A. Purpose

  1. The general purpose of this policy is to protect Agency stakeholders (any employee, volunteer or client, hereinafter “Individuals”) who engages in good faith disclosure of alleged wrongful conduct to a designated Agency official, board member or public body. More specifically it:
    1. encourages an atmosphere that allows Individuals to meet their obligations to disclose violations of law and serious breaches of conduct covered by Agency policies,
    2. informs Individuals how allegations of wrongful conduct may be disclosed,
    3. protects Individuals from reprisal through program service suspension or termination, adverse academic treatment or employment actions taken within Winter Center programming as a result of having disclosed wrongful conduct, and
    4. provides Individuals who believe they have been subject to reprisal a fair process to seek relief from retaliatory acts that fall within the authority of the Winter Center for Restorative Justice conduct

Please Note:

Nothing in this policy is intended to interfere with legitimate employment decisions, to supersede volunteer policies or to suspend general program-participant expectations.

Stakeholders who self report misconduct are NOT afforded protection by this policy.

 

B. Statement of policy

  1. Individuals are expected to abide by state and federal laws and regulations as well as Agency policies. Furthermore, a Winter Center employee cannot be compelled by a supervisor or Agency official to violate a law or Agency policy. In the interest of the Agency, Individuals who have knowledge of specific acts which he or she reasonably believes violates the law or Agency policy must disclose those acts to an appropriate Agency official or any Winter Center board member.

This policy aligns with, mirrors and endorses Kansas Statute #75-2973 in reference to the expectations and guidelines for state employees.

  1. and protects reporting Individuals who make a good faith report (as defined below) from retaliatory academic or employment action including discharge, reassignment, demotion, suspension, harassment, or other discrimination.
  2. The Agency shall devise procedures for handling a Good Faith Report of Wrongful Conduct and for responding to complaints of reprisal or retaliation against Individuals making such reports. Such procedures shall conform to the guidelines detailed below. These procedures should be published in program specific and employee handbooks, as well as on applicable websites.

C. Wrongful Conduct/Good Faith Report

  1. Wrongful Conduct is defined in this policy to be:
    1. a violation of applicable state and/or federal laws and regulations
    2. a serious violation of Agency policy
    3. the use of Agency property, resources, or authority for personal gain or other non Agency-related purpose except as provided under Agency policy

 

  1. Good Faith Report is defined in this policy to be an allegation of Wrongful Conduct made by an Individual who believes that Wrongful Conduct may have occurred.  However, an allegation is not in Good Faith if it is made with reckless disregard for or willful ignorance of facts that would disprove the allegation.

 

D. Making disclosures

  1. The Agency has existing policies and procedures for maintaining standards of conduct and disclosing Wrongful Conduct. Those policies should be followed to disclose such Wrongful Conduct. Relevant policies include, but may not be limited to:
    1. Winter Center Employment Guide
    2. Winter Center Program Participant Handbook(s)
    3. Winter Center Volunteer Policies and Procedures Reference Sheet

Additional Policies include, but may not be limited to:

    • Agency Policies on Conflict Interest
    • Agency Policies on Donation Acceptance
    • Agency Policy Prohibiting Sexual Harassment
    • Agency Policy Prohibiting Discrimination

 

  1. The above policies should be used to report any wrongful conduct covered by those policies. If the complainant believes that the responsible parties may be involved in the standard reporting process, they may report instances of wrongful conduct directly to the Program Director, the Agency Executive Director or to any and all member(s) of the Board of Directors.  

 

E. Disclosure and Investigation

In matters relating to wrongful conduct as defined in the section above, mismanagement of Agency resources, or an abuse of authority which is not covered by specific Agency policy, the Human Resource Advisory Committee is designated to receive such disclosures and conduct or coordinate follow-up which may include an investigation of the disclosure.

hrc@wintercenterhousing.org

The Human Resource Advisory Committee maintains records of these allegations. The Human Resource Advisory Committee or a referring unit (for example, internal audit or law enforcement officials) will follow-up on the matter which may include an investigation of the disclosure. Laws and Agency policies impose privacy and confidentiality restraints on reporting the results of such a review or investigation. Within the constraints of these laws and policies, the Human Resource Advisory Committee will acknowledge, and as appropriate and permissible by law and policy, provide confirmation of the status and outcome of the review.

It should be noted that a disclosure warranting an investigation is not the same as making a complaint of reprisal (adverse action or situation).

In matters of disclosure, the Agency will make all reasonable efforts to maintain the identity of the employee making the disclosure confidential, as long as maintaining confidentiality does not interfere with conducting an investigation of the specific allegations or taking corrective action.

F. Complaints of Reprisal

  1. Individuals who have been subjected to an adverse action(s) based on his or her Good Faith Report of alleged Wrongful Conduct may contest the action by filing a written complaint of reprisal with the Human Resources Advisory Committee, or the President of the Board or Directors.
  2. The Human Resources Advisory Committee will coordinate with the Board President and/or the entire Executive Board to appoint an investigator. The investigator will report findings and recommendations to the entire Board concerning whether retaliation occurred, and if so, what the appropriate remedy or remedies will be.       The decision of the Board of Directors will be final.