Procedure for Filing a Protected Disclosure
– October 14, 2020
Page 1 of 5
PROCEDURE FOR FILING A PROTECTED
DISCLOSURE
Procedure
Type:
Management
Initially
Approved:
October 14,
2020
Procedure
Sponsor:
General Counsel
and University
Secretary
Last Revised:
April 1, 2021
Administrative
Responsibility:
General Counsel
and University
Secretary
Review
Scheduled:
October 14,
2025
Approver:
Executive Leadership Team
A.
PROCEDURES
1.
SUBMITTING A PROTECTED DISCLOSURE
1.1
In advance of submitting a Protected Disclosure, a Discloser may seek advice or
information on the process of filing a Protected Disclosure either through their
supervisor, the Designated Officer, the Chief Officer, or the Office of the Public
Interest Commissioner. The Discloser
’s supervisor, the Designated Officer, the Chief
Officer, or the Office of the Public Interest Commissioner may require the request for
advice or information to be in writing.
1.2
If an Employee makes an initial allegation through Confidence Line via telephone at
1 (800) 661-9675 or via the internet at www.mru.confidenceline.net, the Designated
Officer will assess the allegation and where able, will follow up with the Employee to
initiate the Procedure or filing a Protected Disclosure. If the Designated Officer is the
subject of the alleged Wrongdoing, the Employee must clearly explain to Confidence
Line that the allegation involves the Designated Officer so that Confidence Line
contacts the Chief Officer to file the Protected Disclosure.
1.3
A Discloser may make a Protected Disclosure by submitting a written allegation of
Wrongdoing using the Protected Disclosure Form to the Designated Officer:
a. by email to
b. by hand delivery to the Designated Officer
– Office of General Counsel and
University Secretariat within the Executive Offices Room A-317, 3rd Floor,
Kerby Hall; or
c. by mail delivery at:
Designated Officer
– Office of General Counsel and University Secretariat
Mount Royal University
4825 Mount Royal Gate SW
Calgary, Alberta, Canada
T3E 6K6
1.4
If a Discloser believes the Designated Officer may have a real or perceived conflict
of interest relating to the alleged Wrongdoing, the Discloser may make a Protected
Disclosure by using the Protected Disclosure Form to the Chief Officer. If the Chief
Procedure for Filing a Protected Disclosure
– October 14, 2020
Page 2 of 5
Officer receives a Protected Disclosure of this nature, they may either follow the
procedures outlined within this Policy as though they are the Designated Officer or
designate another Employee as a Designated Officer for the purposes of
investigating the Protected Disclosure in accordance with the Policy and related
procedures.
1.5
The completed Protected Disclosure Form may be submitted to the Chief Officer by:
b. hand delivery to the Chief Officer
– President and Vice-Chancellor within the
Executive Offices Room A-317, 3rd Floor, Kerby Hall; or
c. mail delivery at:
Chief Officer - President and Vice-Chancellor
Mount Royal University
4825 Mount Royal Gate SW
Calgary, Alberta, Canada
T3E 6K6
1.6
The Protected Disclosure must include:
a. a description of the Wrongdoing;
b. the dates of the Wrongdoing;
c. the name of the individual or individuals alleged
i.
to have committed the Wrongdoing, or
ii.
to be about to commit the Wrongdoing; and
d. any additional information that the Designated Officer may reasonably require to
investigate the matters set out in the Protected Disclosure.
1.7
If a Discloser believes that the Chief Officer may have a real or potential conflict of
interest in the alleged Wrongdoing, the Discloser may make a disclosure directly to
the Commissioner.
1.8
A Discloser may also make a Protected Disclosure directly to the Commissioner
using the provided contact information:
a. Email:
b. Phone: 1-855-641-8659
1.9
A Discloser may contact the Commissioner at any time relating to a Protected
Disclosure and may also follow up with the Commissioner if:
a. the Discloser has made a Protected Disclosure and does not agree with the
Designated Office
r’s decision not to investigate;
Procedure for Filing a Protected Disclosure
– October 14, 2020
Page 3 of 5
b. the Discloser has made a Protected Disclosure and the investigation has not
been completed in accordance with the procedures;
c. the Discloser has made a Protected Disclosure and the matter has not been
resolved within the time periods established under the Act; or
d. the Discloser has made a Protected Disclosure, the investigation has been
completed, a final decision has been issued, and the Discloser is dissatisfied
with the decision.
2.
RECEIPT OF A PROTECTED DISCLOSURE FORM
Upon receipt of a Protected Disclosure Form, the Designated Officer will
acknowledge its receipt to the Discloser within five (5) Business Days.
2.1
The Designated Officer will review the contents of the Protected Disclosure Form
with the Discloser to determine if the Protected Disclosure was made in good faith
and contains enough information for the Designated Officer to assess the allegation;
2.2
A Protected Disclosure made in good faith means:
a. the Discloser is not seeking to deceive the University;
b. the allegations are not frivolous; or
c. the allegations are not vexatious in nature and seeking to cause emotional or
material harm to those accused of Wrongdoing.
