Procedure for Filing a Protected Disclosure – October 14, 2020

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PROCEDURE FOR FILING A PROTECTED

DISCLOSURE

Procedure

Type:

Management

Initially

Approved:

October 14,

2020

Procedure

Sponsor:

General Counsel

and University

Secretary

Last Revised: April 1, 2021

Administrative

Responsibility:

General Counsel

and University

Secretary

Review

Scheduled:

October 14,

2025

Approver:

Executive Leadership Team

PROCEDURES

SUBMITTING A PROTECTED DISCLOSURE

1.1

In advance of submitting a Protected Disclosure, a Discloser may seek advice or

information on the process of filing a Protected Disclosure either through their

supervisor, the Designated Officer, the Chief Officer, or the Office of the Public

Interest Commissioner. The Discloser’s supervisor, the Designated Officer, the Chief

Officer, or the Office of the Public Interest Commissioner may require the request for

advice or information to be in writing.

1.2

If an Employee makes an initial allegation through Confidence Line via telephone at

1 (800) 661-9675 or via the internet at www.mru.confidenceline.net, the Designated

Officer will assess the allegation and where able, will follow up with the Employee to

initiate the Procedure or filing a Protected Disclosure. If the Designated Officer is the

subject of the alleged Wrongdoing, the Employee must clearly explain to Confidence

Line that the allegation involves the Designated Officer so that Confidence Line

contacts the Chief Officer to file the Protected Disclosure.

1.3

A Discloser may make a Protected Disclosure by submitting a written allegation of

Wrongdoing using the Protected Disclosure Form to the Designated Officer:

a. by email to

designatedofficer@mtroyal.ca;

b. by hand delivery to the Designated Officer – Office of General Counsel and

University Secretariat within the Executive Offices Room A-317, 3rd Floor,

Kerby Hall; or

c. by mail delivery at:

Designated Officer – Office of General Counsel and University Secretariat

Mount Royal University

4825 Mount Royal Gate SW

Calgary, Alberta, Canada

T3E 6K6

1.4

If a Discloser believes the Designated Officer may have a real or perceived conflict

of interest relating to the alleged Wrongdoing, the Discloser may make a Protected

Disclosure by using the Protected Disclosure Form to the Chief Officer. If the Chief

Procedure for Filing a Protected Disclosure – October 14, 2020

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Officer receives a Protected Disclosure of this nature, they may either follow the

procedures outlined within this Policy as though they are the Designated Officer or

designate another Employee as a Designated Officer for the purposes of

investigating the Protected Disclosure in accordance with the Policy and related

procedures.

1.5

The completed Protected Disclosure Form may be submitted to the Chief Officer by:

a. Email to

chiefofficer@mtroyal.ca

;

b. hand delivery to the Chief Officer – President and Vice-Chancellor within the

Executive Offices Room A-317, 3rd Floor, Kerby Hall; or

c. mail delivery at:

Chief Officer - President and Vice-Chancellor

Mount Royal University

4825 Mount Royal Gate SW

Calgary, Alberta, Canada

T3E 6K6

1.6

The Protected Disclosure must include:

a. a description of the Wrongdoing;

b. the dates of the Wrongdoing;

c. the name of the individual or individuals alleged

to have committed the Wrongdoing, or

ii.

to be about to commit the Wrongdoing; and

d. any additional information that the Designated Officer may reasonably require to

investigate the matters set out in the Protected Disclosure.

1.7

If a Discloser believes that the Chief Officer may have a real or potential conflict of

interest in the alleged Wrongdoing, the Discloser may make a disclosure directly to

the Commissioner.

1.8

A Discloser may also make a Protected Disclosure directly to the Commissioner

using the provided contact information:

a. Email:

info@pic.alberta.ca

b. Phone: 1-855-641-8659

c. Website:

www.yourvoiceprotected.ca

1.9

A Discloser may contact the Commissioner at any time relating to a Protected

Disclosure and may also follow up with the Commissioner if:

a. the Discloser has made a Protected Disclosure and does not agree with the

Designated Officer’s decision not to investigate;

Procedure for Filing a Protected Disclosure – October 14, 2020

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b. the Discloser has made a Protected Disclosure and the investigation has not

been completed in accordance with the procedures;

c. the Discloser has made a Protected Disclosure and the matter has not been

resolved within the time periods established under the Act; or

d. the Discloser has made a Protected Disclosure, the investigation has been

completed, a final decision has been issued, and the Discloser is dissatisfied

with the decision.

RECEIPT OF A PROTECTED DISCLOSURE FORM

Upon receipt of a Protected Disclosure Form, the Designated Officer will

acknowledge its receipt to the Discloser within five (5) Business Days.

2.1

The Designated Officer will review the contents of the Protected Disclosure Form

with the Discloser to determine if the Protected Disclosure was made in good faith

and contains enough information for the Designated Officer to assess the allegation;

2.2

A Protected Disclosure made in good faith means:

a. the Discloser is not seeking to deceive the University;

b. the allegations are not frivolous; or

c. the allegations are not vexatious in nature and seeking to cause emotional or

material harm to those accused of Wrongdoing.

