Associate – a person: who is related to a University employee by blood or adoption, or is or has been related to the employee by marriage or common-law marriage; or with whom a University employee has or has had in the previous five years a financial, intimate, other close or substantial professional relationship.

Day(s) - A day, other than a Saturday or Sunday, statutory holiday, or other day on which the University is not open for administrative business.

Discloser – a Member of the University who chooses to make a Protected Disclosure under this Policy and Procedures.

Frivolous - Devoid of merit.

Member of the University - Any person who teaches, conducts research, studies or works at or under the auspices of the University.

Protected Disclosure - Any disclosure made under this Policy and related procedures when one is acting in good faith, on the basis of a reasonable belief of Wrongdoing provided that the disclosure is not Frivolous or Vexatious.

PDC – Protected Disclosure Coordinator. The individual appointed under this Policy and related procedures to receive and report on Protected Disclosures made in accordance with this Policy.

Respondent(s) –the subject or subjects of a report of alleged Wrongdoing under this Policy.

Retaliation - any threat of reprisal, attempt to intimidate or adverse behaviour or action, taken against a Member of the University in response to that initial person having:

• invoked this Policy;
• participated or cooperated in any investigation under this Policy; or
• been associated with a Member of the University who has invoked this Policy or participated in any of its processes.

Unit Head – Deans, Department Heads, Division Heads, Heads of Schools, Directors, Executive Directors, University Librarian, University Registrar and other senior administrators at a comparable level; Associate Vice-Presidents, Vice-Presidents, and the President, as applicable.

University - Memorial University of Newfoundland

1.0 Responsibilities and Duties

Memorial Universality maintains high ethical standards and a culture of accountability.

1.1 All Members of the University have an obligation to conduct University-related Activities in accordance with the University’s statement of Core Values, which includes integrity and accountability, applicable codes of conduct, the University’s policies and procedures, and applicable municipal, provincial, and federal laws and regulations. As part of this obligation, and to protect the University and individuals from Wrongdoing, Members of the University are encouraged to report conduct that they reasonably believe to be Wrongdoing and which they observe or encounter in the context of University-related activities.

1.2 Units Heads are responsible for fostering an environment of transparency and accountability within their respective units. Nothing in this policy relieves Unit Heads from the responsibility of addressing situations of improper conduct in accordance with existing University policies, procedures, and guidelines. Unit Heads should ensure that all Members of their units are aware of their rights and protections under this policy and provide the necessary support to Disclosures if named.

1.3 The Protected Disclosure Coordinator (PDC) is responsible for managing Protected Disclosures, including receiving, reviewing, determining admissibility, investigating or overseeing investigations into Protected Disclosures, and providing recommendations about the Disclosure and the Wrongdoing. The PDC shall ensure compliance with procedures, safeguard confidentiality, and uphold the integrity of the process.

1.4 The PDC shall consult General Counsel for legal guidance and advice on any matters related to this policy and its procedures, as necessary. This may include determining appropriate processes to address reports of Wrongdoing, identifying who should conduct investigations, confidentiality limits, ensuring compliance with relevant laws and regulations, and providing advice on any potential legal actions resulting from investigation findings.

2.0 Protected Disclosure

2.1 Reports of improper conduct at the University must be made in good faith and submitted to the appropriate authority. The Guide for Reporting Mechanisms of Unethical Behavior and Improper Conduct provides direction on determining the appropriate authority for different issues. In cases where no established process exists, reporting to the appropriate authority is deemed inappropriate, or anonymity within the University is essential, any Member of the University who has information regarding a suspected Wrongdoing is encouraged to make a Protected Disclosure in accordance with the Procedure for Filing a Protected Disclosure. The Protected Disclosure shall be made within twelve (12) months of discovering or observing the Wrongdoing.

2.2 The University will consider all reports of alleged Wrongdoing in accordance with the Procedure for Investigation of Alleged Wrongdoing. If an investigation is deemed necessary, it will be conducted promptly, impartially, and with due diligence with respect and fair treatment of all parties involved.

2.3 Members of the University shall cooperate fully with investigations into reported Wrongdoing. This includes responding promptly to requests for information, participating in interviews or meetings as necessary, and refraining from any actions that could obstruct or impede the investigation process.

2.4 The University shall ensure the rights to procedural fairness and natural justice of the investigation procedures for those against whom allegations of Wrongdoing have been made.

2.5 Conduct in the workplace involving disruptive, threatening, or violent behaviour where a Member of the University's personal safety and security may be in danger must be reported immediately to an appropriate party, campus enforcement or security officials on the respective campus or to legal authorities for the situation.

3.0 Confidentiality

3.1 All persons involved in any process related to this policy are required to maintain confidentiality. Confidential matters are handled in accordance with the Access to Information and Protection of Privacy Act, 2015, SNL 2015, C A-1.2 (ATIPPA), other privacy legislation to which the University is subject, and University policies.