FC-07-043
3810
RETALIATION
PREAMBLE: This section was added to the Handbook in March of 1996. It was revised in 2007 to add a process for addressing retaliation complaints. For further information, contact the Faculty Secretary (208-885-6151) or the Human Rights Compliance Affirmative Action Officer (208-885-65914212).
A. It is a violation of University policy for any employee to engage in retaliatory conduct, which includes conduct that intimidates, threatens, coerces, or retaliates against any individual because that individual reports a perceived wrongdoing, inequity, or violation of law or UI policy, files a complaint alleging illegal or prohibited discrimination, participates in a grievance or appeals procedure, or participates in a dispute resolution through Human Resources or the Office of the Ombuds.[ed. 7-06]
B. A current or former employee who believes he or she has been subjected to retaliatory conduct described in section A above or who believes he or she has been subjected to, or threatened with, an adverse personnel action because of protected action based on his or her engagement in the activities described in Paragraph A above or as set forth in FSH 3290 B B prior disclosure of alleged wrongful conduct may file a protest the action by filing a written retaliation retaliationwhistle-blower complaint with the Human Rights Compliance Officer. a university officer. The complaint must be filed within thirty (30) working days after a reasonable employee would realize that he or she was being subjected to retaliatory conduct, adverse action, or threat of adverse action. The Human Rights Compliance Officer or university officer or designee,on receipt of a retaliationwhistle-blower complaint, shall review the complaint expeditiously to determine:
- Whether the complainant engaged in the protected action as activities described in section Paragraph A above or FSH 3290 Breported alleged wrongful conduct to a public body before an adverse action was imposed;
- Whether the complainant subsequently suffered from retaliatory conduct described in section A above, or an adverse personnel action, or threat of adverse action, as defined in FSH 3290 A-1 after reporting alleged wrongful conduct to a public body;, and
- Whether the complainant alleges that there was a causal relationship between the retaliatory conduct, adverse personnel action, or threat of adverse actionand resulted from the protected activitiesaction described in Paragraph A above or 3290 Bthe prior disclosure.
Within thirty (30) days after receipt of the complaint, the Human Rights Compliance Officer university officer shall notify the complainant in writing of the results of the review, along with any appropriate recommendations regarding remedies. I andn the case of a finding or adverse action,there also shall be a recommendation regarding whether the adverse personnel action is affirmed, reversed, or modified, . Awith a copy of the recommendationdecisionwill be sent to the respondent(s) and to the employeer’s supervisor and other appropriate unit administrators. The supervisor will implement the decision and will verify implementation in writing to the university officer within 10 days after receipt of the university officer’s decision.
C. A complainant who is dissatisfied with the decision of the university officer result of the retaliation on the whistle-blower complaint may proceed under FSH file a request for a problem solving meeting whistle-blower hearing and proceed under FSH 3860, section D, 3840, or 3890______, or ______, as applicable, within the time frame and other limitations set forth in such policy.
D.The university may discipline an employee who engages in retaliatory conduct as described in section A above up to and including termination.
Page 1 of 1