Non-Retaliation

3.11

The purpose of this policy is to comply with applicable federal and local laws prohibiting retaliation, and to promote the fair treatment of members of the OSU/A&M System who make good faith reports of potential violations of laws, regulations or policies.

Members of the Board of Regents, staff members of the Board of Regents, and the faculty, staff, and students of member institutions are encouraged to report in good faith all information regarding alleged improper or wrongful activity that may constitute, but may not be limited to, the following:

  • Illegal misconduct, harassment, or discrimination;
  • Fraud;
  • Unethical or unprofessional conduct;
  • Academic, scientific, or research misconduct;
  • Noncompliance with Board of Regents or institutional policies/procedures;
  • Circumstances involving substantial, specific or imminent danger to any members of the faculty, staff employees, administrative officials, students, or other individuals affiliated with or visiting any of the institutions governed by the Board of Regents;
  • Threats to health and/or safety;
  • Violations of local, state, or federal laws and regulations;
  • Other illegal or improper practices or policies; or
  • Misconduct or violations of policies or regulations of applicable intercollegiate athletic associations.

The Board of Regents and its institutions are firmly committed to a policy that encourages timely disclosure of such concerns and prohibits retaliation against any individual who in good faith, reports such concerns. An individual will not be exempt from the consequences of misconduct or inadequate performance by reporting his or her own misconduct or inadequate performance.

Protection from Retaliation

Individuals who, in good faith, report such incidents as described above will be protected from retaliation (an adverse employment action as defined by applicable law taken because an individual has engaged in protected activities), threats of retaliation, discharge, or other illegal discrimination. In addition, individuals will not be adversely affected because they refused to carry out a directive which constitutes fraud or is a violation of applicable local, state, federal or other laws or regulations.

Reporting Process

Any person who has evidence of alleged improper activity as described above shall promptly contact his or her immediate supervisor, department chair, dean, and/or administrative head. Instances of alleged retaliation should be reported in the same manner. If the individual is uncomfortable for any reason addressing such concerns to one of these administrators, he/she may address these issues through a confidential reporting process available 24 hours a day and/or by contacting the Human Resources or Affirmative Action departments. All reports will be handled as promptly and discreetly as possible, with facts made available only on a need-to-know basis. The Board of Regents and its staff personnel shall have the right to review any such reports.

Sanctions

Anyone who violates the Non-Retaliation Policy is subject to disciplinary action. Following an appropriate investigation and subject to the procedures which are part of the policies governing the relevant type of appointment at the institution, the individual may be subject to sanctions, including reprimand, probation, suspension, demotion, reassignment, termination, expulsion, or a no-contact directive.

Temporary sanctions invoked upon receipt of a complaint under this policy, such as a no-contact directive, may also be imposed as a permanent sanction. It is the responsibility of the administrator imposing sanctions to monitor compliance. Failure to comply with an ordered sanction may result in further disciplinary measures up to and including termination and expulsion. In addition to disciplinary action by the institution, violations of the policy which fall under state and/or federal law may also be referred to appropriate officials for criminal prosecution.

Approved Date: 
March 1, 2013