Whistleblower: Reporting Suspected Wrongdoing and Protection from Retaliation Policy

Purpose: The purpose of this policy is to encourage individuals to report, in good faith, suspected wrongful conduct to an appropriate authority so that prompt, corrective action can be taken by the University and to protect reporting individuals from any retaliation for reporting wrongful conduct. To review the Kansas Whistleblower Act (K.S.A. 75-2973), more about the process, and an employee’s rights and remedies, please read the Kansas Statute.

Applies to: This policy applies to all members of the Pittsburg State University (PSU) community, including faculty, staff, students, or any other individual employed by or acting on behalf of PSU; other individuals while on PSU property, including affiliates, employees of third-party vendors and contractors, volunteers and visitors.

Statement:
This policy is intended to encourage disclosure of violations of federal and state law, Kansas Board of Regents (KBOR) policy, or PSU policy. An employee cannot be compelled by a supervisor or any other PSU representative to violate a law, KBOR policy or PSU policy.

Policy:

Reporting Responsibility

Members of the PSU community, including students and affiliates, with knowledge of specific acts they reasonably believe to be violations are encouraged to report these suspected violations.

Reporting Procedures

Reports may be made anonymously through PSU’s Compliance and Ethics Hotline. Regardless of how the report is submitted, members of the PSU community who make a good-faith disclosure of suspected violations are covered by the retaliation protections outlined in this policy regardless of how a report is submitted to the University. Individuals may also report concerns directly to the relevant government agency.

Addressing Reports and Investigations

All reports of suspected wrongful conduct will be kept confidential to the extent possible and will be promptly addressed in collaboration with PSU’s General Counsel to determine if an investigation is warranted. Upon completion of an investigation, appropriate corrective action will be recommended if appropriate.

Protection from Retaliation

The University prohibits any form of retaliation against a person who in good faith reports or participates in the review of suspected wrongful conduct, substantiated or not, or whether the report or review was made to the University or an external body. Anyone who engages in retaliation against another for protected activity may be subject to disciplinary or other corrective action.

PSU employees enjoy whistleblower protection under K.S.A. 75-2973. Nothing in this policy shall be interpreted to conflict with other reporting obligations under state or federal law.

Exclusions or Special Circumstances

An individual is not protected by this policy if their report of alleged wrongful conduct proves to have been made with malice or with knowledge that the report is false. In such cases, the reporting individual could be subject to disciplinary or other corrective action.

Individuals who self-report their own wrongful conduct are not afforded protection by this policy; however, the University may take self-reporting into account as a mitigating factor in determining an appropriate response.

Consequences

Consequences for retaliation in violation of this policy could result in suspension, reassignment, salary reduction, termination, expulsion, or other disciplinary action. Formal complaints of retaliation related to investigations under this policy will be addressed under the appropriate procedure.

NOTICE TO EMPLOYEES – Enhanced Whistleblower Protection

Enhanced Whistleblower Protection provides protections for employees working on a Federal Government contract, subcontract or grant from reprisal for disclosure of certain information in relation to federal grants and contracts.

This Program (Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information - 41 U.S.C. 4712) specifies that employers may not discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that the employee reasonably believes is evidence of:

• Gross mismanagement of a Federal contract or grant;
• A gross waste of Federal funds;
• An abuse of authority relating to a Federal contract or grant;
• A substantial and specific danger to public health or safety; or
• A violation of law, rule or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.

The Program provides protections only when the employee discloses the information to one of the following:

• A Member of Congress or a representative of a committee of Congress;
• An Inspector General;
• The Government Accountability Office;
• A Federal employee responsible for contract or grant oversight or management at the relevant Federal agency;
• An authorized official of the Department of Justice or other law enforcement agency;
• A court or grand jury; or
• A management official or other employee of PSU who has the responsibility to investigate, discover, or address misconduct.

The Program also provides a process for an employee to file a complaint where he/she believes that he/she has been retaliated against, as a result of disclosing information about a grant or contract to one of the people or agencies listed above. If the employee decides to file a complaint outside of PSU, he/she may submit it to the Inspector General of the Federal agency that issued the contract or grant in which the alleged activity occurred. Such complaints must be filed within three years of the date of the alleged retaliation.

To report potential fraud, waste, theft, or abuse, or if you believe you have been retaliated against because you reported one of the activities above, reports may be made anonymously through PSU’s Compliance and Ethics Hotline or call toll-free 1-844-410-0003, 24 hours a day, 365 days a year. Employees may also submit complaints directly to Federal agency Office of Inspector General (OIG) Hotline Internet sites, such as these:

• Department of Health and Human Services: https://oig.hhs.gov/fraud/report-fraud/
  Divisions under HHS:
  • NIH – National Institutes of Health https://oma.od.nih.gov/DPI/Pages/Home.aspx
  • HRSA – Health Resource and Services Administration
  • CDC – Centers for Disease Control
  • FDA – Food and Drug Administration
  • National Science Foundation: https://oig.nsf.gov/
• Department of Commerce: https://www.oig.doc.gov/  Divisions under DOC:
  • NIST – National Institute of Standards and Technology
  • EDA – Economic Development Administration
• Department of Agriculture: https://usdaoig.oversight.gov/ Divisions under USDA:
• NIFA – National Institute of Food and Agriculture
• RD – Rural Development
• Department of Defense: https://www.dodig.mil/Components/Administrative-Investigations/DoD-Hotline/
• NASA – National Aeronautics and Space Administration: https://oigforms.nasa.gov/whistleblower.html

To review more about the process and an employee’s rights and remedies, please read the statute here.

If you have questions related to this Program, please contact PSU’s General Counsel.

Note: PSU’s General Counsel is key contact for policy interpretation, enforcement, and other issues not specifically addressed in this policy.