P6 – Disclosure, Consequences and Responsibilities
Originator: Vice President – Finance and Administration
Approver: President’s Council
Effective: April 21, 2015
Replaces: May, 2010
This document outlines procedures to disclose Conflict of Interest, Conflict of Commitment and Unethical Behaviour. It details the consequences of breaching the Principles of Conduct suite of policy and summarizes the responsibilities of each individual of the College community. Policy P2 – Public Interest Disclosure outlines procedures unique to that policy. A flowchart outlining the procedures of Policy P6 has been attached as Appendix A.
Disclosure – A declaration of Conflict of Interest, Conflict of Commitment, or Unethical Behaviour. A Disclosure may be made by the individual, an observer, or any other third party.
Disclosure at Time of Employment
All employees will be made aware of the Principles of Conduct policies upon initial appointment, including those occasions where an appointment is the result of a promotion or transfer to another position.
Where a successful candidate makes a Disclosure, the Human Resource Consultant will seek the advice of the Vice President, Human Resource Services & Sustainability to take steps to resolve the situation with the incumbent prior to final confirmation of the employment offer.
Disclosure During Employment
All Disclosures will be made in writing to the Vice President, Human Resource Services & Sustainability.
he Vice President, Human Resource Services & Sustainability will be responsible for the administration of Disclosures.
A Disclosure should include the following information:
- A description of the Disclosure;
- The name of the person(s) involved; and
- The date of the incident.
Disclosures will be treated as confidential, maintained in a secure manner, and protected from unauthorized access. To the extent possible, the identity of the disclosing employee and any witnesses will be protected.
Investigations of Disclosures
Disclosures will be reviewed promptly by the Vice President, Human Resource Services & Sustainability, who will determine if an investigation is required.
The Vice President, Human Resource Services & Sustainability will assign responsibility for investigation of Disclosures to appropriate individuals.
Investigations will be conducted promptly and in a confidential manner with due regard for the protection of the identity of all persons involved. The investigation will adhere to all principles of procedural fairness and natural justice.
A written report of the investigation will be provided to the Vice President, Human Resource Services & Sustainability.
If the investigation results in the finding that a breach of policy has not occurred, the Vice President, Human Resource Services & Sustainability will include a record of the investigation and reasons for the finding in a confidential manner.
If the investigation results in a finding that a breach of policy has occurred, the Vice President, Human Resource Services & Sustainability will include a record of the investigation, reasons for the finding, and a recommendation for corrective action that will be handled and stored in a confidential manner.
The Vice President, Human Resource Services & Sustainability will provide the findings of an investigation to the appropriate Vice President(s).
Disclosures Concerning the President
Notwithstanding anything else in this or any other policy, disclosures concerning the President and Chief Executive Officer of Red River College will be made to Chairperson of the College’s Board of Governors or designate, and shall be reviewed in accordance with policies and procedures adopted by the Board of Governors from time to time.
Where there is a finding that a breach of policy has occurred, an employee may be required to perform the following corrective actions:
- discontinue the activity in breach of policy; and/or
- provide continuing information regarding the situation for monitoring
If an employee does not comply with corrective action, sanctions may be imposed.
Employees found in breach of policy may be subject to disciplinary action up to and including dismissal.
Depending on the circumstances, employees may face civil action and/or criminal prosecution.
Discipline may be appealed under the provisions of the Collective Agreement or the Terms and Conditions of Employment for Staff Excluded from the Bargaining Unit.
The Vice President, Human Resource Services & Sustainability has the responsibility to receive, review and provide advice on Disclosures and any subsequent investigation. In addition, the Vice President, Human Resource Services & Sustainability will determine if a breach of policy has occurred.
The Director – Human Resource Services has the responsibility to take corrective action, with reliance on the recommendations of the Vice President, Human Resource Services & Sustainability and in consultation with the employee’s supervisor.
Human Resource Consultants have the responsibility to ensure persons appointed to positions at the College are given the Principles of Conduct Policies and complete a Conflict of Interest Disclosure form. Where there is a Disclosure, the Human Resource Officer will seek the advice of the Vice President, Human Resource Services & Sustainability to take steps to resolve the situation with the incumbent prior to final confirmation of the employment offer.
Supervisors have the responsibility to ensure their staff is familiar with College policy. Supervisors will participate with the Director – Human Resource Services in implementing corrective action.
Candidates for Employment are responsible for Disclosure prior to confirmation of their employment.
All College Employees are responsible to abide by the requirements and intent of the Principles of Conduct policies.
Related Policies and Documents
Red River College People Plan ©Deloitte and Touche LLP
Red River College Statement of Values
A10 – Intellectual Property and Copyright
M4 – Use of College Equipment and Property
IT1 – Acceptable Use of Information Technology Resources
IT2 – Security of Information Technology Resources
P1 – Principles of Conduct Statement
P2 – Public Interest Disclosure, Whistleblower Protection
P3 – Conflict of Interest
P4 – Conflict of Commitment
P5 – Ethical Behaviour
S3 – Student Appeals
Collective Agreement between the Manitoba Government Employees’ Union and Red River College
Terms and Conditions of Employment for Staff Excluded from the Bargaining Unit