Safe Disclosure Procedures

Responsibilities

1.  The President has ultimate responsibility for administering this Policy, including ensuring that training is available for all employees about PIDA, this Policy and Procedures. The President assigns the roles of the Designated Officer(s). The President may delegate their authority to other senior officials in the College.


2. The Designated Officer(s) is responsible for exercising the responsibilities assigned to them by the President under this Policy and Procedures.


3. All employees are responsible for acting with honesty, integrity and accountability and complying with applicable law and policy in their work and dealings with others at the College.


4. Employees must not engage in any Reprisal against a person who has, in good faith, requested advice about making a Disclosure, has made a Disclosure or complaint about Reprisal, or has cooperated with an investigation.


5. Anyone using this policy must make Disclosures in good faith based on a reasonable belief that Wrongdoing has or is about to occur.

Designated Officers

6. If the Report is a financial Disclosure, the Designated Officer will be the Executive Director of Finance and Chief Financial Officer, or delegate.


7. If the Report is a non-financial Disclosure, the Designated Officer will be the Vice President, People Services, or delegate.


8. The Privacy Officer will manage the safedisclosure@vcc.ca mailbox and respond to requests for advice and complaints about Reprisals. They will refer any Disclosures to the appropriate Designated Officer. A Designated Officer may delegate an investigation into a Disclosure or Reprisal to the Privacy Officer, at which point the Privacy Officer becomes the Designated Officer.


9. If the Disclosure implicates an Executive Director, Associate Vice President, or Vice President, the President and Chief Executive Officer, or their designate, will be the Designated Officer.


10. If the Disclosure implicates the President and Chief Executive Officer the Chair of the Board of Governors is the Designated Officer.


11. If the Disclosure implicates a Board Member or the Chair of the Board of Governors the investigation will be conducted by an external body.


12. A Designated Officer may refer an investigation to an external body at any time.

How to Request Advice

13. Individuals are encouraged to seek advice if they need information about the process for making a Disclosure or making a complaint about a Reprisal. An individual may request advice from:
    
    
    
    1. the employee's union representative or faculty association representative as applicable;
    
    
    2. a lawyer;
    
    
    3. the Privacy Officer through safedisclosure@vcc.ca;
    
    
    4. the Designated Officer(s);
    
    
    5. the BC Ombudsperson; or
    
    
    6. the College's approved third party reporting channel, ConfidenceLine. 
    
    
    
    


14. Individuals who request advice about making a Disclosure are protected from Reprisal regardless of whether they make a Disclosure.


15. A Designated Officer must review and respond to a request for advice with appropriate assistance and consultation. A Designated Officer who receives a request for advice shall respond in writing and where practicable, within 25 business days of receiving the request.


16. A Designated Officer may determine an investigation should be conducted based on the information provided to them during the request for Advice depending on the seriousness of the allegation, regardless of whether the individual elects to make a formal Disclosure.

How to Make a Disclosure

17. An individual who in good faith reasonably believes that a Wrongdoing has been committed or is about to be committed can make a Disclosure to the following:
    
    
    
    1. the Privacy Officer through safedisclosure@vcc.ca; or
    
    
    2. the appropriate Designated Officer.
    
    
    3. the College's approved third-party reporting channel, ConfidenceLine. 
    
    
    
    


18. Disclosures should be made in a timely fashion and in most cases should be made within one year of the Wrongdoing being committed, or as soon as is practicable upon the discovery of Wrongdoing.


19. Disclosures must be in writing and include:
    
    
    
    1. A description of the Wrongdoing;
    
    
    2. The name of the person(s) alleged to have committed the Wrongdoing, or to be about to commit the Wrongdoing;
    
    
    3. The date or expected date of the Wrongdoing;
    
    
    4. Whether information or conduct that is being reported relates to an obligation under a statute, and if so, the name of that statute; and
    
    
    5. Whether the Wrongdoing has already been reported, and if so, the name of the person to whom it was reported and the response, if any, that the Discloser received.
    
    
    
    


20. Reports made to ConfidenceLine should be in accordance with their requirements and guidelines.


21. Individuals may make an anonymous Disclosure or make an anonymous complaint about a Reprisal. Individuals must notify the Designated Officer of their wish to remain anonymous.


22. Designated Officers will make all reasonable attempts to communicate information about the situation to all relevant parties, including individuals considering anonymous disclosures. Individuals considering anonymous Disclosures should be aware that the Designated Officer may be unable to seek clarification or further information from them, which may impact a response to the request or investigation into the Disclosure. Similarly, an anonymous Discloser may not be able to be notified about an investigation or its outcomes.

