investigate, discover or correct the violation or noncompliance, or who provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry, where the reporting individual has reasonable cause to believe that the information discloses:

  1. A violation of a state or federal statute,
  2. A violation or noncompliance with a local, state or federal rule or regulation,
  3. A violation of University policies or procedures, or
  4. With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment,

The term “employee” refers to all faculty (whether full-time, part-time, tenured, tenure track, or nontenure track), all full-time and part-time staff and administrators, and all student employees.

 

What protections are afforded to whistleblowers?

The University prohibits retaliation against any individual who files a complaint of misconduct under this policy; is involved as a witness or participant in the complaint or investigation process; or refuses to engage in illegal, dishonest or fraudulent conduct.  Engaging in retaliation can result in disciplinary action, up to and including dismissal from the University.  An individual who files a complaint that the individual knows or believes to be false is not protected by this provision against retaliation and may be subject to disciplinary action for filing a false claim.

The University encourages any person who believes he or she has been subject to retaliation or observes or is otherwise aware of an incident of unlawful retaliation in violation of this policy, to report the incident promptly pursuant to the complaint procedure identified below.  If retaliation is found to have occurred, the University will review the action taken toward the individual who was retaliated against.  In addition, the University prohibits the following conduct:

  1. The University prohibits all employees from making, adopting or enforcing, any rule, regulation, or policy preventing individuals from reporting misconduct pursuant to this policy.
  2. The University prohibits all members of the campus community from retaliating against individuals who report misconduct pursuant to this policy.
  3. The University prohibits all members of the campus community from retaliating against individuals for refusing to participate in an activity that would result in a violation of a state or federal statue, or a violation or noncompliance with a local, state or federal rule or regulation.
  4. The University prohibits all members of the campus community from retaliating against individuals for having exercised his or her rights as a whistleblower in any former employment.
  5. The University prohibits all members of the campus community from retaliating against individuals because the individual is a family member of a person who filed a complaint under this policy or was perceived to file such complaint.

The University will not discharge, demote, suspend, threaten, harass, retaliate against, or in any other manner discriminate against an employee in the terms and conditions of employment based upon any lawful actions of such employee with respect to his/her good faith reporting of complaints and concerns pursuant to this policy.

Any employee who discriminates or retaliates against another employee as a result of his or her protected actions as described in this policy may be subject to corrective action, up to and including termination.  Examples of potential retaliatory actions include but are not limited to discharge, demotion, suspension, harassment, or intimidation of an employee protected under this policy.

 

How to report improper acts

Employees are encouraged to bring concerns directly to their supervisor, Human Resources (HR) or other campus entities as appropriate.

Further you can make an anonymously and confidentially report online via EthicsPoint.

Employees having information regarding research violations should report, if appropriate, through procedures such as Animal Care and Use and Human Subject Research as identified on the Office of Research website.

Additional resources regarding compliance and reporting can be found on the Office of Institutional Compliance webpage and reports can also be made to the Office of Institutional Compliance.

Additionally, reports can be made to the Office of Legal Affairs and the Office of the President.

 

Retaliations Prohibited

The university prohibits and does not tolerate retaliation against any individual who files a complaint of illegal, dishonest or fraudulent conduct; is involved as a witness or participant in the complaint or investigation process; or refuses to engage in illegal, dishonest or fraudulent conduct.  Engaging in unlawful retaliation can result in disciplinary action, up to and including dismissal from the university.  An individual who files a complaint that the individual knows or believes to be false is not protected by this provision against retaliation and may be subject to disciplinary action up to and including dismissal from the university.

 

OFFICE RESPONSIBLE FOR POLICY

Name of Office: Institutional Compliance

Contact information for questions about this policy: Gail Nishida, Chief Compliance Officer, compliance@chapman.edu

 

WEBSITE ADDRESS FOR THIS POLICY

https://www.chapman.edu/campus-services/institutional-compliance-and-internal-audit/institutional-compliance/policies/compliance-complaint-policy.aspx

 

WHO APPROVED THIS POLICY

Senior Staff member submitting the policy: Harold Hewitt

Date approved: August 13, 2019

[signed]

President

 

Publication Date

Effective: August 13, 2019

Revision history: August 29, 2018

 

Related Materials

Code of Ethics Policy

Fraudulent Activities Policy

Student Code of Conduct

Reporting Misconduct Policy