Members of the Utah Board of Higher Education (“Board”) may make or receive reports alleging misconduct by a Board member, an administrator or employee in the Office of the Commissioner (“OCHE”), an institution president or employee, or a student including:                                                             

• Waste or misuse of public funds, property, or manpower;
• A violation or suspected violation of a law, rule, or regulation adopted under Utah law, a political subdivision of Utah, or any recognized entity of the United States;
• Gross mismanagement, abuse of authority, or unethical conduct by a state government employer;
• Discrimination or sexual harassment; and/or
• Other ethics violations or misconduct.

Relevant Law and Policy

• Utah Code Title 67 Chapter 21, Utah Protection of Public Employees Act
• Board Policy R801, Equal Opportunity, Diversity and Nondiscrimination

Filing a Complaint

Board members may file a complaint about another Board member, an institution president, or an OCHE administrator or employee through Ethics Point or contact General Counsel Alison Adams to discuss other filing options.

Board members may file a complaint about an institution employee or administrator through Ethics Point or directly with the institution.

Referral Process

Board members should not attempt to resolve misconduct complaints on their own but should report them so that they can be resolved or referred as follows:

• Complaints about institution students, employees, or departments will be referred to the relevant administrator at the institution.
• Complaints about an institution president will typically be within the Board’s authority to resolve and will be addressed through the Office of the Commissioner.
• Complaints about another Board member may be referred to the Governor’s Office.
• Complaints about an OCHE employee will be resolved in accordance with OCHE policies.
• Complaints that fall within the internal audit scope, e.g., financial and process concerns, will be referred to the institution’s internal audit unit if the institution is degree-granting and to USHE’s audit team if the institution is a technical college.

Questions

Board members may refer questions about misconduct to General Counsel Alison Adams.