Palm Beach State College Board Policy

Title: Anti-Fraud Policy

Policy Number: 6Hx-18-1.34

Legal Authority:  112 Part III FS, 1001.64 FS, 119.071 FS

Date Adopted/Amended: First Reading November 12, 2019; Second Reading January 21, 2020

 

Purpose

This establishes College policy outlining the College’s commitment to prevent and detect fraudulent activities.


Scope

The District Board of Trustees and all College employees shall be governed by this policy.  This policy is related to, and in addition to provisions in Policy provisions of the Code Of Ethics referenced in policy number 6Hx-18-5.90, and work together to ensure compliance with provisions in Florida Statutes (Section 112, Part III).


Definitions

Fraud generally involves a willful or deliberate act or omission with the intention of obtaining an unauthorized benefit, service, property or something of value by deception, misrepresentation or other unethical or unlawful means. Fraudulent activity is considered a specific type of unethical behavior whereby this policy will be used in conjunction with the College’s Ethics Policy.  Fraud can be committed through many methods, which include but are not limited to the following:

  • Unauthorized alteration of documents or computer records;
  • Falsification or misrepresentation of reports to the College and external agencies;
  • Falsification or misrepresentation of data used for timekeeping and payroll administration including the employee as self, or on behalf of others;
  • Misappropriation of funds, supplies or other assets;
  • Impropriety in handling or reporting of money or financial transactions;
  • Unauthorized removal of College property, records or other assets from the premises;
  • Unauthorized use or destruction of College property, records or other assets;
  • Taking or otherwise providing information that would lead to identity theft;
  • Unauthorized use of College property and resources for personal activities; and
  • Knowledge that an applicant for Federal Student Aid may have engaged in fraud or criminal misconduct in connection with their application.

Anonymous Reporting is the method of contacting the College and may include any means of writing, verbal, or electronic communication to the institution; the preferred method of reporting is the College’s Anonymous Reporting System hosted by a third party which includes a ‘hotline’ and web reporting tool.

Employee is anyone employed by the College at any level regardless of type, class, or contractual relationship.  For purposes of this policy, any contingent worker, volunteer, or consultant or similar person will be considered having contractual relationship to the College.

Coordinating Investigator (CI) is the lead person tasked with coordinating the investigation internally and externally if necessary.  The Director of Security and Risk Management shall act as the CI for the College.

Executive Director of Human Resources (EDHR) is the executive coordinating HR matters involving fraud to maintain the College’s best interest including disciplinary options and coordination with the College’s legal counsel.

General Counsel (GC) is the College’s internal legal counsel and will work with the CI and EDHR on any matters related to fraud allegations.

Subject Matter Expert (SME) is the person or persons with the knowledge, skills and ability to carry out internal College investigation activities that can follow up with determinations of fact, dispositions of allegations, or when further work must be done by additional resources.

Reporter is the person bringing forth the allegation, information, or other evidence of fraud. 

 

Policy Guidelines

  1. All employees and any other constituents are encouraged to report any suspicion of fraudulent activities.
    1. The College’s preferred method of reporting is to use the anonymous reporting tools by hotline phone number, or web reporting.
    2. The reporter may use other efficient means to provide the information and evidence including:
      1. Meeting in person
      2. Telephone
      3. Writing
    3. The reporter should avoid using regular email outside of the anonymous reporting tools provided.
  2. The College will maintain and protect the reporter’s anonymity to the extent permitted by law, including adhering to the ‘Whistle Blower Act’ law section 112.3187 FS.
  3. The College will protect the confidentiality of the information gathered in this process pursuant to 119.071(2) FS.
  4. The College and its employees are prohibited from taking retaliatory action against any person who discloses information to an appropriate College agent alleging improper use of position for fraud, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.
  5. The CI shall decide which trusted individual(s) will be contacted to assist in the investigation.  
    1. Initial contact will include General Counsel and Executive Director of Human Resources. The GC and EDHR shall assess which other executives should be notified considering the facts of the allegation.
    2. Other individuals shall be limited to the SMEs for the particular area in question.
    3. These individual SMEs must seek to expeditiously determine the validity of the allegations and provide data relevant to the CI for follow up.
    4. The validity of the allegation and preliminary data/report should be completed within 14 days. If additional time is needed, the initial facts and investigation notes should be reviewed documenting additional time needed.
    5. The CI or designees in the matter shall keep the reporter appraised of the progress if so requested.
    6. If using the anonymous reporting tools, the CI and others that may have access to the system will update the case to document the progress as well.
      1. The CI/SMEs must not expand the circle of information sharing beyond that necessary for the initial fact finding and validation.
      2. Those involved with the investigation must continue to protect the
        1. Reporter
        2. The accused person(s) - consideration must be given to the possibility of false accusations.
  6. Once internal facts and validation are completed, and evident of fraud does not exist, the CI
    1. Must document the conclusion of the investigation, and
    2. May inform the reporter if requested, and
    3. Appropriate participants in the investigation.
  7. If an investigation reveals valid evidence of fraud, the College shall reserve its right to any and all disciplinary actions including immediate termination of employment in accordance with the District Board of Trustees’ policies and bargaining agreement.
  8. If an investigation reveals valid evidence of fraud the College shall reserve its right to seek restitution as well as press charges as appropriate commensurate with the offense up to the extent allowed by law.