Purpose/Background
The purpose of this policy is to protect and encourage all members of the university community to report without fear of retaliation, actual or suspected, wrongful conduct so that the university can address and correct inappropriate conduct and actions.
Applicability/Responsibility
This policy applies to all members of the university community, including employees, faculty, students, contractors, and volunteers ("University Member").
If you have questions or concerns about your obligations under this policy please consult the Chief Compliance Officer.
Definitions
Term | Definition |
Adverse Action | Any action that materially affects an individual's standing or terms and conditions of employment. |
Protected Disclosure | Communication about actual or suspected wrongful conduct engaged in by another university community member based on a good faith and reasonable belief that the conduct has both occurred and is wrongful under university policies and/or applicable laws. |
Retaliation | Adverse Action against an individual because they have made a Protected Disclosure or have participated in an investigation, proceeding, or hearing involving a protected disclosure. |
University Member | Any member of the university community, including employees, faculty, students, contractors, and volunteers. |
University Investigations Review Team (IRT) | As defined in Standards for University Investigations Policy |
Policy Statement
The University of the Pacific is committed to protecting individuals from interference when making a Protected Disclosure and from Retaliation for having made a Protected Disclosure or for having refused to follow an illegal directive. University Members must comply with university polices and applicable state and federal law. Respectively, University Members cannot be compelled by a supervisor or a university official to violate a law or university policy.
Reporting
University Members who have knowledge of specific acts which they reasonably believe violate the law or university policy must report those acts to the appropriate university official or if they are unsure of the appropriate official or wish to remain anonymous they may report using the Compliance Helpline by calling (800) 854 8443 or by visiting: https://secure.ethicspoint.com/domain/media/en/gui/61205/index.html
University officials who receive Protected Disclosures must notify the University's Investigations Review Team in accordance with the Standards for University Investigations Procedures.
Protected Disclosures will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation and applicable state and federal law.
Retaliation
University Members may not retaliate against an individual who has made, or they believe is going to make, a Protected Disclosure, or who has refused to follow an illegal directive. University Members may not directly or indirectly use or attempt to use their official authority or influence of their positions or offices for the purpose of interfering with the right of an individual to make a Protected Disclosure to the appropriate university official or the Compliance Helpline about matters within the scope of this policy.
Any University Member who believes they have been subjected to retaliation or interference in violation of this policy should notify the Office of Compliance.
Exclusions
This policy does not apply to individuals who self-report their own misconduct. Furthermore, this policy applies only to reports made in good faith and does not apply to University Members who provide information they know to be false, or who provide information with reckless disregard for its truth or falsity. Any University Member who is determined to have knowingly or maliciously made false accusations or provided false information will be subject to disciplinary action in accordance with the Disciplinary Action Policy for Compliance Misconduct.
Nothing in this policy is intended to interfere with legitimate employment decisions.
Violations
Any violation of this Policy is subject to university disciplinary action in accordance with the Disciplinary Action Policy for Compliance Misconduct.
Contact Information
Subject | Department | Phone/Email/Webpage | Phone/Email/Webpage |
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Related Information
Item | Description |
University Links | Title and website link of university policy, procedure, document or web location supporting the policy - Include links to guidance, procedures, FAQs |
Forms | Title of Form and link, university and external, related to the policy |
Related Links | Compliance Help Line |
Procedures | [Link to procedures that are mandatory actions to establish required actions and processes to comply with a policy, support compliance with applicable laws and regulations, and mitigate risk.] |