Background Image
Previous Page  85 / 86 Next Page
Information
Show Menu
Previous Page 85 / 86 Next Page
Page Background

84

not compromise self-incrimination protections under state or federal law. Subjects have a

right to consult with a person or persons of their choice. This may involve representation,

including legal representation. Subjects have a responsibility not to interfere with the

investigation and to adhere to admonitions from investigators in this regard. Evidence shall

not be withheld, destroyed or tampered with, and witnesses shall not be influenced, coached

or intimidated. Unless there are compelling reasons to the contrary, subjects should be

given the opportunity to respond to material points of evidence contained in an investigation

report. No allegation of wrongdoing against a subject shall be considered sustained unless

at a minimum, a preponderance of the evidence supports the allegation. Subjects have a

right to be informed of the outcome of the investigation. If allegations are not sustained;

the subject should be consulted as to whether public disclosure of the investigation results

would be in the best interest of the College and the subject. Any disciplinary or corrective

action initiated against the subject as a result of an investigation pursuant to this policy shall

adhere to the applicable faculty or staff conduct and disciplinary procedures.

Confidentiality/Identity Protection

Bluefield College understands that a whistleblower frequently intends to report a suspected

irregularity in confidence. To the extent possible within the limitations of law and policy

and the need to conduct a competent investigation, the identity of whistleblowers will be

protected. Whistleblowers should understand, however, that their identity may become

known for reasons outside of the control of the College. Similarly, the identity of the

subject(s) of the investigation will be maintained in confidence with the same limitations.

Also, the identities of other participants involved in the investigations will be protected.

Should whistleblowers, subjects, or investigation participants self-disclose their identities,

the College no longer will be obligated to maintain such confidence.

No Recrimination or Retaliation

Bluefield College will not recriminate or retaliate against an employee who, in good faith,

has made a protest about, raised a complaint against, disclosed, or threatened to disclose

some form of practice of the College or of another individual or entity with whom the

College has or had a business relationship, on the basis of a reasonable belief that the practice

is in violation of law or a clear mandate of public policy. Participants to investigations also

are entitled to protection from recrimination and retaliation. An employee who retaliates

against someone who has reported a suspected violation in good faith is subject to discipline

up to and including termination of employment. Awhistleblower’s and participant’s right to

protection from recrimination and retaliation does not extend immunity for any complicity

in the matters that are the subject of the allegations or an ensuing investigation.