Protection for Reporting Improper Government Activities

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Policy Code: 
3006
Approval Authority: 
Chancellor
Policy Type: 
University Policy
Policy Owner: 
Chancellor's Office
Responsible Office: 
General Counsel - 828.251.6821

I. Statement of policy

It is the policy of the State of North Carolina (N.C.G.S. § 126-84) that employees shall be encouraged to report to their supervisor, department head, or other appropriate authority evidence of activity by a State agency or State employee constituting:

(1) A violation of State or federal law, rule or regulation;
(2) Fraud;
(3) Misappropriation of State resources;
(4) Substantial and specific danger to the public health and safety; or
(5) Gross mismanagement, a gross waste of monies, or gross abuse of authority.

Further, it is the policy of the State of North Carolina (N.C.G.S. § 126-84) that employees be free of intimidation or harassment, from State employees and/or the Head of a State department, agency or institution, when reporting to public bodies about matters of public concern, including offering testimony to or testifying before appropriate legislative panels.

II. Protection from Retaliation

No UNC Asheville employee exercising direct or indirect supervisory authority may discharge, threaten or otherwise discriminate against another University employee regarding his/her compensation, terms, conditions, location, or privileges of employment because that employee, or a person acting on behalf of the employee, reports or is about to report any activity described in the Statement of policy, unless the State employee knows or has reason to believe that the report is inaccurate.

No UNC Asheville employee may retaliate against another University employee because the employee, or a person acting on behalf of the employee, reports or is about to report any activity described in the Statement of policy.

No University employee exercising direct or indirect supervisory authority may discharge, threaten or otherwise discriminate against another University employee regarding his/her compensation, terms, conditions, location, or privileges of employment because that employee has refused to carry out a directive which in fact constitutes a violation of State or federal law, rule, or regulation or poses a substantial and specific danger to the public health and safety.

No University employee may retaliate against another University employee because the employee has refused to carry out a directive which may constitute a violation of federal or state law, rule or regulation, or poses a substantial and specific danger to the public health and safety.

The protections of this Policy include any University employee who reports any activity described in the Statement of policy to the State Auditor as authorized by North Carolina law.

Reference Materials: 

Guiding Legislation:
N.C.G.S. § 143B-191-§143B-922
N.C.G.S. § 126-84
N.C.G.S. § 126-25