2.3

The Designated Officer will create a case file containing the contents of the Protected

Disclosure Form and will review the Protected Disclosure to determine whether it:

a. meets the definition of a Wrongdoing;

b. falls within the parameters of this Policy or if it should be addressed elsewhere

through existing policy or procedure;

c. should be dismissed for being made in bad faith; or

d. should be dismissed for another valid reason.

2.4

Within 20 business days of receiving a Protected Disclosure the Designated Officer

will inform the Discloser of their decision to investigate and, where appropriate,

initiate the Procedure for Investigating a Protected Disclosure.

2.5

The Designated Officer may initiate a single investigation when multiple Protected

Disclosures made on the same matter have been received. However, each Protected

Disclosure received must be acknowledged in writing to the Discloser.

2.6

Prior to initiating an investigation into an allegation of Wrongdoing, the Designated

Officer may consult with the Chief Officer or the Commissioner regarding the

contents of the Protected Disclosure and the management of the investigation. Any

such consultation may be required to be in writing by either the Chief Officer or the

Commissioner.

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2.7

An allegation of Wrongdoing that has occurred more than two (2) years prior to the

date of the Protected Disclosure will generally not be investigated unless the

Designated Officer determines that the allegation of Wrongdoing exposes a

continued or future risk to Employees, students, the public, patient safety, the

integrity or the reputation of the University.

2.8

As a result of a Protected Disclosure:

a. if the Designated Officer has reason to believe that an offence has been

committed under an act or regulation of Alberta or of the Parliament of Canada,

the Designated Officer must, as a requirement of the Act and as soon as

reasonably practicable, report the alleged offence to a law enforcement agency

and to the Minister of Justice and Solicitor General.

b. if the Designated Officer has reason to believe that the contents of a Protected

Disclosure could constitute an imminent risk of a substantial and specific danger

to the life, health or safety of individuals, or to the environment, the Designated

Officer must notify the Commissioner immediately and disclose the matter to an

appropriate law enforcement agency.

DEFINITIONS

(1)

the Act:

means the Public Interest Disclosure (Whistleblower

Protection) Act (Alberta), as amended, and any regulations

thereunder

(2)

Chief Officer:

means the President and Vice-Chancellor

(3)

Commissioner:

means the Public Interest Commissioner appointed in

accordance with the Act

(4)

Designated Officer: means the Chief Officer or an individual appointed by the

Chief Officer to manage and report on Protected Disclosures

made in accordance with this Policy and related procedures

(5)

Discloser:

means any Employee who chooses to file a Protected

Disclosure in accordance with the Policy

(6)

Employee:

means individuals who are engaged to work for the University

under an employment contract, including but not limited to

faculty, staff, exempt, casual and management employees

(7)

Policy:

means the Protected Disclosure (“Whistleblower”) policy

(8)

Protected

Disclosure:

means a written report of Wrongdoing made in good faith by an

Employee in accordance with the Act and this Policy and

related procedures

(9)

University:

means Mount Royal University

(10)

Wrongdoing:

Any activity or conduct engaged in by an Employee in or

relating to the University, as follows:

Procedure for Filing a Protected Disclosure – October 14, 2020

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•

engaging in, or counseling or directing someone to

engage in, the following: breaking the law through

contravening an Act or regulation

•

any act or omission that creates a substantial and

specific danger to the life, health or safety of individuals

or substantial and specific danger to the environment

•

gross mismanagement of public funds, a public asset,

or the delivery of a public service identified in the

regulations

•

gross mismanagement of employees through conduct

of a systemic nature that indicates a problem in an

organization’s culture relating to bullying, harassment

or intimidation.

Any other Wrongdoing as defined by the Act or related

regulations.

RELATED POLICIES

•

Protected Disclosure (“Whistleblower”) policy

RELATED LEGISLATION

•

Public Interest Disclosure (Whistleblower Protection) Act, SA, 2012, cP-39.

RELATED DOCUMENTS

•

Protected Disclosure Form

•

MRFA Collective Agreement

•

MRSA Collective Agreement

•

Terms & Conditions of Employment for Exempt Employees

•

Terms & Conditions of Employment for Postdoctoral Employees

•

Terms & Conditions of Employment for Research Assistants Employees

REVISION HISTORY

Date

(mm/dd/yyyy)

Description of

Change

Sections

Person who

Entered Revision

(Position Title)

Person who

Authorized

Revision

(Position Title)

04/01/2021

Editorial – Updated

Designated Officer

Template, 1.3.

Policy Specialist

President and Vice-

Chancellor

01/26/2022

Editorial

Policy Sponsor

Policy Advisor

General Counsel and

University Secretary

06/13/2024

Editorial

Designated Officer –

Office title

Policy Advisor

General Counsel and

University Secretary