Whistleblower Policy

It is the policy of Nebraska  Wesleyan  University that employees  and applicants  shall  be free from  fear  of  retaliation  to  report  conduct  within  Nebraska  Wesleyan  University  that  they reasonably  believe  constitutes  misconduct,  including  but  not  limited  to,  the  following:  Breach of the Code of Conduct, wire fraud, mail fraud, bank fraud, securities fraud or questionable  accounting and internal controls, auditing matters, harassment, discrimination, hostile workplace, safety and security issues, illegal or unethical business practices, hate messages, faculty and staff handbook violations.  violations  of  laws,  mismanagement,  waste  of  institution  resources,  and  abuse  of authority.

A  representative   of  Nebraska   Wesleyan  University  shall   not  take  any employment   action  in  retaliation   against  an  employee   or  applicant  who  reports  possible misconduct under this policy in good faith or who, following such disclosure, seeks a remedy provided under this policy or any law or other Nebraska Wesleyan  policy. However, employees or applicants who knowingly file false or misleading reports, or file reports without a reasonable belief as to truth or accuracy, will not be protected by this policy, and in the case of such an employee, may be subject to discipline, including termination of employment.

Process for Disclosure

1. An employee or applicant shall disclose all relevant information regarding alleged misconduct to the President or his/her designee in a signed written document within ninety (90) days of the day on which he or she first knows of the misconduct. If the employee or applicant would rather contact someone outside of Nebraska Wesleyan University, he or she may contact the confidential Campus Conduct Hotline service provided by EllA.
2. The President or his/her designee shall consider the disclosure and take whatever action he or she determines to be appropriate under the law and circumstances of the disclosure.
3. In the case of disclosure of misconduct involving the President, the disclosure shall be directed   to the   Chairperson of the Nebraska Wesleyan University Board of Governors. The Chairperson shall consider the disclosure and take whatever action he or she determines to be appropriate under the law and circumstances of the disclosure.
4. The disclosure recipient will be responsible for:

• Ensuring all investigations are carried out in a fair and unbiased manner
• Ensuring that those making complaints and/or reporting compliance concerns are treated fairly, that their confidentiality is protected to the extent the law allows, and that no retaliation occurs

Complaints of Retaliation as a Result of Disclosure

1. If an employee or applicant believes that he or she has been retaliated against through an adverse employment action for whistleblowing conduct under this policy, he or she may file a written complaint requesting an appropriate remedy.
2. For purposes of this policy, an adverse employment action shall be defined as actions including: discharge,  demotion,  suspension,  being threatened  or harassed,  or in any other manner discriminated against with respect to compensation, terms, conditions or privileges  of employment.  This policy does not prohibit an employment action that would have been taken regardless of the whistleblowing conduct.

Process for Adjudication of Complaints Stemming from Disclosure

1. An employee or applicant must file a complaint with the President or his/her designee within ninety (90) days from the effective date of the adverse employment action, or from  the  date  on  which  the  employee  or  applicant  should  reasonably  have  had knowledge of the adverse employment action.
2. Complaints shall be filed in writing and shall include:

• Name and work address of the complainant
• Name and title of Nebraska Wesleyan University official(s) against whom the complaint is made
• The specific type(s) of adverse employment action(s) taken
• The specific date(s) on which the adverse employment action(s) were taken
• A clear and concise statement of the facts that form the basis of the complaint
• A clear and concise explanation of how the complainant's report of possible misconduct is related to the adverse employment action and
• A clear and concise statement of the remedy sought by the complainant

3. Within  sixty  (60)  calendar  days  of  receipt  of  complaint,  the  President  or  his/her designee (or the Chairperson of the Nebraska Wesleyan Board of Governors in a case involving the President) shall (1) consider the written complaint, (2) conduct or have conducted  an  investigation  which,  in  his  or  her  judgment  is consistent  with  the circumstances of the complaint and disclosure, and (3) report to the complainant the conclusions of the investigation  absent overriding legal or public interest  reasons.  The identity of the complainant and the subject of the complaint shall be kept confidential to the extent possible within the legitimate needs of law and the investigation.
4. The  determination shall  be  in  writing   and  shall  include  the  findings   of  fact,  the conclusions of  the  investigation, and,  if  applicable, a  specific  and  timely   remedy consistent  with  the  findings.  The  decision   of  the  President  or  Chairperson of  the Nebraska  Wesleyan  University Board of Governors  shall  be final.

False Allegations of Wrongful Conduct

Any  employee  who  knowingly makes  false  allegations of  alleged  wrongful   conduct  shall  be subject   to  discipline  up  to  and  including   termination  of  employment,  in  accordance  with university  rules, policies, and procedures.

This policy is not a contract and it can be modified at any time with or without notice. It does not provide greater or lesser rights than applicable law provides.