Retaliation Policy
Policy Statement
The University prohibits retaliation against any person for bringing forth a good-faith complaint a violation of law or policy against the university, or for assisting another in bringing a complaint.
Definitions
The following definitions apply to the terms as used in this Policy:
Complainant
Individual who is reported to have been the subject of the retaliatory action.
Bad Faith
Knowingly false, or with malicious intent, files a complaint of retaliation against an employee or student.
Good Faith
Subjective sincere belief that one is being retaliated against an employee or student.
Reporter
Individual reporting an instance of retaliatory action. The reporter may or may not be the complainant.
Retaliation
Retaliation is an adverse or negative action taken against an employee or student who complains about alleged unlawful practices, violations of policy, participates in a court or administrative investigation, hearing, or litigation relating to Georgia College conduct by filing a charge or acting as a witness. Employees or students closely related to or associated with any person who engaged in this conduct are also protected from retaliation.
Keywords
Retaliation
Good Faith
Bad Faith
Reason for the Policy
The University has an interest in encouraging the reporting of wrongdoing, and members of the community must be free from fear of retaliation to support that interest. In addition, the University has a responsibility to protect its employees from retaliation.
Proposed Outcome
This policy aims to promote a consistent approach to the addressing and reporting retaliation within the University. The University encourages its faculty, staff, and students to make good faith disclosures of university-related misconduct. The commitment to improve the quality of the University through such disclosures is vital to the well-being of the entire campus community. Retaliation as a response to such disclosure will not be tolerated. Retaliation, whether actual or threatened, destroys a sense of community and trust that is central to a quality environment. The University, therefore, wishes to make clear that it considers acts or threats of retaliation in response to such disclosures to constitute a serious violation of university policy. It is the policy of the University that positive employee relations and morale can best be achieved and maintained in an environment that promotes ongoing open communication between administration, staff and faculty, and students, including open and candid discussions of problems and concerns. The University encourages its staff, faculty, and students to express their issues, concerns, or opinions without fear of retaliation or reprisal.
Applicability of the Policy
This Policy applies to all members of the Georgia College community, including but not limited to faculty, staff, students, volunteers, visitors, vendors, and invited guests, as well as the general public.
Related Policies
Georgia College Complaint and Investigation Policy
Georgia College Progressive Discipline Guide
Georgia College Non-Discrimination and Harassment Policy
University System of Georgia Standards for Institutional Student Investigation and Disciplinary Proceedings
University System of Georgia Protection against Retaliation Policy
University of System Georgia Ethics Policy
Procedures
If any employee or student believes they have been retaliated against because of a protected activity, contact the Office of Human Resources or Office of Legal Affairs, their supervisor or manager in person or by phone. If a report is made to the supervisor, the supervisor will forward the information immediate to the Office of Human Resources or the Office of Legal Affairs.
1. A complaint of retaliation may be included along with an original investigation complaint or filed as an additional complaint at a later time by the original complainant or another employee or student.
2. Complaints for retaliation will be investigated according to the University investigation procedures.
3. The university will treat retaliation as a separate incident separate to appropriate discipline/corrective action, from written warning to termination/dismissal.
4. To encourage and protect whistleblowers, it is University policy that no reference to the good faith disclosure of university-related misconduct shall be made in personnel files, letters of recommendation, performance appraisals, or any other permanent evaluative documents without the concurrence of the whistleblower.
5. Intentionally false allegations will not be tolerated. A person will be held accountable for making intentionally false claims of prohibited discrimination or harassment. Irrespective of the origin or intent of the allegations, in the event the original discrimination allegations are not substantiated, the university in consultation with the accused shall take all reasonable steps within the control of the university to restore the reputation of the accused to the extent that it was damaged by the investigation and proceedings, for example, expunging all references to the allegations in the personnel records of the accused.
Creation Date: April 2018
Revision Date: N/A
Last Reviewed Date: April 2018
Next Review Date: March 2020
Responsible Department: Office of Legal Affairs
Cabinet Approval Date: July 2018
Effective Date: July 2018