Policy on Non-Retaliation
Policy Category: Executive
Effective Date: 7/31/2024
Responsible Officer: Human Resources for Employees; Dean of Students for Students; Equity and Compliance for harassment and discrimination
History: New policy
Responsible Office: The Office of the General Counsel
Location: Link
Purpose
This policy is intended to provide guidance to Wentworth Institute of Technology (henceforth known as “the university” or “Wentworth”) regarding retaliatory behavior against those who make good faith reports of possible violations of laws, regulations, or university policies or who participate in a resolution process.
Scope/Applicability
This policy applies to all members of the Wentworth community, students, faculty, staff, and affiliates.
Legal
If Applicable
Policy
Wentworth prohibits retaliation against anyone who, in good faith, submits a complaint, a report, or an inquiry of a violation of a university policy, participates in the university’s complaint resolution process, or alleges improper or wrongful activity.
Anyone found to take retaliatory action covered under this policy will be subject to disciplinary action, up to and including termination of employment or contractual services to the University.
Additionally, no employee shall be disciplined when they refuse to follow a directive which constitutes fraud or violates local, state, federal or other applicable laws and regulations.
This policy is separate from the protections afforded under the Whistleblower policy.
Definitions
Complaint: A good faith report made to a individual or office with authority to respond on behalf of the institution. These include, but are not limited to a supervisor, Wentworth University Police Department, Human Resources, Office of General Counsel, Office of Institutional Equity and Compliance, the Dean of Students, and/or EthicsPoint (via Office of General Counsel for anonymous reports)
Good Faith Report: A report or complaint based on reasonable belief that there is a violation of a university policy, law, incident of non-compliance, or retaliation for participating in a university complaint process
Participation in University Complaint Process: Includes those who file a report/complaint, investigates a complaint or concern, serves as a witness or provide background about the complaint or concern, or who makes decisions or recommendations about sanctions in any of the university’s complaint resolution procedures
Retaliation: Any adverse action or inaction, related to a person’s participation in a protected activity, where such action would reasonably impact a person’s ability to participate in a university program or activity. Protected activities include, but are not limited to reporting allegations of discrimination, harassment, sexual misconduct, or any Wentworth policy; participating in an investigation, hearing, or proceeding related to such a report; supporting or assisting others in exercising their rights under any university policy.
Adverse actions include, but are not limited to:
- Threats, intimidation, or coercion;
- Harassment or discrimination;
- Negative changes in academic, employment, or other status.
- Examples include, but are not limited to: termination, demotion, reduction in pay, adverse change in schedule or work location, unwarranted negative reference, exclusion from work-related opportunities, conferences, research or other activities, unwarranted grade changes, or removal from a team, organization or other university-affiliated activities.
- Exclusion from campus activities or opportunities;
- Any other adverse treatment that could reasonably be determined to deter individuals from engaging in protected activities
Procedures
Reporting
Employees are encouraged to file good faith reports to their supervisor, Human Resources, and/or the Office of Institutional Equity.
Students are encouraged to file good faith reports with the Dean of Students and/or the Office of Institutional Equity
Anonymous Reports: Submit to EthicsPoint
Complaints made outside of these offices will not constitute as an initiation of a complaint
Reports involving retaliation will be referred to the appropriate offices for additional follow-up as outlined below
Resolution Process
Reports of retaliation involving a faculty or staff member will be referred to Human Resources and adjudicated in accordance with the procedures outlined in the Employee Handbook and/or applicable Collective Bargaining Agreements.
Reports of retaliation involving students will be referred to the Office of Student Conduct and Restorative Practices and adjudicated in accordance with the Student Code of Conduct.
The resolution process for incidents involving students and staff will be determined on a case-by-case basis.
For complaints involving other policies, a case-by-case determination will be made regarding the grievance procedures which will be used in resolving the complaints
Sanctions
Employee sanctions may include, but are not limited to suspension without pay, or termination of employment or association with the University, in accordance with applicable disciplinary procedures, including those outlined in the Employee Policies and Procedures Guide and applicable Collective Bargaining Agreements.
Student sanctions may include but are not limited to those outlined in the Student Code of Conduct.
Exclusion
Interim measures taken to address reports and complaint of university policies are not forms of retaliation
Grade disputes, without additional information supporting an allegation of retaliation, will be addressed under the Academic Grievance Policy
Additional Information & Related Documents
Conflict of Interest
Interpretation & Revision
Any questions of interpretation regarding this policy shall be referred to the Office of the General Counsel. They will be the final authority regarding the interpretation of this policy.
This policy shall be reviewed every three years; however, minor changes and updates can be made at any time.
Wentworth will typically apply the policy in place at the time it receives a report concerning the respected policy.
Review and Revision History
This policy was drafted by representatives from the Offices of Human Resources, Student Affairs, and the Division of Diversity, Equity, and Inclusion. This policy was reviewed by Cabinet and approved by the President on 7/31/2024.