Policy 5395 - Whistleblowing

Whistleblowing
The Board of Directors expects employees of the RISE Charter School to be trustworthy and to conduct themselves in an honorable manner, abiding by all RISE Charter School policies and procedures and by all applicable State and federal laws and administrative rules.
When RISE Charter School employees know or have reasonable cause to believe that serious wrongful conduct has occurred, they should report such wrongful conduct to the Executive Director or designee or his or her designee.

For the purposes of this policy, the term “wrongful conduct” shall mean:
1. Theft or misuse of RISE Charter School funds, property, or resources;
2. Fraud;
3. Violation of federal and state laws or administrative rules; and/or
4. Material violation of RISE Charter School policy or procedure aimed at protecting the health and safety of staff and students.

Disclosure and Investigation
Employees who know or have reasonable cause to believe that wrongful conduct has occurred shall report such activity to the Executive Director or his or her designee. Upon receiving a report of wrongful conduct, the Executive Director or designee shall take immediate steps to conduct an investigation. If the person alleged to have committed the wrongful conduct is the designee, the Executive Director or designee shall conduct the investigation. If the person alleged to have committed the wrongful conduct is the Executive Director or designee, the investigation shall be addressed in accordance with Policy 4120. The Executive Director or designee shall maintain a written record of the allegation; conduct an investigation, refer the matter to law enforcement or other appropriate authorities, if applicable; and notify the Board of the allegation and of the results of the investigation. The Executive Director or designee shall attempt to protect the identity of a whistleblower, provided that doing so does not interfere with the investigation of the allegations or with the taking corrective action.

Complaints of Retaliation
The RISE Charter School shall not take adverse employment action against an employee who has notified the RISE Charter School of wrongdoing, allowing the RISE Charter School the opportunity to investigate and correct the misconduct. The RISE Charter School shall not take adverse action against an employee who has reported misconduct to another government agency or who has cooperated with an investigation of wrongful conduct. Likewise, RISE Charter School employees are prohibited from retaliating against an individual for these actions.

There shall be no adverse employment action or retaliation against an individual who refuses to carry out a directive which he or she believes constitutes a violation of state or federal law or administrative rule.

An employee who alleges they have been subject to retaliation in the form of adverse employment action may contest the action as specified in the appropriate employee grievance policy. The RISE Charter School shall investigate any complaints of such retaliation and take immediate steps to stop any retaliation.

RISE Charter School employees who have engaged in retaliation shall be subject to discipline, which may include dismissal.

These protections do not apply to cases in which an employee knew or reasonably ought to have known that the report is malicious, false, or frivolous.

Nothing in this policy is intended to interfere with legitimate employment decisions.

The Executive Director or designee shall establish any procedures necessary to implement this policy.

This policy and any related procedures may be published in employee handbooks, posted in employee lounges, and/or given to all employees on an annual basis.

 

 

Cross References:
§ 5250 Certificated Staff Grievances
§ 5800 Classified Employment, Assignment, and Grievance
§ 5800P Classified Employee Grievance Procedure

Legal Reference: 

I.C. § 6-2101, et seq. Protection of Public Employees

 

Policy History:
Adopted on: July 12, 2021
Revised on:
Reviewed on: