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Human Resources Manual

Policy No.: 5-16 This policy applies to:
Policy Name: Ethics Violations Reporting & Non-Retaliation Policy (Whistleblower Policy) Non-exempt staff
Effective Date: 09/11/2009 Exempt staff
Revised: 09/11/2009 * Faculty

Policy

Loyola University New Orleans is committed to exercising responsible stewardship of its resources and to conducting its affairs ethically and in compliance with the law.  This commitment has historical and modern roots in our Jesuit core values of Academic Excellence, Focus on the Whole Person, Integrity and Honesty, Diversity, Community, Justice, Service, Leadership, Discernment, and Constant Challenge to Improve. 

The purpose of this policy is to define the rights, responsibilities, and protections afforded to those who report ethics, legal, regulatory, or policy violation. An ethics violation reporter as defined by this policy is any faculty member, staff, administrator or student employee of Loyola who reports an activity that he/she considers to be illegal, dishonest, or a violation of University ethics or policies to one or more of the parties specified in this policy. Students who are not employed by the University are covered by the student policies. The ethics violation reporter is not responsible for investigating the activity or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities.

Examples of reportable activities include violations of federal, state or local laws, and violations of University ethics or policies that involve dishonest or fraudulent conduct or that pose a substantial threat to the health and safety of students, employees or the general public.  If an individual has knowledge of or a concern about such an activity, the individual should report it immediately to one of the following:

  • Their Division Vice President
  • University Police
  • The Director of Human Resources
  • The Director of Internal Audit

Procedure

All reports of illegal and dishonest activities will be promptly submitted to the Director of Human Resources or designees responsible for coordinating the investigation and determining the appropriate corrective action.  Reports of Vice President misconduct, will be reported to the President. A report of findings and corrective actions will be placed in a limited access file with the initial report in the Human Resources Office. The reporting individual must exercise sound judgment to avoid making baseless allegations. An individual who intentionally files a false report of wrongdoing is subject to disciplinary action up to and including termination of employment.  Insofar as possible, the anonymity of the ethics violation reporter will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law, or to provide fair procedural review for accused individuals. In all cases, confidentiality will be maintained to the greatest extent possible. The University will not retaliate against an ethics violation reporter acting in good faith. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, poor work assignments, or threats of physical harm. In addition, no student or employee may be adversely affected for refusing to carry out a directive which constitutes fraud or is in violation of Federal, state or local law or University policy. The rights of an ethics violation reporter for protection against retaliation do not include immunity for intentionally filing a false report of wrongdoing or any personal wrongdoing on the ethics violation reporter's part.

Any ethics violation reporter who believes he/she is being retaliated against should contact the Director of Human Resources immediately. Anyone who retaliates against an employee or student who has reported a violation in good faith is subject to discipline up to and including termination.

 

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Updated September 11, 2009