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PURPOSE

The purpose of this policy is to protect any Canisius College personnel or other member of the college community (“individuals”) who makes a good faith disclosure of suspected wrongful conduct.  This policy provides a mechanism for and encourages individuals to report wrongful conduct or raise any ethics-related questions or concerns, free from any fear of reprisals.

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All college personnel are obligated to cooperate fully in the investigation of any allegation of wrongful conduct.

This policy does not restrict an employee's right to make disclosures in accordance with New York Labor Law § 740.

DEFINITIONS

Baseless Claim—an allegation made with reckless disregard for its truth or falsity.

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Good Faith Report—an allegation of wrongful conduct made by an individual who reasonably 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.

Protected Disclosure—communication about actual or suspected unethical behavior or wrongful conduct engaged in by a college employee, student, volunteer, agent or contractor (who is not also the disclosing individual) based on a good faith and reasonable belief that the conduct has both occurred and is wrongful under applicable law and/or college policy.

Retaliation—adverse action against an individual because she or he has made a protected disclosure or has participated in an investigation, proceeding, or hearing involving a protected disclosure.

Wrongful Conduct—Violations of applicable state and federal laws, rules or regulations, conduct that poses a substantial and specific danger to the public health or safety, fraud, accounting irregularities, auditing abuse, falsification or records, improper destruction of college records, conflicts of interest, impeding a college or law enforcement investigation, violation of a government contract or grant requirement, research misconduct, serious violation of college policy, or the use of college property, resources, or authority for personal gain or other non college-related purpose except as provided under college policy.

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Reporting wrongful conduct is a service to the college and will not jeopardize anyone’s employment or status with the college.  Furthermore, the college will not tolerate retaliation toward or harassment of individuals who, in good faith, report an incident of wrongful conduct under this policy or in accordance with Labor Law § 740.  College personnel who take such retaliatory or harassing actions will be subject to discipline by the college.  Similarly, students and other members of the college community who take retaliatory or harassing actions will be subject to discipline by the college.  Such disciplinary action may include termination, suspension, expulsion, cancellation of the applicable vendor contract, removal from campus, and/or any other action the college deems necessary.

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