NORWICH FREE ACADEMY
RETALIATION AND WHISTLE BLOWING POLICY
Employees are encouraged to report suspected illegal activity to appropriate administrators. The Board of Trustees will not tolerate any form of reprisal, retaliation or discrimination against any employee, or applicant for employment, on the basis that he/she has:
• Opposed any practice that he/she reasonably believed to be made unlawful by any federal, state, or local law prohibiting employment discrimination on the basis of a protected category, including but not limited to sex, sexual orientation, race, color, national origin, ancestry, age, religion, marital status, physical or mental disability, or veteran status.
• Filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under federal, state, or local law prohibiting employment discrimination on the basis of sex, sexual orientation, race, color, national origin, ancestry, age, religion, marital status, physical or mental disability, or veteran status or because he/she reported a suspected violation of such laws according to this policy; or,
• Reported, or was about to report, a suspected violation of any federal, state or local law to a public body (unless the individual knew that the report was false) or was requested by any court or public agency to participate in an investigation, hearing or inquiry held by that court or public agency.
An employee or applicant for employment who believes that he/she has suffered reprisal, retaliation or discrimination in violation of this policy is strongly encouraged to report the incident(s) to the Superintendent/Head of School of The Norwich Free Academy or his/her designee. It is the policy of the Board of Trustees that no employee or applicant for employment who makes such a report shall suffer any form of reprisal, retaliation or discrimination for making the report. Individuals are forbidden from preventing or interfering with any good faith disclosures of misconduct.
In accordance with section 31-51m of the Connecticut General Statutes, the Board of Trustees or its agents will not discharge, discipline or otherwise penalize any employee because the employee or someone acting on the employee’s behalf reports, verbally or in writing, a violation or suspected violation of any state or federal law or regulation or any town/city ordinance or regulation to a public body, or because an employee is requested by a public body, as defined in the statute, to participate in an investigation, hearing or inquiry held by that public body, or a court action. Further, the Board of Trustees or its agents will not discharge, discipline or otherwise penalize any employee because the employee, or a person acting on his/her behalf, reports, verbally or in writing, to a public body concerning unethical practices, mismanagement or abuse of authority by the employer. This section does not apply when an employee knowingly makes a false report.
The Norwich Free Academy will exercise reasonable efforts to:
• Investigate any complaints of retaliation or interference made by any employee;
• Take immediate steps to stop any alleged retaliation; and
• Discipline any person associated with The Norwich Free Academy found to have prevented or interfered with any good faith report of an illegal practice, opposition to an illegal practice, or participation in any investigation or proceeding concerning an illegal practice.
The Board of Trustees considers any violation of this policy to be a major offense that will result in disciplinary action against the offender, regardless of the offender’s position within the District.
Legal Reference: Conn. Gen. Stat. 31-51m. Protection of employee who discloses employer’s illegal activities or unethical practices. Civil action.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-3(a) Age Discrimination in Employment Act, 29 U.S.C. 623(d) Americans with Disabilities Act, 42 U.S.C. 12203
Fair Labor Standards Act, 29 U.S.C. 215(a)(3) Occupational Safety and Health Act, 29 U.S.C. 660(c) Family and Medical Leave Act, 29 U.S.C. 2615 National Labor Relations Act, 29 U.S.C. 158(a)
Policy adopted: October 20, 2009