Conscientious Employee Protection Act Policy (Whistleblower Policy)
Purpose
The New Jersey Conscientious Employee Protection Act ("CEPA") makes it unlawful for an employer to discharge, suspend, demote, or take any other adverse employment action against an employee because that employee has reported an employer’s violation of the law, a rule or regulation issued under the law or other workplace activities that are potentially harmful to the public and/or the environment. This policy is promulgated in accordance with CEPA. It also sets forth Seton Hall’s own policy and procedures for filing a CEPA complaint at the University.
Scope
University Policy
Definitions
The New Jersey Conscientious Employee Protection Act ("CEPA") makes it unlawful for an employer to discharge, suspend, demote, or take any other adverse employment action against an employee because that employee has reported an employer’s violation of the law, a rule or regulation issued under the law or other workplace activities that are potentially harmful to the public and/or the environment. This policy is promulgated in accordance with CEPA. It also sets forth Seton Hall’s own policy and procedures for filing a CEPA complaint at the University.
Policy
- The University prohibits any retaliatory action against an employee because the employee
does any of the following:
- Discloses, or threatens to disclose, to a supervisor, to EthicsPoint or to a public body, an activity, policy or practice of the University, or that of another employer with whom the University has a business relationship, that the employee reasonably believes is in violation of a law or a rule or regulation issued under the law;
- Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation, by the University, or by another employer with whom the University has a business relationship, of a law, or a rule or regulation issued under the law; or
- Objects to, or refuses to participate in any activity, policy or practice which the
employee reasonably believes is unlawful or in violation of a rule or regulation issued
under the law, fraudulent, criminal, or incompatible with a clear mandate of public
policy concerning health, safety, welfare or protection of the environment.
- If an employee is a licensed or certified health care professional, the University
also prohibits any retaliatory action against such a licensed or certified health
care employee because the employee does any of the following:
- Discloses, or threatens to disclose, to a supervisor, to EthicsPoint or to a public body, an activity, policy or practice of the University, or that of another employer with whom the University has a business relationship, that the employee reasonably believes constitutes improper quality of patient care; or
- Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into the quality of patient care; or
- Objects to, or refuses to participate in any activity, policy or practice which the
employee reasonably believes constitutes improper quality of patient care.
- The protections against retaliation for disclosure to a public body apply only if
the employee reasonably believes the activity is in violation of the law or regulation,
has first brought the activity, policy or practice to the attention of a supervisor
by written and signed notice, and has afforded the employer a reasonable opportunity
to correct the activity, policy or practice. No such prior written notice is required
when the employee is reasonably certain that the activity, policy or practice is known
to one or more supervisors or where the employee reasonably fears physical harm as
a result of the disclosure, provided that the situation is an emergency.
- The complete text of CEPA may be found at N.J.S.A. 34:19-1, et seq.
UNIVERSITY PROCEDURES FOR FILING A CEPA COMPLAINT AT SETON HALL
- Reporting. If a University employee reasonably believes that a University activity, policy or
practice is (a) in violation of a law, a rule or regulation or (b) within the scope
of Paragraphs IV.1-2 above, in order to satisfy CEPA and unless an exception above
applies, the employee must provide written notification of the alleged activity, as
soon as possible, to a supervisor as defined in this policy, so that the matter may
be investigated and responded to appropriately by the University.
- Duty to Report. Any supervisory University employee who is approached by another University employee
who discloses or reports a University activity, policy or practice (a) in violation
of a law, a rule or regulation or (b) within the scope of Paragraphs IV.1-2 above
has a duty to report such activity to a supervisor as defined in this policy.
- False Complaints. A complaint found to be intentionally false and lacking in good faith will subject
the complainant to discipline.
- Ethics Point Anonymous Reporting. The University has established an anonymous and confidential reporting system for
CEPA complaints. An employee may anonymously report activities that fall within the
scope of CEPA as set forth in Paragraphs IV.1-2 above via the web or a toll free telephone
number. The toll free telephone number is 888-236-7522. To file electronically, an
employee may go to the Ethics Reporting site.
- Investigation Guidelines and Confidentiality. A complaint made pursuant to this policy will be investigated in accordance with the University's Guidelines for Responding to Complaints of Sexual Misconduct, Discrimination, Harassment, and Retaliation. Investigations are confidential. Complainants, respondents and witnesses should refrain from discussing investigations with each other or other University employees. Violations of confidentiality are inappropriate and unprofessional and may result in disciplinary action.
UNIVERSITY REPRESENTATIVE
The University has designated the Director of EEO Compliance, Title IX Coordinator
as the contact person to answer questions and/or provide information regarding an
employee's rights and responsibilities under this policy and CEPA. The Director of
EEO Compliance is:
Toni Hindsman, M.A.
Director of EEO Compliance, Title IX Coordinator
Seton Hall University
400 South Orange Avenue
Bayley Hall - Room 108C
South Orange, New Jersey 07079
973-275-2513
973-761-9071 (fax)
toni.hindsman@shu.edu
NOTICE TO EMPLOYEES
This policy will be distributed annually and is posted on the University's policy
website (www.shu.edu/offices/policies-procedures/policy-on-policies.cfm). It will
be posted in both English and Spanish in appropriate areas and posted on the University's
bulletin board in Human Resources.
Related Information
Related Policies
Related Documents
Responsible Offices
- Department of Human Resources
- Internal Audit Office of EEO and Title IX Compliance
Approval
Approved
Approved by President A. Gabriel Esteban on the recommendation of the Executive Cabinet on August 30, 2013.
Effective Date
August 30th, 2013