Office of Origin: Human Resources; Finance
Date Adopted: 04-27-10
Date Reviewed: 01-15-12, 05-05-18, 07-13-18
Last Date Modified & Approved: 01-15-12, 08-28-18
Lake Michigan College (the College), including its trustees, officers and all employees, has an obligation and commitment to conduct all affairs of the College in accordance with the highest standards of integrity and ethics, and in compliance with applicable Federal and State laws and College policies.
In order to promote this commitment, the College is promulgating a specific policy governing the reporting of allegations of improper or illegal conduct (hereafter “misconduct”), including the protection of persons making such allegations and/or cooperating in an investigation of such allegations.
This policy applies to all trustees, officers and employees of the College including part-time and student employees (the “employees”).
It is the policy of the College to investigate any suspicion or allegation of employee misconduct, fraud involving College accounts or operations, as well as any violation of College policies or procedures. The College will conduct these investigations in a manner that protects the civil rights of those who may be the subject of allegations.
An employee who makes a good faith disclosure of information that may evidence misconduct, such as a violation of law, College policy or other wrongful conduct, should not be subjected to any adverse employment action or retaliation based on the disclosure. On the other hand, an employee who knowingly makes a false allegation, or whose allegations are not made in good faith, is not protected under this policy, and will be subject to an appropriate discipline. Also, an employee may be the subject of discipline or an adverse personnel action for reasons unrelated to the making of a report.
All employees who become aware of misconduct have an obligation to report to the Chief Financial Officer, Vice President of Administrative Services, the Executive Director of Human Resources, or other appropriate administrative officer, any suspected theft, fraud, embezzlement, destruction of property, or another irregularity causing a loss to the College as soon as possible, but no later than one (1) year after becoming aware of the claimed misconduct.
Any employee who receives a report of misconduct shall advise the Chief Financial Officer, Vice President of Administrative Services and/or the Executive Director of Human Resources regarding the complaint of misconduct and the resolution, if any, of the complaint. Records of all such complaints shall be maintained by Human Resources.
In the event that the report of misconduct involves any of the following: Chief Financial Officer, Vice President of Administrative Services and/or the Executive Director of Human Resources, the College President will administer the investigation of the allegations.
All employees have a duty to cooperate with any investigation commenced in furtherance of this policy. Any employee who violates this policy shall be subject to disciplinary action, up to and including termination. Employees’ responsibilities include, but are not limited to, responding to auditors and/or investigators truthfully, and supplying requested information and documents without fabrication, destruction, omission, or alteration.
An employee should provide as much detail as is available when reporting misconduct. A report should be made in writing, acknowledged by the employee making the complaint. The College will maintain the confidentiality of the employee reporting the misconduct to the extent practical. However, the College cannot guarantee confidentiality, and the identity of the person making a complaint may become known. The College will determine the appropriate course of action to be taken upon receipt of a complaint of misconduct. Anonymous complaints and non-specific, broad or unsubstantiated allegations lacking an evidentiary support will not be investigated.
Responsibility: Chief Financial Officer; Vice President, Administrative Services; Executive Director, Human Resources
References: Michigan Whistleblower’s Protection Act: MCL 15.362 et seq.