Student Handbook 2016

not compromise self-incrimination protections under state or federal law. Subjects have a right to consult with a person or persons of their choice. This may involve representation, including legal representation. Subjects have a responsibility not to interfere with the investigation and to adhere to admonitions from investigators in this regard. Evidence shall not be withheld, destroyed or tampered with, and witnesses shall not be influenced, coached or intimidated. Unless there are compelling reasons to the contrary, subjects should be given the opportunity to respond to material points of evidence contained in an investigation report. No allegation of wrongdoing against a subject shall be considered sustained unless at a minimum, a preponderance of the evidence supports the allegation. Subjects have a right to be informed of the outcome of the investigation. If allegations are not sustained; the subject should be consulted as to whether public disclosure of the investigation results would be in the best interest of the College and the subject. Any disciplinary or corrective action initiated against the subject as a result of an investigation pursuant to this policy shall adhere to the applicable faculty or staff conduct and disciplinary procedures. Confidentiality/Identity Protection Bluefield College understands that a whistleblower frequently intends to report a suspected irregularity in confidence. To the extent possible within the limitations of law and policy and the need to conduct a competent investigation, the identity of whistleblowers will be protected. Whistleblowers should understand, however, that their identity may become known for reasons outside of the control of the College. Similarly, the identity of the subject(s) of the investigation will be maintained in confidence with the same limitations. Also, the identities of other participants involved in the investigations will be protected. Should whistleblowers, subjects, or investigation participants self-disclose their identities, the College no longer will be obligated to maintain such confidence. No Recrimination or Retaliation Bluefield College will not recriminate or retaliate against an employee who, in good faith, has made a protest about, raised a complaint against, disclosed, or threatened to disclose some form of practice of the College or of another individual or entity with whom the College has or had a business relationship, on the basis of a reasonable belief that the practice is in violation of law or a clear mandate of public policy. Participants to investigations also are entitled to protection from recrimination and retaliation. An employee who retaliates against someone who has reported a suspected violation in good faith is subject to discipline up to and including termination of employment. Awhistleblower’s and participant’s right to protection from recrimination and retaliation does not extend immunity for any complicity in the matters that are the subject of the allegations or an ensuing investigation.

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