How to Make a Public Disclosure about an Urgent Risk

22. Individuals are permitted under PIDA to make public Disclosures under limited circumstances. Individuals making public Disclosures must meet the following conditions:
    
    
    
    1. the individual reasonably believes that there is a matter that constitutes an imminent risk of a substantial and specific danger to the life, health or safety of persons or to the environment;
    
    
    2. the individual has consulted with the relevant Protection Official (public health official, Emergency Management BC, or police) before making the Disclosure;
    
    
    3. the individual has received direction from that Protection Official and is following it, including if the Protection Official directs the individual to not make a public Disclosure;
    
    
    4. the individual does not Disclose or share anyone's personal information except as necessary to address the urgent risk; and
    
    
    5. the individual does not Disclose any information that is privileged or subject to a restriction on Disclosure under PIDA or another enactment of British Columbia or Canada, including solicitor-client privilege, litigation privilege or another ground of common law privilege, or public interest immunity.
    
    
    
    


23. Employees are expected to obtain appropriate advice if they are uncertain about what information may be Disclosed as part of a public Disclosure.


24. If the direction from the Protection Official is that the individual should not make a public Disclosure, the individual must not make the Disclosure to the public.


25. An employee who makes a public Disclosure must, immediately following the public Disclosure, notify the Designated Officer about the public Disclosure, and submit a Disclosure in accordance with the Procedures outlined in sections 16-18.


26. If the individual does not wish to make a public Disclosure or is directed by the Protection Official not to do so, the individual is nevertheless expected to report their concerns without delay in accordance with this Policy.

Receiving and Reviewing Disclosures

27. Upon receiving a Disclosure, the Privacy Officer or Designated Officer must note the date of receipt of the Disclosure and follow the process established for receiving Disclosures.


28. The Designated Officer will conduct a preliminary review of the Disclosure and decide within ten business days whether an investigation is required, and the form of the investigation.


29. The Designated Officer may communicate with and request information from the Discloser in order to make this determination.


30. The Designated Officer must assess each Disclosure received for the risk of Reprisal against the Discloser, regardless of whether the Disclosure will be investigated, and if risk is identified, ensure there is a plan in place to mitigate that risk.


31. If the Designated Officer reasonably believes that there is an urgent risk arising from the information provided in a Disclosure, they may report the matter to an appropriate Protection Official.

Where an Investigation is Not Warranted

32. The Designated Officer may elect not to proceed with an investigation or may stop an investigation at any time if the Designated Officer reasonably believes:
    
    
    
    1. The Disclosure was made by an individual outside the scope of this policy;
    
    
    2. The allegations, if proven, do not constitute Wrongdoing;
    
    
    3. The Disclosure relates primarily to:
       
       
       
       1. A dispute between the employee and the College about their employment;
       
       
       2. A dispute between a non-employee Discloser and the College that is governed by another College process;
       
       
       3. A law enforcement matter that is being addressed by the appropriate law enforcement authority (i.e., CBSA/CSIS);
       
       
       4. A matter relating to the prosecution of an offence; or
       
       
       5. The exercise of an adjudicated function of a court, tribunal or other statutory decision-maker, including a decision or the processes and deliberations that have led or may lead to a decision;
       
       
       
       
    
    
    4. The Disclosure does not provide adequate particulars of the Wrongdoing;
    
    
    5. The Disclosure is frivolous or vexatious or has not been made in good faith;
    
    
    6. The investigation would serve no useful purpose or could not reasonably be conducted due to the passage or length of time between the date of the alleged Wrongdoing and the date of the Disclosure;
    
    
    7. The Disclosure is already being, or has been appropriately investigated by the BC Ombudsperson, the College, or other appropriate authority; or
    
    
    8. PIDA otherwise requires or permits the College to stop or suspend the investigation.
    
    
    
    


33. If the Designated Officer determines that the Disclosure does not warrant investigation under this Policy but involves a matter which may be appropriately addressed through another policy or process, the Designated Officer will re-direct the matter to the entity responsible for that process.


