General Reporting Obligation - Code of Ethics
The College of William & Mary’s Code of Ethics, adopted by the Board of Visitors in 2009, obligates all members of the university community to report any illegal or unethical conduct that comes to their attention, “so the university can investigate and take corrective steps.” The Code of Ethics is focused on illegal or unethical conduct by members of the W&M community relating to the W&M community. Examples include:
- Theft of university funds or assets (which can be reported internally or through the Commonwealth’s Fraud, Waste and Abuse hotline)
- Refusal by a faculty member to adhere to lab safety protocols, exposing students to unsafe research conditions
- A procurement employee selecting a particular vendor after receiving valuable gifts from the vendor.
Criminal conduct that poses a threat to the safety of the campus must also be reported; these reports should be made to the William & Mary Police.
There are many ways to make reports, file complaints, or otherwise bring to light violations or concerns. The Office of Compliance & Policy has information about the different reporting and complaint mechanisms. The Chief Compliance Officer can accept reports and provide information.
Specific Reporting Obligations
In addition to the general reporting requirement in the Code of Ethics, there are specific reporting requirements imposed on university employees by law and university policy:
- All employees must report suspected child abuse (abuse of a minor),
- Campus Security Authorities must report to W&M Police certain types of criminal conduct (“Clery Act crimes”) occurring on campus or W&M-controlled property,
- All employees must report convictions of certain drug or alcohol law violations,
- All employees must report sexual harassment affecting a student, including sexual violence such as sexual assault and non-consensual sexual intercourse,
- Faculty, supervisors, and managers must report any incidents or complaints of discrimination or harassment, under the Policy on Discrimination, Harassment, and Retaliation, and
- All employees must report threats and acts of violence.
University employees in certain positions or who are engaged in certain activities, such as grant-sponsored research, may be subject to additional reporting requirements.
1. Child Abuse - Virginia Law Requiring Reporting of Suspected Abuse of a Minor
Information about this legal obligation is available on the Compliance Resources webpage.
All university individuals designated as Campus Security Authority are subject to the university’s Crime Reporting Policy. Guidance on Campus Security Authorities' obligations is provided on a Compliance Resource page.
Commonwealth of Virginia Department of Human Resources policy requires self-disclosure of certain alcohol or drugs law conviction. This policy applies to all W&M employees, including faculty.
Employees must report, in writing within five days after the conviction, to their supervisors of any conviction of:
- violation of any criminal drug law, based upon conduct occurring either in or outside of the workplace; or
- violation of any alcohol control law, based upon conduct occurring in the workplace or while the employee is performing university duties, including driving while intoxicated. If you are not on the job or performing W&M duties when you get a DUI or DWI, you do not need to report it.
If you are appealing a conviction, you still need to report it.
Any employee who fails to report will be subject to the full range of discipline, including discharge.
The State Department of Human Resources Management makes available a one-page summary of the policy [pdf].
4. University Policy Requiring Reporting of Sexual Harassment, Including Sexual Assault of a Student, and Requiring Supervisors to Report Other Types of Discrimination, Harassment, or Retaliation
Information about these reporting obligations is provided in the Discrimination, Harassment, and Retaliation Policy and the Sexual Harassment and Assault Guidance for Employees. As explained in more detail in the Policy and Guidance:
- All faculty and staff, except for those who work in the Student Health Center, Counseling Center, and the Haven, are required to report specific incidents of sexual harassment, including sexual assault, affecting students. This means that if an employee becomes aware that a student has been sexually assaulted or otherwise harassed, and is aware of the identity of the student, that employee must bring the incident to the attention of appropriate administrators so that help can be provided to the student. Reports should be made using the online reporting portal. The portal includes an option for making a partial disclosure report, which is a report not including all identifying information. Faculty and staff may use this reporting option in situations where the victim does not want a report to be made or wants identities protected.
- All faculty, supervisors, and managers must report all other incidents of discrimination, harassment, or retaliation of which they become aware. As with the sexual harassment reporting obligation, this reporting duty is triggered when the supervisor, manager or faculty member becomes aware of a specific incident involving specific people. The report should be made to the appropriate office as shown in the discrimination poster. http://www.wm.edu/offices/compliance/policies/discrimination_harassment_retaliation/DiscriminationResourcesandFilingOptions.pdf
To help William & Mary satisfy its obligation under the Virginia law on threat assessment and to maintain a safe and secure campus community, all students and employees – including faculty – are required to report acts of violence, threats and threatening behavior, under the university Campus Violence and Threat Management Policy[pdf].
The Policy lists university officers to whom reports can be made. Additional information about identifying and responding to threats and concerning behavior is available on the university’s violence prevention and education website.