Protected Disclosure (“Whistleblower”) Policy – October 14, 2020

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PROTECTED DISCLOSURE (“WHISTLEBLOWER”)

POLICY

Policy Type:

Management

Initially

Approved:

February 10,

2014

Policy Sponsor:

General Counsel

and University

Secretary

Last

Revised:

April 1, 2021

Primary Contact:

General Counsel

and University

Secretary

Review

Scheduled:

October 14,

2025

Approver:

Board of Governors

OVERVIEW

Mount Royal University is committed to the highest standards of honesty, conduct and integrity in

all its activities. The University requires all Employees to act honestly and with integrity and to

safeguard the public resources for which they are responsible.

PURPOSE

The purpose of this Policy is to:

•

demonstrate the University's compliance with the Public Interest Disclosure (Whistleblower

Protection) Act, SA, 2012, cP-39 and regulations;

•

clearly state the University's position with respect to significant and serious matters in

relation to the University that an Employee believes may be unlawful, dangerous to

individuals or injurious to the public interest, including Wrongdoings and Wrongdoings

committed for the benefit of the University;

•

ensure reporting mechanisms are convenient, secure, and accessible to Employees;

•

ensure protection to those who report suspected Wrongdoing; and

•

outline consequences for Wrongdoings.

SCOPE

This Policy applies to Employees who make Protected Disclosures covered under the Act.

This Policy does not replace other University policies and procedures that allow Employees to

report allegations, nor does it alter any responsibilities prescribed under existing policies. If the

Designated Officer determines that an allegation does not meet the definition of Wrongdoing within

this Policy, the Employee will be referred in writing to an appropriate university process to address

the allegation.

Allegations made through other policies may become a Protected Disclosure and will be addressed

under this Policy if an Employee chooses to file a Protected Disclosure and the Designated Officer

determines the allegation meets the definition of Wrongdoing within this Policy.

Protected Disclosure (“Whistleblower”) Policy – October 14, 2020

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POLICY STATEMENT

GENERAL

1.1

Employees have an obligation to conduct University-related activities ethically and

in accordance with the University’s applicable collective agreements, terms and

conditions of employment and University policies and procedures.

1.2

Wrongdoing, including Wrongdoing that benefits the University, is strictly forbidden

and will not be tolerated. Employees who commit a Wrongdoing will be subject to

disciplinary action, up to and including termination, and, if appropriate, criminal

prosecution or civil action.

1.3

The Chief Officer will ensure that the University’s framework for addressing

Protected Disclosures follows all applicable legislation, is appropriately

communicated to the University community, and may delegate to a Designated

Officer the responsibility for managing and investigating Protected Disclosures under

this Policy and related procedures. If no designation is made, the Chief Officer is

considered the Designated Officer for the purposes of this Policy and related

procedures.

1.4

Any Employee who believes that a Wrongdoing has been or is being committed is

expected to make a Protected Disclosure in accordance with the Procedure for

Filing a Protected Disclosure.

1.5

All Protected Disclosures that the Designated Officer determines fall within the scope

of this Policy will be investigated in accordance with the Procedure for

Investigating a Protected Disclosure.

2. ANONYMOUS AND NON-EMPLOYEE CONCERNS

2.1

An Employee may make an allegation of Wrongdoing anonymously through

Confidence Line; however, they should be aware that doing so limits the ability of the

University to respond and investigate. An Employee who wishes to remain

anonymous may also make an allegation of Wrongdoing directly to the

Commissioner.

2.2

If the Designated Officer receives an allegation of Wrongdoing that has been made

anonymously or by an individual who is not an Employee, the Designated Officer

may, as the Designated Officer considers appropriate, and subject to the Act and its

regulations:

a. investigate and report the allegation of Wrongdoing in the same manner as a

Protected Disclosure;

b. while maintaining the anonymity of the individual, forward the allegation to the

appropriate area for further evaluation; or

c. conclude that no investigation is warranted.

REPRISAL

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3.1

An Employee who has sought advice on making a Protected Disclosure or who has

made a Protected Disclosure in good faith is protected from Reprisal of any kind.