34. The Designated Officer may refer a Disclosure to the BC Ombudsperson or law enforcement, considering factors such as:
    
    
    
    1. Whether the subject matter of the Disclosure would be more appropriately dealt with by that authority;
    
    
    2. The complexity of the subject matter of the Disclosure;
    
    
    3. Whether a real or perceived conflict of interest exists;
    
    
    4. The resources and expertise required to conduct a fair and effective investigation; and
    
    
    5. If the subject matter relates to an individual with authority over the Designated Officer.
    
    
    
    


35. The Designated Officer may postpone or suspend an investigation if the Designated Officer:
    
    
    
    1. Reports to a law enforcement agency an alleged offence they have reason to believe has been committed in relation to the Disclosure;
    
    
    2. Considers that the investigation may compromise another investigation; or
    
    
    3. The alleged Wrongdoing is also being investigated for the prosecution of an offence.
    
    
    
    


36. The Designated Officer will notify the Discloser and, if appropriate, the Respondent(s), if they refuse, stop, postpone, or suspend an investigation or refer the investigation to another process of authority, including the reasons for the decision. The Designated Officer will also notify the President unless the President is alleged to be responsible for the Wrongdoing, in which case the Designated Officer will notify the Chair of the Board of Governors and any other person required by PIDA.

Investigation Procedures

37. Investigations will be conducted in accordance with the principles of procedural fairness and natural justice and conducted in accordance with applicable legislation, VCC policies and collective agreements. Respondents of the Disclosure will be informed of the details of the allegations and will have an opportunity to respond to the allegations.


38. The Designated Officer has the authority to expand the scope of an investigation beyond the allegations set out in the Disclosure or complaint about Reprisal to ensure that any potential Wrongdoing discovered during an investigation is investigated.


39. If more than one Disclosure is received with respect to the same or similar Wrongdoing, a single investigation into the alleged Wrongdoing may be conducted.


40. The Designated Officer shall seek, where practicable, to review Disclosures within 25 business days and to investigate Disclosures within 120 business days. The Designated Officer may shorten or extend this time period depending on the nature and complexity of the allegations.


41. The Designated Officer may seek assistance from the BC Ombudsperson for an investigation or refer a Disclosure in whole or in part to the BC Ombudsperson provided the notice of the referral is provided to the Discloser.

Reporting the Results of an Investigation

42. The Designated Officer will provide a report on the findings of the investigation, reasons and any recommendations to the President or, in the case of an investigation involving the President, to the Chair of the Board of Governors. The Discloser and any Respondents will also receive a report on the findings.


43. The President will make the final determination of whether Wrongdoing has occurred and will determine the appropriate corrective actions, if needed. 


44. The Designated Officer will ensure that any corrective actions recommended are implemented in accordance with relevant legislation, VCC policy and collective agreements. The Designated Officer is not required to hold a hearing.


45. Subject to the College's obligations under Freedom of Information and Protection of Privacy Act (FIPPA), the Designated Officer will seek to provide an appropriate summary report within 20 business days of the investigation being completed to the Discloser and Respondent(s). The obligation to provide such a report does not apply to a Discloser to who submits a Disclosure anonymously.

Reprisals

46. The College will not tolerate Reprisals against any individual who has, in good faith, made a request for advice, made a Disclosure, responded to a Disclosure, cooperated in an investigation or made a complaint about Reprisal under this Policy.


47. This protection does not apply to protect an employee from the consequences of their own wrongdoing, misconduct, or improper activity unrelated to their rights under PIDA.


48. An individual who engages in any Reprisal may be subject to discipline, up to and including termination of employment or expulsion from the College.


49. An individual who makes a bad faith, malicious or intentionally false Disclosure may be subject to discipline, up to and including termination of employment or expulsion from the College.

Records, Confidentiality and Privacy

50. The President, or their designate, will prepare and publicly publish an annual report of the College's activities under the PIDA. The report will include the number of investigations started, the number of Disclosures made about the College, and the number of Disclosures received by the BC Ombudsperson about the organization to the extent known. In cases where Wrongdoing was found, the report will include a description of the Wrongdoing, any recommendations made, and any corrective action taken, or reasons why no action was taken.


51. The President's annual report under this Policy will be in compliance with PIDA and FIPPA.


52. The College's Privacy Officer will maintain records and confidential files of all safe Disclosures.


53. All records and correspondence pertaining to a Disclosure or investigation will be maintained in accordance with the College's Records Management Policy and Procedures.


54. The College is committed to protecting the privacy of Disclosers, respondents and those who participate in investigations that is consistent with its obligations under PIDA and FIPPA.


55. Breach of confidentiality and privacy is a serious offence. An employee who does not strictly protect confidentiality and privacy as required by this policy and procedures and applicable law may be subject to disciplinary action, up to and including termination of employment.