Breaking down the policy
Retaliation will not be levied for those who:
-Report a suspected violation of a law or regulation
-Report a suspected violation of university policy
-Provide testimony or assist in the university’s investigation
Any person who has been threatened with adverse action may file a complaint with the Office of University Compliance.
An employee determined to have engaged in retaliation may be subject to disciplinary action including termination.
Source: Ball State University Whistleblower Protection Policy
• new whistleblower policy allows employees to report without fear of retaliation.
• Change follows recent Supreme Court case.
• University Senate member says new policy could prevent scandal.
Ball State is reassuring any employee or member of the university they can safely come forward and report misconduct without fear of retaliation, joining Indiana University and Purdue University.
The whistleblower policy passed Thursday afternoon in University Senate and ensures employees who report a suspected violation of state or federal law or university policy, or assists the university in an investigation.
Vice president and General Counsel Sali Falling said an environment that does not encourage reporting violations can lead to situations such as the Jerry Sandusky scandal, in which high-level school officials at Penn State University were charged with perjury for not reporting sexual assault by the former football.
“We want an environment where people are not afraid to complain,” Falling said. “We want a culture where reporting is seen as a positive activity. Horrible and damaging things can be done not only to individuals, but to the institution as a whole [when people do not come forward].”
According to the policy, all employees and members of the Ball State community are expected to come forward if they see misconduct.
The university already has policies for reporting certain types of misconduct including discrimination, sexual harassment, conflict of interest and protecting human subjects used in research. Other violations can be reported to the office of University Compliance.
Over the summer, Ball State Dining faced alegations of racial descrimination by Maetta Vance, a former Ball State catering employee who said she was harassed by a supervisor and that Ball State should be held liable.
Even though Ball State eventually won the case in a 5-4 U.S. Supreme Court vote, the wistleblower policies offered Vance a way to express her grievances.
Falling said even though the provisions are already in place to encourage reporting, it is important the university makes this statement separately.
“Our diversity community asked that we pay special attention to messages about retaliation to make sure people know absolutely we want you to talk to us if you are concerned,” she said.
The new policy will be included in the employee handbook, new employee orientation and used to facilitate discussion with academic leadership.
Falling said the university depends on members of the community to watch out for each other and come forward.
“How it works in everyday life is the difference as to whether or not people will come forward,” she said.
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