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| Procedure: 6Hx28: 1-10 |
| Responsible Official: Vice President for Policy and General Counsel |
| Specific Authority: 1001.61 - 65, 1004.70 FS. |
| Law Implemented: 1001.61 - 65, 1004.70 FS. |
| Effective Date: 11-20-01 |
Procedures:
- Reporting Improper Activities
- Any person may report Improper Activities or suspected Improper Activities. Improper Activities are defined as acts of gross mismanagement, malfeasance, misfeasance, gross waste of public funds or gross neglect of duty by the College, its employees or independent contractors, or any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by the College, its employees or independent contractors which creates and presents a substantial and specific danger to the public's health, safety, or welfare.
- Allegations of Improper Activities may be reported anonymously. Any College employee who has knowledge of Improper Activities by the College, its trustees, employees or independent contractors shall report such knowledge to the College. The employee is not responsible for investigating the activity or for determining fault or corrective measures; appropriate College officials are charged with these responsibilities.
- Improper Activities generally involve a willful or deliberate act or omission with the intention of obtaining an unauthorized benefit, service, property or something of value by deception, misrepresentation or other unethical or unlawful means. Improper Activities may occur through many methods, including mail, wire, telephone and the internet. Improper Activities may include, but are not limited to:
- Forgery or unauthorized alteration of documents or computer records;
- Falsification or misrepresentation of reports to management and external agencies, including time sheets, official travel claims for reimbursement and/or other expense reimbursement reports;
- Authorizing or receiving payment for time not worked (e.g., for non-exempt employees);
- Misappropriation of funds, securities, supplies or other assets;
- Impropriety in handling or reporting of money or financial transactions;
- Engaging in unauthorized activities that result in a conflict of interest;
- Disclosing confidential or proprietary information to unauthorized individuals;
- Removal of College property, records or other assets from College premises without supervisory approval;
- Unauthorized use or destruction of College property, records or other College assets;
- Taking information and using it in an unauthorized manner or facilitating identity theft; and
- Knowingly making false allegations of Improper Activities.
- Normally, a report by a College employee of allegations of Improper Activity should be made to the reporting employee's immediate supervisor or other appropriate administrator or supervisor within the operating unit. However, when there is a potential conflict of interest or for other reasons, such reports may be made to another College official whom the reporting employee may reasonably expect to have either responsibility over the affected area or the authority to review the alleged Improper Activity on behalf of the College.
- All supervisors who receive such reports should immediately report them to the Office of Human Resources and Diversity and the Internal Auditor, who in consultation with the supervisor and the appropriate Vice President and/or Provost, or designees, will monitor and may participate in any resulting investigation. In all cases, the reporting employee shall not discuss the matter with anyone other than the person or office to whom the Improper Activity was reported.
- When the alleged Improper Activity involves the President or a Vice President, such reports should be made to the Internal Auditor. The office of the Internal Auditor may be contacted at InternalAudit@Valenciacc.edu, or by telephone at 407-582-5557.
- Employees who knowingly make false allegations of Improper Activities may be subject to disciplinary action up to and including dismissal. It is important to note that allegations of Improper Activities that are investigated and deemed unsubstantiated are not necessarily indicative of false allegations.
- Investigations
- Upon review of allegations of Improper Activities, if it is determined that an investigation is warranted, the Office of Human Resources and Diversity and the Internal Auditor may participate in or monitor the investigation of the reported Improper Activity in consultation with other administrators, as appropriate. In those instances where the investigation indicates criminal activity, the investigation shall immediately be turned over to the appropriate law enforcement authorities.
- All employees are to cooperate fully with those performing an investigation pursuant to this policy/procedure. An employee who does not fully cooperate with an authorized investigation may be disciplined, up to and including termination of employment. An employee may be required to answer any questions that are within the scope of the employee's employment.
- The investigation shall be completed expeditiously and in accordance with established procedures. The results of the investigation conducted shall be communicated, either orally or in writing, to the Internal Auditor, the College President or appropriate Vice President or other administrator.
- Allegations or matters of conduct deemed outside the scope of this policy, such as harassment, discrimination, supervisory or other personnel-related issues, may be referred to the respective area of management or the Office for Human Resources and Diversity for review and appropriate action.
- Actions
- Employees determined to have participated in Improper Activities will be subject to disciplinary action in accordance with College policies and procedures. In those instances where disciplinary and/or other administrative action is warranted, the College's Office of Human Resources and Diversity, or other appropriate office, shall be consulted prior to the taking of such actions.
- Criminal, civil and/or other administrative actions may also be taken against these employees. Criminal action falls within the sole purview of local, state or federal law enforcement, and prosecuting and judicial authorities.
- Whistleblower Protection Procedures
- Pursuant to the provisions of Sec. 112.3187, F.S., any employee who believes he or she has been subjected to an adverse personnel action for (1) reporting Improper Activity, or (2) for refusing to engage in Improper Activity that would result in a violation of law ("Retaliation" or "Retaliatory Conduct"), should report such conduct, in a written and signed complaint, within sixty (60) days of its occurrence, to the appropriate supervisory personnel (if such supervisory personnel is not the source of or otherwise involved in the retaliatory conduct).
- Any supervisory employee who receives such a report of Retaliation, or who otherwise is aware of such prohibited Retaliatory Conduct, is required to advise the Internal Auditor and other appropriate College personnel of any such report or knowledge of Retaliatory Conduct. The supervisor will coordinate the investigation.
- The employee believes that reporting such Retaliatory Conduct to the appropriate supervisor is for any reason inappropriate, unacceptable or will be ineffectual, or if the report to the supervisor has been made and the Retaliatory Conduct has not ended, the employee shall report the Retaliatory Conduct directly to the Internal Auditor, who will coordinate the investigation.
- All internal complaints of Retaliation will be investigated promptly and with discretion, and all information obtained will be handled on a "need to know" basis. At the conclusion of an investigation, as appropriate, remedial and/or disciplinary action will be taken where the allegations of Retaliatory Conduct are verified and/or otherwise substantiated.
- The provisions of these procedures with respect to whistleblower protection procedures shall protect employees who disclose information on their own initiative in a written and signed complaint, who are requested to participate in an investigation, hearing, or other inquiry conducted by the College, any state agency or federal government entity; or who refuse to participate in any adverse personnel action prohibited by this section; or who file a written and signed complaint with their supervisor or to the Internal Auditor. The provisions of these procedures with respect to whistleblower protection procedures shall not be applicable when an employee discloses information known by the employee to be false.
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Related Documents and Policies:
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History:
Replaced former Policies 6Hx28:01-00, 6Hx28:02-00, 6Hx28:02-01, 6Hx28:02-02, 6Hx28:02-03, 6Hx28:02-05, 6Hx28:04-01 and 6H28:04-02: 11-20-01; Formerly 6Hx28:01-09; Amended 7-1-09. Revised, updated and approved on 6-16-09.
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Faculty & Staff 