Any Employee who has cooperated in an investigation or who has declined to

participate in a Wrongdoing is also protected from Reprisal of any kind.

3.2

If an Employee believes they have experienced a Reprisal, or an attempt at Reprisal,

of any kind, they may file a complaint directly to the Commissioner. The University

does not have jurisdiction to address allegations of Reprisals because of a Protected

Disclosure.

3.3

Any Employee whose actions constitute a Reprisal, or an attempt at Reprisal, of any

kind against an Employee who has made a Protected Disclosure will be subject to

disciplinary action up to and including termination of employment.

CONFIDENTIALITY

4.1

The identity of an Employee who makes a Protected Disclosure, the Employee

alleged to have committed Wrongdoing, and any witnesses who participate in

investigations, may only be revealed:

a. to the Designated Officer;

b. to the Chief Officer;

c. to the Commissioner;

d. to individuals engaged by the Designated Officer to assist with managing or

conducting an investigation;

e. to other persons when required by law;

f. when disclosing the identity of the Discloser is absolutely necessary to ensure

the right to procedural fairness and natural justice is respected.

4.2

The Designated Officer will inform the Employee who made the Protected

Disclosure, the Employee alleged to have committed wrongdoing, or witnesses who

participated in the investigation of the intent to reveal their identity prior to doing so.

In the event of a dispute regarding the release of the identity of anyone relating to a

Protected Disclosure, the Designated Officer will seek advice from the

Commissioner.

4.3

All Employees involved in any process related to this Policy are required to maintain

confidentiality. An Employee who has purposely breached the confidentiality of any

aspect of a Protected Disclosure may be subject to disciplinary action up to and

including termination of employment.

RECORDS

5.1

The Designated Officer is the sole custodian of records created from the filing or

investigation of a Protected Disclosure and will manage those records in accordance

with the University’s Records Retention Schedule and all applicable privacy

legislation.

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5.2

Individuals making requests for information do not have a right of access under the

Freedom of Information and Protection of Privacy Act to information that would reveal

the identity of a person who has requested advice about making a Protected

Disclosure, made a Protected Disclosure or whose complaint has been referred to

the Labour Relations Board pursuant to the Act. However, if that information can

reasonably be severed from a record, individuals who make requests under FOIP

have a right of access to the remainder of the record.

ANNUAL REPORTING

6.1

The Chief Officer will provide an annual report to the Board of Governors of Protected

Disclosures. The report must include:

a. the number of reports filed by Employees;

b. the number of reports investigated;

c. the findings of investigations conducted pursuant to a report; and

d. any action taken pursuant to an investigation or if actions were not taken based

on a recommendation, the reasons why no actions were taken.

6.2

The Chief Officer will not identify an Employee who requested advice or made a

Protected Disclosure, any Employee who participated in an investigation, or disclose

individually identifying health information within the annual report.

6.3

A summary of the report will be included in the University’s annual report.

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

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(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)

Reprisal:

means measures taken or directed against an employee, which

may include dismissal, layoff, suspension, demotion or transfer,

discontinuation or elimination of a job, change of job location,

reduction in wages, change in hours of work, reprimand, or any

other measure that adversely affects the employee's

employment or working conditions, because the employee has,

in good faith, sought advice about making a Disclosure, made

a Disclosure, cooperated in an investigation under the Act,

declined to participate in a Wrongdoing, or done anything in

accordance with the Act.

(10)

University:

means Mount Royal University

(11)

Wrongdoing:

Any activity or conduct engaged in by an Employee in or

relating to the University, as follows:

•

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

•

Code of Conduct – Employees policy

•

Integrity in Research and Scholarship policy

RELATED LEGISLATION

•

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

RELATED DOCUMENTS

Protected Disclosure (“Whistleblower”) Policy – October 14, 2020

Page 6 of 6

•

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)

10/14/2020

Comprehensive

Revision, Title

Change

All Sections –

including title

change

Board of Governors

04/01/2021

Editorial

Template

Policy Specialist

President and Vice-

Chancellor

01/26/2022

Editorial

Policy Sponsor

Policy Advisor

General Counsel and

University Secretary