UH System Policies and Procedures
- Board of Regents Policies
- + 1. General Provisions
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- Abolished Policies (Post Oct. 2014)
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UH‐Related Laws and Rules
- Hawaiʻi Revised Statutes (HRS) 304A
- Hawaiʻi Administrative Rules (HAR) Title 20
Executive Policy 1.206 Executive Policy 1.206
Whistleblower and Retaliation Policy
Executive Policy 1.206
Whistleblower and Retaliation Policy
Executive Policy Chapter 1, General Provisions
Executive Policy 1.206, Whistleblower and Retaliation Policy
Effective Date: May 2019
Prior Dates Amended: None
Responsible Office: Office of Risk Management
Governing Board of Regents Policy: RP 2.205, Policy on Whistleblowing and Retaliation
Review Date: May 2022
This policy is intended to promote an atmosphere at the University of Hawai'i (“University”) that allows individuals to disclose in good faith violations of law, regulation or policy, and to protect individuals from retaliation by adverse academic or employment action taken as a result of a good faith report of suspected wrongful conduct.
As a public institution, the University and its members (faculty, staff, students and administrators) have a responsibility to conduct their affairs ethically and in compliance with all applicable laws, regulations, and policies.
This policy is intended to supplement and not supersede the Hawai'i Whistleblowers’ Protection Act, Hawai'i Revised Statutes (HRS) § 378-62, and existing policies prohibiting retaliation for good faith reporting of violations of law, regulation and policy. This policy is not intended to provide an additional avenue for seeking redress on a claim that has already been adjudicated under another existing policy.
“Good Faith Report” – An allegation of misconduct made to the University with a reasonable belief in the truth of the allegation. An allegation is not made in good faith if it is knowingly false, or made with reckless disregard for or willful ignorance of facts that would disprove the allegation.
“Interference” – Direct or indirect use of authority or influence to obstruct an individual’s right to make a protected disclosure.
“Member of the University” – Faculty, staff, students, and administrators.
“Misconduct” – A violation of state or federal law or regulation; a serious violation of University policy (including faculty and staff ethical standards or student conduct code), the substantive use of University property, assets, resources, equipment, authority, services or cash for personal gain or other non-University-related purposes except as provided under University policy; fraud; gross incompetence; economic waste or other forms of gross inefficiency; or conditions that may significantly endanger the health or safety of University employees, students, and/or the general public.
“Protected Disclosure” – A Good Faith Report about actual or suspected Misconduct carried out by a Member of the University based on reasonable belief that the conduct has both occurred and is wrongful under applicable law, regulation and/or University policy.
“Retaliation” – Any adverse academic or employment action or credible threat of an adverse academic or employment action taken by the University or its Member(s), in response to a whistleblower’s Good Faith Report of Misconduct. “Retaliation” does not include an institution’s decision to investigate a Good Faith Report of Misconduct.
“Whistleblower” – An individual who makes a Good Faith Report, or indicates intent to make a Good Faith Report, or what is perceived to be a Good Faith Report of Misconduct by a Member of the University.
III. Executive Policy
IV. Delegation of Authority
V. Contact Information