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I. Purpose and Applicability
The purpose of this policy is to set forth the Schreiner
University policy on employee and applicant disclosure of
misconduct relating to accounting or auditing matters, and to
protect employees and applicants from retaliation in the form of
an adverse employment action for disclosing what the employee or
applicant believes evidences certain unlawful practices. This
policy is applicable to all employees of Schreiner University
and to applicants for jobs at Schreiner University.
II. Statement of Policy
It is the policy of Schreiner University that employees or
applicants shall be free without fear of retaliation to make
known allegations of alleged misconduct existing within
Schreiner University that he or she reasonably believes
constitutes the following: wire fraud, mail fraud, bank fraud,
securities fraud or questionable accounting, internal controls,
and auditing matters.
A representative of Schreiner University shall not take or
refuse to take any employment action in retaliation against an
employee or applicant 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
Schreiner University policy.
III. Process for Disclosure
A. An
employee or applicant shall disclose all relevant
information regarding evidenced misconduct to the President
or his/her designee in a signed written document within
ninety (90) days of the day on which he or she knew or
should have known of the misconduct. If the employee or
applicant would rather contact a source outside of the
institution, he or she may contact In Touch, the
University’s third-party hotline vendor.
B. The President or his/her designee shall consider the
disclosure and take whatever action he or she determines to
be appropriate under the law and circumstances of the
disclosure.
C. In the case of disclosure of misconduct involving the
President, the disclosure shall be directed to the Chair of
the Board of Trustees his/her designee or to In Touch. The
Chair of the Board of Trustees or designee shall consider
the disclosure and take whatever action he or she determines
to be appropriate under the law and circumstances of the
disclosure.
D. In the case of disclosure of misconduct involving the
Chair of the Board of Trustees, the disclosure shall be
directed to the President or In Touch. The President shall
consider the disclosure and take whatever action he or she
determines to be appropriate under the law and the
circumstances of the disclosure.
E. All employees will be instructed in the process of using
the University’s third-party hotline vendor to either make a
disclosure or to file a complaint of retaliation due to a
disclosure.
IV.
Complaints of Retaliation as a Result of Disclosure
A. If an
employee or applicant believes that he or she has been
retaliated against in the form of an adverse employment
action for disclosing information regarding misconduct under
this policy, he or she may file a written complaint
requesting an appropriate remedy.
B. For purposes of this policy, an adverse employment action
shall be defined as actions including: discharge, demotion,
suspension, being threatened or harassed, or in any other
manner discriminated against with respect to compensation,
terms, conditions or privileges of employment. This policy
does not prohibit an employment action that would have been
taken regardless of a disclosure of information.
V. Process
for Adjudication of Complaints Stemming from Disclosure
A. An
employee or applicant must file a complaint with the
President or his/her designee within ninety (90) days from
the effective date of the adverse employment action or from
the date on which the employee or applicant should
reasonably have had knowledge of the adverse employment
action.
B. Complaints shall be filed in writing and shall include:
1. Name
and work address of the complainant;
2. Name and title of Schreiner University’s official(s)
against whom the complaint is made;
3. The specific type(s) of adverse employment action(s)
taken;
4. The specific date(s) on which the adverse employment
action(s) were taken;
5. A clear and concise statement of the facts that form
the basis of the complaint;
6. A clear and concise statement of the complainant’s
explanation of how his or her previous disclosure of
misconduct is related to the adverse employment action;
and
7. A clear and concise statement of the remedy sought by
the complainant.
C. Within
sixty (60) calendar days of receipt of the complaint, the
President or his/her designee shall consider the written
complaint, shall conduct or have conducted an investigation
which, in his or her judgment, is consistent with the
circumstances of the complaint and disclosure, and shall
provide the complainant with a determination regarding the
complaint.
D. 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. The decision of the President or Chairman
of the Board of Trustees shall be final.
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