Nonacademic Regulations

ITU firmly believes that personal diversity in all its aspects is essential to our ability to accomplish our mission. Diversity embodies all those differences that make us unique individuals and includes people of different race, ethnicity, culture, sexual orientation, gender, religion, age, personal style, physical ability as well as people of diverse opinions, perspectives, lifestyles, ideas and thinking. We value the differences in views and perspectives and the varied experiences that are part of a diverse organization. Diversity enriches and broadens our university, which in turn leads to more creative and meaningful programs.

For the same reasons, ITU values professional diversity. Academic professionals and faculty, administrators, and students, from all disciplines, from both the public and private sectors, from all economic strata, and from the least experienced to the most seasoned are vital to maximizing our experience. Only by drawing and retaining a diverse employee and contractor base will we guarantee success of our university as well as our respective professional pursuits. Therefore, ITU is committed to creating and maintaining a culture that promotes and supports diversity throughout our organization.

ITU is committed to the most fundamental principles of academic freedom, equality of opportunity, and human dignity. This requires that decisions involving students and employees be based on individual merit and free from invidious discrimination of all forms, whether or not legally prohibited.

ITU’s policy is to fully comply with applicable federal and state nondiscrimination and equal opportunity laws, orders and regulations. ITU will not discriminate in programs and activities against any person because of race, color, religion, sex, national origin, ancestry, age, marital status, handicap, unfavorable discharge from the military, or status as disabled veteran or veteran of Vietnam era. This nondiscrimination policy applies to admission, employment, access to and treatment in University programs and activities.

Complaints of invidious discrimination prohibited by university policy shall be resolved exclusively within existing ITU procedures.

Sexual harassment is legally defined to include any unwanted sexual gesture, physical contact, or statement that is offensive, humiliating, or interfering with required tasks or career opportunities at ITU. Sexual harassment is prohibited under federal and state discrimination laws and the regulations of the Equal Employment Opportunity Commission.

ITU will not tolerate sexual harassment of students or employees and will take action to provide remedies when such harassment is discovered. The University environment must be free of sexual harassment in work and study. Appropriate sanctions will be imposed on offenders in a case-by-case manner to ensure ITU is free of sexual harassment. ITU will respond to every reported sexual harassment complaint.

I. Summary of Policy

This policy governs the reporting and investigation of allegations of suspected illegal or improper activities concerning the financial assets of the University, and the protection of whistleblowers from retaliation. It describes the procedures for investigating known or suspected illegal or improper activities and addressing complaints of retaliation for raising such issues.

II. Policy

ITU has a responsibility for the stewardship of University resources and the private support that enables it to achieve its mission. The University’s internal controls and operating procedures are intended to detect and to prevent illegal or improper activities relative to its financial assets. However, intentional and unintentional violations of laws, regulations, policies and procedures may occur and may constitute illegal or improper activities. The University has a responsibility to investigate and report to appropriate parties allegations of suspected illegal or improper activities, and to protect those employees who, in good faith, report these activities to the appropriate authority.

A ITU employee may not: (1) retaliate against an employee who has made a protected disclosure or who has refused to obey an illegal or improper order, nor (2) directly or indirectly use or attempt to use the official authority or influence of his or her position for the purpose of interfering with the right of an employee to make a protected disclosure to the University. It is the intention of the University to take whatever action may be needed to prevent and correct activities that violate this policy.

III. Procedure

A. Filing a Report of Suspected Illegal or Improper Activities Relative to Financial Assets

• Any person may report allegations of suspected illegal or improper activities. Knowledge or suspicion of illegal or improper activities may originate from academic personnel, staff or administrators carrying out their assigned duties, internal or external auditors, law enforcement, regulatory agencies, and customers, vendors, students or other third parties.
• Allegations of suspected illegal or improper activities should be made in writing so as to assure a clear understanding of the issues raised. Such reports should be factual and contain as much specific information as possible.
• Normally, a report by a ITU employee of allegations of a possible illegal or improper activity should be made to the reporting employee’s immediate supervisor or other appropriate administrator or supervisor within the department. However, when the whistleblower believes there is a potential conflict of interest, such reports may be made to another University official 20 who has responsibility over the department in question or the authority to review the alleged illegal or improper activity on behalf of the University. Should the alleged illegal or improper activities involve the President, Executive Vice President, or another Vice President, such reports may be made to the Chair of the Audit Committee of the Board of Trustees (c/o Board of Trustees, International Technological University).
• When a person reports allegations of suspected illegal or improper activities to an appropriate authority, the report is known as a protected disclosure. University employees and applicants for employment who make a protected disclosure are protected from retaliation.
• The Audit Committee may enlist outside legal, accounting or other advisors, as appropriate, to conduct any investigation of complaints regarding financial statement disclosures, disclosure concerns or violations, accounting, internal accounting controls, auditing matters or violations of the University’s policies.

B. How to report improper acts If any employees have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility, call:

• Office of the President – 888-488-4968 ext 300
• Human Resources office – 888-488-4968 ext 280
• California State Attorney General’s Whistleblower Hotline – 800-952-5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation.
• Report can be submitted through the suggestion box in the front desk area or an anonymous email from ITU website.

C. Protection from Retaliation

Any employee who believes he or she has been subjected to or affected by a retaliatory conduct for

(1) reporting suspected illegal or improper activity, or

for refusing to engage in activity that would result in a violation of law, should report such conduct to the appropriate supervisory personnel (if such supervisory personnel is not the source of or otherwise involved in the retaliatory conduct). Any supervisory employee who receives such a report, or who otherwise is aware of retaliatory conduct, is required to advise the Human Resources Manager of any such report or knowledge of retaliatory conduct. If the employee believes that reporting such conduct to the appropriate supervisor is for any reason inappropriate, unacceptable or will be ineffectual, or if the report to the supervisor has been made and the retaliatory conduct has not ended, the employee should report the incident directly to an Executive Vice President, the President, or the Chair of the Audit Committee of the Board of Trustees. The University will use its best efforts to protect whistleblowers against any form of retaliation.

It cannot guarantee confidentiality, however, and there is no such thing as “unofficial” or “off the record” reporting. The University will keep the whistleblower’s identity confidential, unless

(1) 21 the person agrees to be identified; (2) identification is necessary to allow the University or law enforcement officials to investigate or respond effectively to the report; (3) identification is required by law; or (4) the person accused of illegal or improper activities is entitled to the information as a matter of legal right in disciplinary proceedings.