4-4: Fraud, Waste and Abuse – Procedure

Investigation

If an allegation of fraud, waste, or abuse is reported, Human Resources will immediately contact the Vice President for Finance/Chief Financial Officer, who will direct and implement an appropriate approach to resolving the concern. The VPF/CFO will immediately advise the College President that an allegation of fraud, waste, or abuse has been made, and then contact and coordinate the appropriate professionals needed to conduct a thorough and accurate investigation, including legal counsel, financial professionals (including the comptroller, auditors and accountants), and any other experts.

The investigation may include interviewing co-workers, reviewing activities of the employee in question, and examining records they produced, including all paper and electronic documents. An employee does not have a reasonable expectation of privacy and the investigation may include checking College computers, including e-mail accounts, offices and other workspaces.

The VPF/CFO may, in consultation with the employee’s supervisor and the College’s legal counsel, recommend to the President that the employee be suspended while the investigation takes place.

President’s Decision

When the investigation is complete, the VPF/CFO will prepare a written report. The VPF/CFO will share the report with the employee’s dean or director who will work with Human Resources and any other supervisors involved to determine appropriate discipline, based on Policy 4-2 Employee Corrective Action and Disciplinary Action.

If the investigation determines that fraud, waste, or abuse has occurred, the report will include a recommendation for Corrective Action or Disciplinary Action which has been discussed and approved by the Executive Director for Human Relations and Professional Development/EEO Officer. It may also include suggestions for procedures to minimize the future risk of similar fraud. The VPF/CFO will submit this report to the President within five (5) calendar days after the investigation ends. The President will review the report and may in his or her sole discretion, accept, modify or replace the recommendations. The President will issue a final decision to the affected parties within five (5) more calendar days.

Discipline and Restitution

An employee who violates this policy may be subject to Corrective Action or Disciplinary Action up to, and including, termination. The discipline imposed will depend on the severity of the violation and the circumstances of the situation. If appropriate, the College will report any activity that appears to violate any local, state or federal law to the appropriate authorities. If the fraud involves a financial loss to the College, SFCC may seek restitution from any individuals involved in the activity.

Contact: Patrick Simpson, Interim Executive Director and Equal Employment Officer
505-428-1019, patrick.simpson@sfcc.edu

Updated:        10/03/16