DIF Anti-Fraud and Whistleblower Policy

ANTI-FRAUD AND WHISTLEBLOWER POLICY

Introduction:

The Wayland Public Schools (WPS) has a duty to ensure effective stewardship of the public funds, assets, and resources. It is the policy of the WPS to prevent and deter all forms of fraud or embezzlement that could threaten the security of its assets or its reputation. The WPS is committed to the prevention, detection, investigation and corrective action relative to fraud and embezzlement. As used in this policy and/or related guidelines, “fraud” or “fraudulent act” include, but is not limited to, embezzlement.

General Policy and Responsibilities

For purposes of this policy, the Superintendent and or his/her designee for investigating fraud within the WPS is the Investigating Agent ("IA"). If the Superintendent is the subject of the investigation then the IA´s duties of investigation and reporting shall be performed by the Chair of the School Committee.

The IA will investigate any suspected acts of fraud, or misappropriation of property. Any WPS employee who reasonably believes that an incident of fraud has occurred, is occurring, or may occur, shall promptly and without unreasonable delay report such belief and the basis thereof to the Superintendent of Schools, or to the Chair of the School Committee if the belief concerns the Superintendent. An objective and impartial investigation will be conducted regardless of the position, title, and length of service or relationship with the WPS of any person, group or organization reasonably believed to have committed fraud. Each Principal/Director is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct.

The IA has the primary responsibility for overseeing the investigation of all suspected fraudulent acts as defined in this policy. The IA will immediately notify the Superintendent and Chairperson of the School Committee of any fraud investigation. The IA will involve appropriate officials, including but not limited to, the Director of Finance and Operations, Principal, Accountant, Human Resources, Legal Counsel, and other management as deemed appropriate.

Upon conclusion of the investigation, the results will be reported in writing and in confidence to the Superintendent and Chairperson of the School Committee. In the event that the report concludes that assets have been misappropriated or are missing, the IA will pursue every reasonable effort to obtain recovery of the assets and shall report to the Chairperson of the School Committee. The IA’s obligation in the preceding sentence shall be implemented in consultation with law enforcement officials should a separate criminal investigation or proceeding be commenced.

Whistleblower Protection

All persons who make a report of a violation or suspected violation of this policy are subject to the protections of G.L. c. 149, §185, and of G.L. c. 12A, § 14. Accordingly, no such person who attempts to comply with this policy shall:

● be dismissed or threatened with dismissal;

● be disciplined, suspended, or threatened with discipline or suspension;

● be penalized or be the subject of any other retribution or retaliation;

● be intimidated or coerced, or

● be subjected to any other adverse employment action.

Violation of this section of the policy may result in disciplinary action, up to and including dismissal.

If an allegation is made in good faith, but it is not confirmed by the investigation, no action will be taken against the person making the allegation. If, however, the allegations were made in bad faith, with knowledge of their falsity or with willful disregard for their truth or falsity, or without a reasonable belief that there has been a violation, appropriate disciplinary action up to and including termination of employment may be taken against the person making the allegation.

Approved by the School Committee: October 21, 2019