Whistleblower Policy

On the Right Path (OTRP) is deeply committed to protecting and preserving the health and well-being of the children whom OTRP serves and the staff and volunteers who provide services to these children.  OTRP is similarly committed to protecting and preserving the physical and financial assets and resources which allow OTRP to provide these services.  OTRP, therefore, requires its Directors, officers, employees, consultants and volunteers, to observe high standards of business and personal ethics in the performance of their duties on OTRP’s behalf.  As employees and representatives of OTRP, we are all expected to practice honesty and integrity in fulfilling our responsibilities and are required to comply with all applicable laws, regulations, and OTRP policies.

The objective of this Whistleblower Policy is to encourage and enable OTRP employees and anyone else with knowledge of OTRP’s operations to raise in good faith, concerns, without fear of intimidation, harassment, discrimination, or retaliation, regarding violations of any OTRP policy as well as suspected unethical, fraudulent, and/or illegal action, conduct, or practices, on a confidential and, if desired, anonymous basis so that OTRP can address and correct inappropriate conduct and actions.

Reporting Responsibility

It is the responsibility of all employees and individuals with knowledge of OTRP’s operations to report in good faith any concerns they may have regarding actual or suspected activities which may be unethical, fraudulent, illegal and/or in violation of OTRP’s policies with respect to, without limitation, fraud, theft, embezzlement, accounting or auditing irregularities, bribery, kickbacks, and misuse of OTRP’s assets, as well as any violations or suspected violations of high business and personal ethical standards, as such standards relate to OTRP (each, a “Concern” and collectively, “Concerns”), in accordance with this Whistleblower Policy.

No Retaliation

No one who reports a Concern in good faith shall suffer intimidation, harassment, retaliation, discrimination, or adverse employment or other consequences because of such report.  Any employee of OTRP who retaliates against someone who has reported a Concern in good faith will be subject to discipline up to and including termination of employment.  Notwithstanding anything contained herein to the contrary, this Whistleblower Policy is not an employment contract and does not modify the employment relationship between OTRP and its employees, nor does it change the fact that employees of OTRP are employees at will.  Nothing contained in this Whistleblower Policy is intended to provide a person who raises a Concern with any additional rights or causes of action, other than those provided by law.

Reporting Concerns

Any Concerns should be reported as soon as shall be practicable to the current Chair of OTRP’s Board of Directors (the “Compliance Officer”).  Any questions with regard to the scope, interpretation, or operation of this Whistleblower Policy should also be directed to the Compliance Officer.

Compliance Director

The Compliance Officer is responsible for investigating or designating someone else to investigate all reported Concerns. The Compliance Officer shall report to the full Board of Directors at each regularly scheduled board meeting on compliance activity.

Acting in Good Faith

Anyone reporting a Concern must act in good faith and have reasonable grounds for believing that the information disclosed may indicate a violation of law, OTRP policy, and/or ethical standards.  Any allegations that prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.

Confidentiality

OTRP takes seriously its responsibility to enforce this Whistleblower Policy and therefore encourages any person reporting a Concern to identify himself or herself so as to facilitate any resulting investigation.  Notwithstanding the foregoing, in reporting a Concern, a person may request that such report be treated in a confidential manner (including that OTRP take reasonable steps to ensure that the identity of the reporting person remains anonymous).  Concerns may also be reported on an anonymous basis.  Reports of Concerns will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

Handling of Reported Concerns

The Compliance Officer will acknowledge receipt of each reported Concern within five (5) business days, so long as the reporting person’s identity is disclosed or a return address is provided.  All reports will be promptly investigated, with the scope of any such investigation being within the sole discretion of the Compliance Officer, and appropriate corrective and/or disciplinary action will be taken if warranted by the investigation.

Distribution

The Compliance Officer shall make arrangements to distribute a copy of this Whistleblower Policy to all employees, directors, officers, and representatives of OTRP and to volunteers who provide substantial services to OTRP on an annual basis.

Compliance Officer Contact Information

Brett Gunning
832-819-2613
bgunning@ontherightpath.org