Whistleblower

1. Introduction and Purpose

Loyalist College is committed to maintaining the highest standards of ethical conduct in all of its activities. The College endeavours to conduct its operations and develop policies and practices consistent with By-Law 1 – General Governance, Board of Governors By-Laws, all legal statutes and professional requirements established by public policy and the Ontario Colleges of Applied Arts and Technology Act (2002) Regulation 34/03, and the Minister’s Binding Policy Directives.

The primary purpose of this policy is to aid in fostering and maintaining a culture of compliance and accountability and to communicate and reinforce desired workplace values and behaviours to every part of the College.

The process for reporting wrongdoing is set out in ADMIN 117 Whistleblower Procedure.

2. Application

This policy applies to all students and employees of Loyalist College. The whistleblowing policy and process for the Loyalist College Board of Governors are outlined in C4. Whistleblower Policy.

3. Definitions

Gross Mismanagement: The exercise of responsibilities in a manner that significantly deviates from the standard of care or competence that a reasonable person would apply in the same circumstances.

Serious Wrongdoing: Wrongful acts and omissions of a non-technical or non-trivial nature, which includes:

• criminal offenses, or other willful violations of federal, provincial or municipal law;
• gross mismanagement of College or public resources; and
• acts or omissions that cause substantial and specific danger to the environment or public health, safety, or the environment.

Whistleblowing: The reporting of evidence of serious wrongdoing under this policy. Whistleblowing is not raising individual concerns, appeals, complaints, grievances, or issues associated with matters such as, but not limited to, academic appeals, student or employee conduct or harassment, discrimination, accessibility, copyright, intellectual property, individual health or safety, management or employee performance, or provisions contained in collective agreements or legal statute, where other resolution processes exist. 

4. Policy Statement

The College will not retaliate against any College community member who, in good faith, makes a report in accordance with this policy. Any member of the College has the right to invoke this policy where there is an honest belief that Loyalist or its members are engaged in serious misconduct, wrongdoing, or illegal activity and there is no confidential internal policy or mechanism available to raise issues of a public concern.

Specifically, these are issues that constitute a criminal offence: negligent, improper or gross mismanagement of any Loyalist or public funds; a serious, willful and flagrant breach of federal, provincial, or municipal statute or Loyalist policy, procedure or regulation; and/or a substantial and specific danger to the environment or public health and safety.

If a person makes a report under this policy in bad faith, or knowingly provides false or inaccurate information, that person will be subject to disciplinary sanctions, which may include termination of employment.

5. Recordkeeping

The Office of the President will keep a written record of all reports for a period of no less than seven years.

The Office of the President will provide an annual report to the Board of Governors on any ongoing or completed investigations. Reports will include steps taken to resolve the matters raised in each report. All reports to the Board will be presented in-camera.

6. Related Documents or Links

• ADMIN 117 Whistleblower Procedure

7. References

• C4 Whistleblower Policy, Loyalist College Board of Governors Policy