4.20 - Whistleblower Policy

Last updated on April 4, 2023

POLICY:  It is the policy of Spoon River College to require that all employees, students and volunteers report suspected or actual occurrence(s) of illegal activities without retribution.

SCOPE:

This policy applies to all Spoon River College employees and students during work, class, or during any activity involving the College. In addition, visitors, vendors, contractors and all other non-employees are expected to recognize and comply with this policy.

DEFINITIONS:

College Days:  College Days or any references to "days" used in this policy will mean days in which the College is open for business.

Complainant:  A person that reports an incident in good faith.

Respondent: A person accused of suspected or actual occurrence(s) of illegal or unethical events.

DETAILS:

  1. Supervisors or other individuals in a position of authority who receive a report of suspected or actual occurrence(s) of illegal activities must immediately report the incident using the procedures below.
  2. An individual may report a suspected violation on a requested confidential basis, keeping in mind that in the course of the investigation it may become necessary that the source of the complaint be identified.
  3. An individual reporting an incident in good faith that was not done primarily with malice or to damage another or the organization shall receive no retaliation or retribution.
  4. Anyone who retaliates against a complainant shall be subject to disciplinary action, including termination of employment or expulsion.
  5. An individual who reasonably believes they have been retaliated against in violation of this policy shall follow the same procedures as they did when they filed the original complaint.
  6. An individual is not required to prove the truth of an allegation, but is required to act in good faith. Any individual who does not act in good faith in reporting a suspected violation may be subject to disciplinary action, including termination of employment of expulsion or other legal means to protect the reputation of the institution.

PROCEDURE(S):

  1. Individuals are required to promptly report suspected or actual occurrence(s) of illegal activities, in writing, to their supervisor, the Dean of Student Services (students), the Human Resources Director (employees), or the College President.
  2. Upon receipt of a complaint, the Dean of Student Services and/or Human Resources Director shall review the complaint. Depending upon the nature of the complaint and any relevant facts and circumstances, the Dean and/or Human Resource Director may either: (1) initiate an investigation; and/or (2) provide the complaint to the appropriate law enforcement authorities. In the event the College conducts an investigation, it may provide a written report of the findings of the investigation and resolution of the issue.  A copy of any such report will be provided to the Complainant, the President of the College, and the Board of Trustees Chair.  Additional copies may be distributed to legal counsel, respondents, or law enforcement.  In certain situations, the College may determine to provide the complaint to the appropriate law enforcement authorities and not conduct its own investigation.
  3. Individuals witnessing a crime against person or property, such as assault, rape, burglary, etc. should immediately be reported to local law enforcement personnel. An Incident Report Form must be completed after incidents are reported to law enforcement personnel for completion of the federal Campus Security Report.