Reporting Noncompliance
1. PURPOSE
Brigham Young University-Hawaii (“BYU–Hawaii” or “university”) is committed to providing a safe environment in which employees will, in good faith, report reasonable suspicions of unethical behavior and noncompliance with law or policy in the workplace.
2. POLICY
BYU–Hawaii endeavors to provide personnel and students with educational, spiritual, and personal development opportunities in a safe and principled environment that is conducive to achieving the university’s mission. The university, as a higher education institution, is a complex environment subject to many laws and regulations. BYU–Hawaii is committed to compliance with all regulatory requirements applicable to campus operations. BYU–Hawaii expects all personnel to be familiar with and comply with university policy and with relevant federal and state laws and regulations. Specific expectations and policies can be found at policies.byuh.edu and on the university’s compliance website at compliance.byuh.edu. Questions about the application of policies can be directed to the policy owner listed in the policy, to the university’s Office of Compliance & Ethics, or to the Office of the General Counsel.
3. IMPLEMENTATION
3.1 Normal Reporting Lines
Employees are encouraged to attempt to resolve their concerns at the most local level by reporting their concerns to a supervisor or other appropriate contact person within their units. If employees feel uncomfortable addressing their concerns within their units or wish for any other reason to address their concerns elsewhere, they may make their reports directly to the university offices responsible for handling the subject area. The compliance directory provides a list of persons to whom university employees may direct compliance concerns and inquiries. The university is committed to investigating all reports of suspected noncompliance, from whatever source, and will implement corrective or disciplinary action when necessary. University employees are expected to fully cooperate with investigations.
3.2 Compliance Hotline
If employees are uncomfortable reporting suspected compliance violations through normal reporting lines or if other internal resolution mechanisms have not resolved a compliance issue, employees can and should report suspected compliance violations by contacting the Office of Compliance & Ethics or by using BYU–Hawaii’s compliance hotline. Employees may use the hotline to make an anonymous report, and as permitted by applicable law and policy, BYU–Hawaii will strive to protect the reporter’s identity and the confidentiality of the information provided. The compliance hotline is not intended for handling employee grievances that do not involve legal or policy violations. Nonetheless, good faith reports of legal or policy noncompliance submitted through the compliance hotline will be reviewed and, if appropriate, investigated and resolved. Reports submitted through the hotline are taken seriously and will be given careful attention with the goal of preventing, stopping, and remedying the reported non-compliance. Employees can access the BYU–Hawaii compliance hotline, provided by the third-party EthicsPoint, through an online portal or by calling 1 (888) 238-1062. Reports can also be submitted directly to the Office of Compliance & Ethics by emailing compliance@byuh.edu.
3.3 Protection from Retaliation
BYU–Hawaii will keep confidential the identity of the person making a report of noncompliance unless (1) the person consents to disclosure, (2) a governmental authority compels the disclosure (e.g., as per applicable law, lawfully issued subpoenas, warrants, court orders, or other investigatory documents issued by a court of competent jurisdiction), or (3) maintaining such confidentiality would interfere with conducting an investigation of the specific allegations or taking corrective action. Confidentiality means disclosure will be made only to university personnel or agents who have a legitimate need to know in order to perform their university responsibilities. No adverse employment action may be taken in knowing retaliation against any person who makes a good faith report of noncompliance; reports reasonable suspicions of noncompliance in the workplace to a governmental authority; or participates in a judicial, administrative, legislative, or university proceeding related to allegations. Adverse employment action is broadly defined as any employment-related act or decision, including a failure to take appropriate action, by a supervisor or higher-level authority which might dissuade a reasonable employee from making or supporting an allegation of noncompliance in the workplace.