Lawriter - OAC - 3364-15-04 Non-retaliation policy.

3364-15-04 Non-retaliation policy.

(A) Policy statement

The university of Toledo encourages all employees, students, volunteers, agents, or contractors acting in good faith, to report suspected or actual wrongful conduct. The university, in compliance with section 4113.52 of the Revised Code, is committed to protecting individuals from interference with making a protected disclosure and from retaliation for having made a protected disclosure or for having refused an illegal order as defined by this policy.

(B) Purpose of policy

This policy is intended to:

(1) Encourage individuals to engage in good faith disclosures of suspected wrongful conduct to the appropriate university official so that prompt, corrective action can be taken by the university

(2) Protect individuals from disciplinary action or other retaliation as a result of disclosing wrongful conduct (individuals who self-report their own misconduct are not afforded protection by this policy)

(3) Protect individuals against false allegations of retaliation

(4) Protect the university when taking action against individuals who make bad faith disclosures

This policy will not provide protection for any communication that proves to have been both unsubstantiated and made with malice or with knowledge of its falsity and will not interfere with legitimate employment decisions.

(C) Procedure

To make a report of wrongful conduct, including violations of this policy, see rule 3364-15-05 of the Administrative Code, "Protected disclosures and anonymous reporting line."

(1) All reports of wrongful conduct will be investigated in accordance with rule 3364-15-05 of the Administrative Code, "Protected disclosures and anonymous reporting line."

(2) Actions determined to be retaliation or bad faith reporting can result in disciplinary actions up to and including termination.

(3) The university's anonymous reporting line can be used to report any situation without using any personally identifiable information (888-416-1308).

(D) Definitions

(1) Wrongful conduct. A serious violation of university policy; a violation of applicable state and federal laws; or the use of university property, resources or authority for personal gain or other non-university-related purpose except as provided under university policy.

(2) Protected disclosure. Communications about actual or suspected wrongful conduct engaged in by a university employee, student, volunteer, agent or contractor (who is not the disclosing individual) based on a good faith and a reasonable belief that the conduct has both occurred and is wrongful under applicable law and/or university policy.

(3) Retaliation. Disciplinary or adverse action taken against an individual because she or he has made a protected disclosure or has participated in an investigation, proceeding, or hearing involving a protected disclosure.

(4) Acting in good faith. Anyone filing a complaint concerning a violation or suspected violation of this policy must have reasonable grounds for believing the information disclosed indicates a violation of the policy.

Effective: 6/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364