Seneca College will conduct its operations and develop policies and practices consistent with By-Law No. 1, all legal statutes and professional requirements established by public policy and the Ontario Colleges of Applied Arts and Technology Act (2002) Regulation 34/03, the Minister’s Binding Policy Directives and the Not-for-Profit Corporations Act 2010 (when enforced).
Whistle Blowing as defined in this policy is the release or disclosure of information by an employee or student that is evidence of improper activity or a violation of law as defined above. Whistle blowing is not an individual concern, appeal, complaint, grievance, or issue associated with matters such as but not limited to: academic appeals, student or employee conduct harassment, discrimination, accessibility, copyright, intellectual property, individual health or safety, management or employee performance, provisions contained in collective agreements and/or legal statute.
Any member of the College community will have the right to invoke this Policy where there is an honest belief that the College or its members are engaged in serious misconduct, wrongdoing or illegal activity and there is no confidential internal policy or mechanism available to raise issues of a public concern that constitute: a criminal offence; negligent, improper or gross mismanagement of any College or public funds; a serious, wilful and flagrant breach of federal, provincial, or municipal statute or College policy, procedure or regulation; and/or a substantial and specific danger to the environment or public health and safety.
If any employee or student reasonably knows or has reason to believe that the College, or a member of the College, is engaged in activity covered by this policy, they may file, in confidence, a written complaint, report or disclosure with the Office of the President or, in the event of a conflict of interest, to the Chair of the Board of Governors.
The Office of the President and/or Board Chair shall receive, determine, investigate and resolve, where appropriate, all complaints/disclosures as defined by this policy. Anonymous allegations will only be acted upon if the evidence collected during the preliminary investigation indicates the disclosure can be properly investigated and is in the public interest. In the event an internal solution is not available and depending on the nature of the complaint/disclosure, the matter may be referred to the Minister’s office or other external agency commission, tribunal and/or legal process for resolution.
The College will not retaliate against any employee or student who in good faith makes a complaint/disclosure or raises a concern in accordance with this policy, or discloses information to an external agency/body against the College or any employee of the College on the basis of a reasonable and honest belief that the information is true and in the public interest.
An employee or student is protected from retaliation in accordance with this Whistle Blower Policy if the complaint/disclosure is made in good faith and is not knowingly false or materially inaccurate. If a person makes a complaint/disclosure under this policy in bad faith or knowingly provides false or materially inaccurate information, they shall be subject to disciplinary sanctions, including reprimand, suspension, demotion, expulsion or termination.