Whistleblower Policy

I. PURPOSE AND APPLICABILITY

The purpose of this policy is to set forth Illinois Wesleyan University’s policy on Board member, faculty, staff and student, disclosure of misconduct, including that relating to accounting or auditing matters, and to protect Board members, faculty, staff and students from retaliation in the form of an adverse employment and other action for disclosing what the Board member, faculty, staff or student believes evidences certain unlawful practices. This policy is applicable to all Board members, faculty, staff and students of Illinois Wesleyan University.

II. STATEMENT OF POLICY

It is the policy of the Illinois Wesleyan University that Board members, faculty, staff or students shall be free without fear of retaliation to make known allegations of alleged misconduct existing within Illinois Wesleyan University that he or she reasonably believes constitutes the following: wire fraud, mail fraud, bank fraud, or questionable accounting, internal controls, and auditing matters. It is further the policy of the University that Board members, faculty, staff and students shall be free without fear of retaliation to make known allegations of alleged misconduct existing within Illinois Wesleyan University that he or she reasonably believes constitutes a violation of the University’s stated policies, procedures or legal obligations.

A Board member, faculty, staff or student shall not take or refuse to take any employment or other action in retaliation against any individual(s) or organization 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 Illinois Wesleyan University’s policy. Retaliation for disclosures made under this policy may result in suspension, termination, removal from campus or any other action the University deems necessary.

III. PROCESS FOR DISCLOSURE

A. A faculty or staff member or student shall disclose all relevant information regarding evidenced misconduct to the following designated intake officers, in accordance with the subject matter of the disclosure:

(If the disclosure is by a Board member it shall be made to the Chair of the Business Affairs Committee, unless the complaint involves the Chair of the Business Affairs Committee, in which case the complaint shall be to the Chair of the Board.)

Any disclosure shall be made in a signed written document within ninety (90) days of the day on which the complainant knew or should have known of the misconduct. If the Board member, faculty, staff member or student would rather anonymously contact a source outside of the institution, he or she may contact Campus Conduct

Hotline© 866-943-5787 within ninety (90) days of the day on which the complainant knew or should have known of the misconduct.

1. The intake officer shall consider the disclosure and take whatever action he or she determines to be appropriate under the law and circumstances of the disclosure.

2. In the case of disclosure of misconduct involving the designated intake officer, the disclosure shall be directed to the University’s President. The President shall consider the disclosure and take whatever action he or she determines to be appropriate under the law and circumstances of the disclosure.

3. In the case of disclosure of misconduct involving the President, the disclosure shall be directed to the Chair of the Board of Trustees. The Chair of the Board of Trustees shall consider the disclosure and take whatever action he or she determines to be appropriate under the law and the circumstances of the disclosure.

4. In the case of disclosure involving financial misconduct, the intake officer or the Campus Conduct Hotline© shall also provide the disclosure to the Executive Committee for their review and consideration. The Executive Committee shall have the authority to resolve the matter.

5. In the case of disclosure to Campus Conduct Hotline© that does not involve financial misconduct, the Executive Committee shall be entitled to receive a summary of the disclosure from Campus Conduct Hotline©. At its discretion, the Executive Committee shall have the authority to resolve the matter.

If the disclosure involves a member of the Board of Trustees, the disclosure should be directed to the President of the University or Chair of the Board of Trustees.

IV. COMPLAINTS OF RETALIATION AS A RESULT OF DISCLOSURE

1. If a Board member, faculty, staff or student believes that he or she has been retaliated against in the form of an adverse employment or other action for disclosing information regarding misconduct under this policy, he or she may file a written complaint requesting an appropriate remedy.

2. 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. Other adverse actions include: dismissing, suspending or disciplining a student or changing or lowering a grade or evaluation of a student or in any other manner negatively affecting the student’s academic career. This policy does not prohibit an employment action or any other action that would have been taken regardless of disclosure of information.

V. PROCESS FOR ADJUDICATION OF COMPLAINTS STEMMING FROM DISCLOSURE

1. A Board member, faculty, staff or student must file a complaint with the President of the University* within ninety (90) days from the effective date of the adverse employment action or from the date on which the Board member, faculty, staff or student should reasonably have had knowledge of the adverse action.
2. Complaints shall be filed in writing and shall include:   
   1. Name and address of the complainant;
   2. Name and title of individual(s) against whom the complaint is made;
   3. The specific type(s) of adverse actions(s) taken;
   4. The specific date(s) on which the adverse actions(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 or other action; and
   7. A clear and concise statement of the remedy sought by the complainant.
3. Within sixty (60) calendar days of receipt of the complaint, the President of the University* 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.
4. 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 of the University* shall be final. * (or the Chair of the Board of Trustees, if the complaint involves the President of the University).