The University will not tolerate retaliation or threat of retaliation against those who make good faith disclosures of actual or perceived misconduct. "Good faith" means that the person making the disclosure believes it to be true and that a reasonable person could believe the disclosure to be true on the basis of the factual information available. This definition excludes from protection persons making disclosures with reckless disregard for the truth or in willful ignorance of facts.
Statements of Anti-retaliation Policies
The University has two anti-retaliation policies. The general Anti-retaliation Policy applies to disclosures of University-related misconduct except in research (see the Operations Manual, II-11). The Anti-retaliation Policy for Reporting of Misconduct in Research (Operations Manual, II-27.8 and summarized below) is administered separately and follows federal requirements.
Complaints of Retaliation for Non-research-related Disclosures
When a person complains of retaliation resulting from his or her good faith disclosure of University-related misconduct, the DEO or other person receiving the complaint is encouraged to work with the parties informally and confidentially to resolve the complaint. The complainant must also be informed that he or she may lodge a formal complaint within 180 days of the time he or she became aware (or should have become aware) of the alleged retaliation. However, for all allegations of retaliation following disclosures of research-related misconduct, a formal investigation must take place (see below).
If a formal investigation substantiates the alleged retaliation, the University will undertake remedies for the retaliation and will discipline the person who violated the Anti-retaliation Policy, in accord with existing University disciplinary policies and procedures. If the investigation damages the reputation of the accused without substantiating the allegation, the University, in consultation with the accused, will take reasonable steps to restore that person's reputation.
The Office of the General Counsel, 120 Jessup Hall, can advise on how to handle informal or formal complaints under this policy.
Complaints of Retaliation for Research-related Disclosures
The Office of the Vice President for Research, 201 Gilmore Hall (335-2742), receives any disclosures of misconduct under the University's Policy on Ethics in Research (Operations Manual, II-27.6) and receives complaints under the University's Anti-retaliation Policy for Reporting of Misconduct in Research (Operations Manual, II-27.8). The University must handle formally all disclosures and complaints of retaliation under the latter policy and must report disclosures or complaints to the agency sponsoring the research.