Conscientious Employee Protection Act of 1986 (CEPA: Whistleblower Act)

POLICY:

In accordance with New Jersey State Law, Monmouth University prohibits any retaliatory action against an employee because the employee:

1. Discloses or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the University or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law, or, if the employee is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care.
2. Provides information to or testifies before a public body conducting an investigation or hearing concerning such a violation.
3. Objects to or refuses to participate in an activity, policy or practice which the employee reasonably believes:
   1. is in violation of a law, or a rule or regulation promulgated pursuant to law or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care; or
   2. is fraudulent or criminal; or
   3. is incompatible with a clear mandate of public policy concerning the public health, safety or welfare, or protection of the environment.

PROCEDURE:

1. If an employee reasonably believes that the employee has been involved in, or has knowledge of an activity listed under Paragraph 3 of the Policy Section above, the employee is urged to provide written notification of the activity to the employee’s supervisor with a copy to the Director of Human Resources, the Vice President for Administrative Services, or the Vice President and General Counsel so the matter may be investigated and corrected.
2. An employee is not required to follow a chain of command if the employee reasonably believes that an activity, policy or practice is in violation of a law, or a rule or a regulation and the chain of command is a part of such violation.
3. When an employee believes the chain of command cannot be used, the employee is urged to provide written notification of the activity, policy or practice directly to the Director of Human Resources, the Vice President for Administrative Services, or the Vice President and General Counsel.
4. Under the law, such disclosures must be made within one year of the employee learning of the activity to be reported. Failure to notify the University may result in loss of important legal rights.
5. The Director of Human Resources or the Vice President for Administrative Services will conduct an investigation if the complaint meets the criteria of the Conscientious Employee Protection Act of 1986 (CEPA) and will then submit an objective report of the facts uncovered during the investigation to the University’s General Counsel, who will make the final decision. The University ensures the confidentiality of the report, to the extent possible.
6. Any supervisor, department head, or administrator, who is approached by an employee who discloses information that may fall within the criteria of the Conscientious Employee Protection Act of 1986 (CEPA), must report the information to the Director of Human Resources, the Vice President of Administrative Services, or the Vice President and General Counsel immediately.
7. This policy will be distributed annually. The University will also hang posters in both English and Spanish in appropriate areas, as well as posting on the University Bulletin Board.