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This Policy prohibits retaliation against an employee or student of the College (referred to here as a “Whistleblower”) who reports an activity that the Whistleblower reasonably believes to be illegal, fraudulent or dishonest conduct involving College employees or resources.
All members of the College community are responsible for reporting fraudulent, dishonest, or illegal conduct involving College employees or resources. Such reporting should be made according to College policy or applicable law. If a situation is not addressed by existing College policy or if the appropriate manager or supervisor fails to act on such a report according to College Policy, a Whistleblower may report the matter to the President or the Internal Auditor of the College with a copy to the Chair of the Board of Trustees c/o Berea College, P. O. Box 2083, Lexington, Kentucky, 40588-2083. If necessary, a Whistleblower may report the matter directly to the Chair of the Board of Trustees.
College employees may not retaliate against a Whistleblower with the intent or effect of adversely affecting the terms or conditions of employment or enrollment. If the Whistleblower has made a confidential report, the College will exercise reasonable care to keep the Whistleblower’s identity and the report confidential, unless (1) the Whistleblower agrees to the disclosure; (2) disclosure is necessary to allow College or law enforcement officials to investigate or respond effectively to the report; (3) disclosure is required by law; or (4) the person(s) accused of violations by the Whistleblower are entitled to the information as a matter of institutional due process in disciplinary proceedings.
Whistleblowers who reasonably believe that they have been retaliated against by a College employee may file a written complaint with the President with a copy to the Chair of the Board. If retaliation is proven, the retaliating employee(s) are subject to appropriate disciplinary actions or remedies provided in law or equity, including dismissal. The prohibition against retaliation is not intended to prohibit managers or supervisors from exercising legitimate supervisory responsibilities in the usual scope of their duties and based on the College’s Workplace Expectations, other institutional policies and valid performance-related factors.
Added to manual; effective date 05-14-05
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