BOARD POLICY  4270

 

Protection of “Whistleblowers”

 

(ORC Sections 102.01 et. seq. , 124.341,  2901.22,  2921.42,  2921.43)    (4113.52)

 

A.  Any staff member who learns in the course of his/her employment of a violation of state or federal

      statutes, rules or regulations or the misuse of public resources which his/her supervisor or the

      Superintendent could correct may report that violation or misuse without reprisal.  Such reporting is

      known as “whistleblowing” and reports may be made as follows:

 

     1.  Reports must be written.

 

     2.  The report must be filed with either the Superintendent or staff member’s supervisor unless the

          staff member reasonably believes the violation or misuse constitutes a criminal offense or a

          violation of O.R.C. Chapter 102 (ethics), O.R.C. Section 2921.42 (unlawful interest in public

          contract) or O.R.C. Section 2921.43 (soliciting or receiving improper compensation).  Suspected

          criminal offenses can be reported to the Prosecuting Attorney.  Suspected violations of O.R.C.

          Chapters 102, Section 2921.42 and Section 2921.43 may also be reported to the Ohio Ethics

          Commission.

 

B.  Except as provided in paragraph C below, staff members may not be punished for making any report

     authorized by paragraph A.

 

C.  Staff members are to make reasonable efforts to determine the accuracy of any information reported

      under this policy.  Staff members may be punished, up to and including removal, for purposely,

      knowingly, or recklessly reporting false information.

 

D.  A staff member who is punished as a result of reporting violations or misuse under this Policy may

     appeal that punishment to the State Personnel Board of Review.  Such appeal is the exclusive remedy

     for a staff member who is punished for reporting violations or misuse under this policy.  An appeal must

     be filed no more than thirty (30) calendar days after the staff member learns he/she has been punished.