University Guidelines
Section 7. Ethics: University Employee Misconduct Policy and Procedures
Issued: July 2022
Replaces: January 2015
7.1 General Statement
As state employees, we have a duty to conduct ourselves in a manner that will maintain and
strengthen the public’s trust and confidence in the integrity of Southern Illinois University.
Furthermore, we are obligated to follow state law, which includes the State Officials and Employees
Ethics Act (5 ILCS 430). As stewards of the University’s resources and property, we must make
ethical decisions and avoid even the appearance of impropriety.
The University does not condone and will not tolerate fraudulent, illegal or improper business
practices, practices of corruption, questionable ethics or conflict of interest in the conduct of
University business. Any employee, regardless of position or length of service, found responsible for
such actions shall be subject to disciplinary action up to and including dismissal.
7.2 Management Responsibilities
Management is responsible for being aware of exposures and symptoms of exposures in their areas
of responsibility, and for detecting wrongdoing and fraudulent activities. Each Unit Head, Dean,
Director, and Department Head shall be alerted for any indication that improprieties might exist and
work to prevent or detect such improprieties.
7.3 Employee Responsibilities
All University employees have an obligation to safeguard the property and assets of the State and
help to maintain the high standards of professional conduct we expect from all University
employees. If you know of any violation of Illinois law or the Ethics Act, you must report it to the
appropriate authorities. All employees are required to participate in ethics training on an annual
basis.
7.4 Procedures for Filing an Ethics Complaint
University employees are responsible for reporting any suspected wrongdoing or fraudulent/corrupt
activity. Reports may be made directly to the University Ethics Office or to the Office of Executive
Inspector General.
Complaints regarding allegations of State employee misconduct, fraud, waste, corruption, etc., can
be made to the University Ethics Office or to the Office of Executive Inspector General for the
Agencies of the Illinois Governor by anyone. However, the complaint must relate to the official
conduct of a State employee of a State agency, board, commission, or State public university under
the jurisdiction of the OEIG, or a person or entity (such as a vendor of the State) doing business
with an employee or State agency under the jurisdiction of the OEIG.
Anyone who files a complaint should have a reasonable belief that the allegation being reported is
true. In addition, anyone filing a complaint must provide sufficient detail concerning the allegation in
order for an investigation to be initiated.
Examples of allegations of violations by State employees that may be investigated by the OEIG
include (but are not limited to): fraud, abuse of authority, corruption, theft of State property,
improper use of State time, property, or other resources for prohibited political purposes, bid
rigging, improper time reporting, and other forms of misuse of State property, equipment, or other
assets.
The OEIG will not investigate complaints that are unrelated to its jurisdiction, such as those
generally related to: city, municipal, county or federal government employees and officials or federal
or State court judges and legislators. The OEIG may also decline to investigate complaints that are
more appropriately dealt with as a State agency management issue, such as a complaint from a
State employee who is simply dissatisfied, without legal recourse, with a supervisor, work
assignment, or performance rating.
By law, the OEIG cannot initiate or accept a complaint regarding an alleged violation, which
occurred more than a year ago, unless there was an attempt to conceal the underlying facts during
that time. Effective with amendment to the State Officials and Employees Ethics Act in August 2009,
the OEIG may accept anonymous complaints and may initiate investigations of its own initiative.
Contact information for filing a complaint with the OEIG can be found by visiting the website for the
Office of Executive Inspector General for the Agencies of the Illinois Governor. Details for filing a
complaint with the University Ethics Officer can be found by visiting the Ethics Office website within
the Southern Illinois University System’s website.
7.5 Duty to Cooperate with Investigation
All affected offices and/or employees have the responsibility to cooperate fully and provide
assistance to the OEIG in the performance of any investigation. Employees should feel free to report
misconduct and participate in investigations without fear of retribution. Any officer, employee, or
appointee who violates this provision shall be subject to disciplinary action, up to and including
discharge. All University resources are open to inspection including equipment, books, records, or
papers in the possession of the University.
If an investigation finds sufficient evidence of wrongdoing, the University has the responsibility to
take action towards the offending employee(s) and to notify appropriate law enforcement authorities
if necessary.
Under state law, knowingly providing false information to the OEIG by any officer or employee shall
be cause for discipline, up to and including discharge. Caution should be exercised when dealing
with suspected misconduct or fraudulent activities to avoid: making incorrect accusations;
prematurely alerting suspected individuals of an investigation in progress; violating the employee’s
right to due process; and making statements that could lead to claims of false accusation or other
offenses.
7.6 Whistle Blower Protection
A whistleblower is someone who exposes wrongdoing, fraud, corruption and/or waste. The Illinois Whistleblower Act protects every citizen -- including state and local government employees -- when they blow the whistle on government corruption.
Your identity as a whistleblower is kept confidential, except in rare circumstances where disclosure is required by law.
If you are a State employee and you perform the following protected activity . . . .
- Disclose or threaten to disclose to your supervisor or any public body something you believe is illegal, or
- Provide information to any public body conducting an investigation into corruption, or
- Participate in a proceeding to enforce the State Officials and Employees Ethics Act.
A State agency cannot retaliate through a reprimand, discharge, suspension, demotion or denial of promotion or transfer.
However, adverse action (such as disciplinary action) by a State agency is not a violation of the Whistle Blower Protection Article if it is demonstrated by clear and convincing evidence that the officer, member, other State employee, or State agency would have taken the same unfavorable personnel action in the absence of the performance of the protected activity.
If retaliation occurs, remedies can include:
- Reinstatement;
- Two times back pay;
- Interest on back pay; and/or
- Payment of reasonable costs and attorneys' fees.
Tips for successful whistleblowers
- Successful whistleblowers need evidence. Be sure to keep records and documentation of corrupt activity.
- Don't break any laws yourself. Exposing corruption will not necessarily relieve you of liability. If you are worried about your behavior, seek independent legal advice.
- Read your employment contract. Your union or other employment contract may contain whistleblower protections.