2.3
The Designated Officer will create a case file containing the contents of the Protected
Disclosure Form and will review the Protected Disclosure to determine whether it:
a. meets the definition of a Wrongdoing;
b. falls within the parameters of this Policy or if it should be addressed elsewhere
through existing policy or procedure;
c. should be dismissed for being made in bad faith; or
d. should be dismissed for another valid reason.
2.4
Within 20 business days of receiving a Protected Disclosure the Designated Officer
will inform the Discloser of their decision to investigate and, where appropriate,
initiate the Procedure for Investigating a Protected Disclosure.
2.5
The Designated Officer may initiate a single investigation when multiple Protected
Disclosures made on the same matter have been received. However, each Protected
Disclosure received must be acknowledged in writing to the Discloser.
2.6
Prior to initiating an investigation into an allegation of Wrongdoing, the Designated
Officer may consult with the Chief Officer or the Commissioner regarding the
contents of the Protected Disclosure and the management of the investigation. Any
such consultation may be required to be in writing by either the Chief Officer or the
Commissioner.
Procedure for Filing a Protected Disclosure
– October 14, 2020
Page 4 of 5
2.7
An allegation of Wrongdoing that has occurred more than two (2) years prior to the
date of the Protected Disclosure will generally not be investigated unless the
Designated Officer determines that the allegation of Wrongdoing exposes a
continued or future risk to Employees, students, the public, patient safety, the
integrity or the reputation of the University.
2.8
As a result of a Protected Disclosure:
a. if the Designated Officer has reason to believe that an offence has been
committed under an act or regulation of Alberta or of the Parliament of Canada,
the Designated Officer must, as a requirement of the Act and as soon as
reasonably practicable, report the alleged offence to a law enforcement agency
and to the Minister of Justice and Solicitor General.
b. if the Designated Officer has reason to believe that the contents of a Protected
Disclosure could constitute an imminent risk of a substantial and specific danger
to the life, health or safety of individuals, or to the environment, the Designated
Officer must notify the Commissioner immediately and disclose the matter to an
appropriate law enforcement agency.
B.
DEFINITIONS
(1)
the Act:
means
the
Public
Interest
Disclosure
(Whistleblower
Protection) Act (Alberta), as amended, and any regulations
thereunder
(2)
Chief Officer:
means the President and Vice-Chancellor
(3)
Commissioner:
means the Public Interest Commissioner appointed in
accordance with the Act
(4)
Designated Officer:
means the Chief Officer or an individual appointed by the
Chief Officer to manage and report on Protected Disclosures
made in accordance with this Policy and related procedures
(5)
Discloser:
means any Employee who chooses to file a Protected
Disclosure in accordance with the Policy
(6)
Employee:
means individuals who are engaged to work for the University
under an employment contract, including but not limited to
faculty, staff, exempt, casual and management employees
(7)
Policy:
means the Protected Disclosure (“Whistleblower”) policy
(8)
Protected
Disclosure:
means a written report of Wrongdoing made in good faith by an
Employee in accordance with the Act and this Policy and
related procedures
(9)
University:
means Mount Royal University
(10)
Wrongdoing:
Any activity or conduct engaged in by an Employee in or
relating to the University, as follows:
Procedure for Filing a Protected Disclosure
– October 14, 2020
Page 5 of 5
• engaging in, or counseling or directing someone to
engage in, the following: breaking the law through
contravening an Act or regulation
• any act or omission that creates a substantial and
specific danger to the life, health or safety of individuals
or substantial and specific danger to the environment
• gross mismanagement of public funds, a public asset,
or the delivery of a public service identified in the
regulations
• gross mismanagement of employees through conduct
of a systemic nature that indicates a problem in an
organization’s culture relating to bullying, harassment
or intimidation.
Any other Wrongdoing as defined by the Act or related
regulations.
C.
RELATED POLICIES
• Protected Disclosure (“Whistleblower”) policy
D.
RELATED LEGISLATION
• Public Interest Disclosure (Whistleblower Protection) Act, SA, 2012, cP-39.
E.
RELATED DOCUMENTS
• Protected Disclosure Form
• MRFA Collective Agreement
• MRSA Collective Agreement
• Terms & Conditions of Employment for Exempt Employees
• Terms & Conditions of Employment for Postdoctoral Employees
• Terms & Conditions of Employment for Research Assistants Employees
F.
REVISION HISTORY
Date
(mm/dd/yyyy)
Description of
Change
Sections
Person who
Entered Revision
(Position Title)
Person who
Authorized
Revision
(Position Title)
04/01/2021
Editorial
– Updated
Designated Officer
Template, 1.3.
Policy Specialist
President and Vice-
Chancellor
01/26/2022
Editorial
Policy Sponsor
Policy Advisor
General Counsel and
University Secretary
06/13/2024
Editorial
Designated Officer
–
Office title
Policy Advisor
General Counsel and
University Secretary