Protection for Reporting Improper Government Activities

Statement of policy.

It is the policy of the State of North Carolina that employees shall be encouraged to report to their supervisor, department head, or other appropriate authority evidence of activity by a State agency or State employee constituting:

(1) A violation of State or federal law, rule or regulation;

(2) Fraud;

(3) Misappropriation of State resources;

(4) Substantial and specific danger to the public health and safety; or

(5) Gross mismanagement, a gross waste of monies, or gross abuse of authority.

Further, it is the policy of the State of North Carolina that employees be free of intimidation or harassment when reporting to public bodies about matters of public concern, including offering testimony to or testifying before appropriate legislative panels.

Protection from retaliation.

(a) No UNC-Chapel Hill employee exercising direct or indirect supervisory authority may discharge, threaten or otherwise discriminate against another UNC-Chapel Hill employee regarding his/her compensation, terms, conditions, location, or privileges of employment because that employee, or a person acting on behalf of the employee, reports or is about to report any activity described in the Statement of policy, unless the State employee knows or has reason to believe that the report is inaccurate.

(1) No UNC-Chapel Hill employee may retaliate against another UNC-Chapel Hill employee because the employee, or a person acting on behalf of the employee, reports or is about to report any activity described in the Statement of policy.

(b) No UNC-Chapel Hill employee exercising direct or indirect supervisory authority may discharge, threaten or otherwise discriminate against another UNC-Chapel Hill employee regarding his/her compensation, terms, conditions, location, or privileges of employment because that employee has refused to carry out a directive which in fact constitutes a violation of State or federal law, rule, or regulation or poses a substantial and specific danger to the public health and safety.

(1) No UNC-Chapel Hill employee may retaliate against another UNC-Chapel Hill employee because the employee has refused to carry out a directive which may constitute a violation of State or federal law, rule or regulation, or poses a substantial and specific danger to the public health and safety.

(c) The protections of this Policy include any UNC-Chapel Hill employee who reports any activity described in the Statement of policy to the State Auditor as authorized by North Carolina law.

Civil actions for injunctive relief or other remedies.

Any UNC-Chapel Hill employee injured by a violation of the protection from retaliation may maintain an action in superior court for damages, an injunction, or other remedies provided by applicable North Carolina law against the person or agency who committed the violation within one year after the occurrence of the alleged violation of this protection.

Notice of employee protections and obligations.

The University of North Carolina at Chapel Hill is posting this notice in accordance with State law in order to keep employees informed of their protections and obligations under State law.

 

4/19/01

This Policy is maintained by the Office of the Vice Chancellor and General Counsel