RRC Polytech has issued Policy P2 directing the President and Chief Executive Officer to develop the following procedures and the Vice President Finance and Administration to administer and oversee these Procedures as the College’s Designated Officer.
RRC Polytech is committed to compliance with the Public Interest Disclosures Act and recognizes that employees are often in the best position to recognize Wrongdoing as defined in PIDA. These procedures establish the ways that employees can make Disclosures and how such Disclosures will be addressed by the College.
These Procedures are not intended to replace policies and procedures already in place to address issues other than Wrongdoing under PIDA or to replace or modify individual rights guaranteed by law, contract or codes of professional ethics.
All employees are encouraged to use their typical reporting relationships, or other available avenues of communication regarding concerns other than violations of PIDA, such as speaking to managers, union representatives, or human resources consultants.
These Procedures do not apply to matters relating to employee performance or discipline related to performance, which are covered by collective agreements or performance management practices.
PIDA – The Public Interest Disclosure (Whistleblower Protection) Act (“PIDA”).
Designated Officer – the Act requires every chief executive to designate a senior official to be the Designated Officer for the purpose of this Act, to receive and deal with disclosures by employees. The Designated Officer at RRC Polytech is the Vice President – Finance and Administration.
Person – An employee or a student who makes a disclosure.
Reprisal – Reprisal is any of the following measures taken against a Person, or any third party, because of having, in good faith, sought advice about making a disclosure, made a disclosure, or co-operated in an investigation:
Wrongdoing – The Act defines Wrongdoing in or relating to the public service as:
This Policy is not intended to apply to other types of disclosures, and is not intended as a dispute resolution mechanism to replace grievances, appeal hearings, and other administrative processes.
For greater certainty, “Wrongdoing” does not include a disagreement about legitimate policy decisions, business decisions, or administrative actions, over which reasonable people may disagree. The policy is not intended to be used to object to or challenge such decisions or actions. This policy also not apply to matters relating to employee performance or discipline related to performance, which are covered by collective agreements or performance management practices. This Policy is not intended to address concerns about bullying, harassment or discrimination which are investigated by College under collective agreements or the Respectful Workplace and Learning Environment Policy.
A disclosure of Wrongdoing must be made in writing by completing the pdf form or web form and submitting it either electronically or in hard copy to the College’s Designated Officer. Disclosures must include the following information, where known:
Anonymous disclosures are more difficult to investigate, but will be assessed and pursued where possible in accordance with this Procedure.
The written disclosure can be made to any of:
Disclosures shall normally be made within thirty (30) working days of the Disclosing Party becoming aware of the circumstances. Disclosures must be made as soon as possible for evidentiary reasons.
Upon receipt, each disclosure will be marked to show the date of receipt.
Each disclosure must be maintained in a separate file.
Disclosure files will be treated as strictly confidential, maintained in a secure manner and location, and protected from unauthorized access.
All written information obtained as a result of the receipt of the disclosure, review of the disclosure, or the investigation of the alleged Wrongdoing must be included in the disclosure file. All pertinent information obtained verbally must be documented in writing in the disclosure file and dated and signed by the person receiving the information.
Care must be taken at all times to protect the identity of the Disclosing Party, any witnesses, and the alleged wrongdoer. Information collected during the disclosure process, including the identity of persons involved, must be kept confidential to the fullest extent possible. Should it become necessary for the Designated Officer to disclose an individual’s identity to test the credibility of any allegation, the individuals involved shall be informed.
Investigations must be managed by the Designated Officer, with appropriate assistance as required.
Investigations will be conducted promptly and in a confidential manner, with due regard for the protection of the identity of all individuals involved.
The investigation will adhere to all principles of procedural fairness and natural justice. In particular, the investigation shall be conducted as follows:
The Designated Officer may conduct the investigation they deem fit, having regard to the nature of the particular disclosure and the seriousness of the issues involved. Investigations may include, but are not limited to, the following:
The Designated Officer will document the outcome of the investigation in the disclosure file. If the investigation results in a finding of Wrongdoing, the disclosure file will include any recommendations of corrective actions to be taken. If the investigation results in a finding that no Wrongdoing has occurred, the file will include reasons why no corrective action was recommended or taken.
An employee who commits a Wrongdoing is subject to appropriate disciplinary action.
The Designated Officer will inform the disclosing Person, the alleged wrongdoer and the College President/Chief Executive Officer of the outcome of an investigation within 60 days. The Designated Officer must include a note in the disclosure file, signed and dated, confirming this communication has occurred.
If, after submitting a disclosure, the disclosing Person wishes to withdraw the disclosure, the Designated Officer must request that the disclosing Person withdraw the disclosure in writing. Upon receipt of the withdrawal notice, the Designated Officer may conclude the investigation or review the disclosed concern. Even where a Person indicates that he or she wishes to withdraw a Disclosure (including for fear of Reprisal or being identified), the Designated Officer may determine that the issue is important enough that an investigation must continue.
In the event that a disclosure is withdrawn, the Designated Officer must determine whether any action regarding the subject matter of the disclosure needs to be taken. This action is independent of the disclosure process, and is to be determined on a case-by-case basis.
There will be no Reprisal against a Person or any third party if the Person or third party has, in good faith:
If a Person or third party believes that there has been a reprisal due to his disclosure of Wrongdoing, they may seek redress by filing a written complaint with the office of the Manitoba Ombudsman.
If a disclosure is deemed to have been frivolous, malicious or made in bad faith, a Person may be subject to disciplinary action.
In accordance with paragraph 5 of the Policy, the College will report annually on the Disclosures made at the College. The report will include the following information:
RRC Polytech campuses are located on the lands of Anishinaabe, Ininiwak, Anishininew, Dakota, and Dené, and the National Homeland of the Red River Métis.
We recognize and honour Treaty 3 Territory Shoal Lake 40 First Nation, the source of Winnipeg’s clean drinking water. In addition, we acknowledge Treaty Territories which provide us with access to electricity we use in both our personal and professional lives.