AVERT Policies & Procedures 1304
Discovery and Reporting of Thefts

1.0 PURPOSE

Safeguarding AVERT property is the responsibility of each employee and volunteer. Individual effort and personal honesty are required in order to adequately safeguard AVERT property. This policy gives direction regarding what steps should be followed whenever one becomes aware or reasonably suspects the loss of property through illegal acts such as theft or misappropriation of funds.

2.0 POLICY

2.1 REPORTING THEFT OR OTHER CRIMINAL ACTIVITY

2.1.1 Any employee having knowledge or reasonable suspicion of the loss of property, funds, or services through criminal activity shall take the following steps as quickly as possible:

2.1.1.1 When an employee observes a crime, or is reasonably certain an illegal act has been committed, the employee's Team Leader or AVERT Director should be notified immediately. Then, the Team Leader or AVERT Director shall follow the reporting procedures established in Para. 3.0 below. The Team Leader or AVERT Director notified by the employee shall then notify the appropriate law enforcement jurisdiction, the Corporate Attorney and the Auditor. If the crime or illegal act is committed at a location where other organizations are in control of the facility (ie. Business, School or Church) , they should also be notified.

2.1.1.2 When an employee's or volunteer's personal property, not Avert property, is stolen, it shall be reported to the appropriate law enforcement jurisdiction, including Authorities at locations that apply, and need not be reported to the Corporate Attorney or the Auditor.

2.2 When an employee or volunteer suspects another AVERT employee or volunteer may be misappropriating funds, or may be involved in the illegal appropriation of AVERT funds, property or services, the employee should bring the problem to the attention of the AVERT Board of Directors according to the reporting procedures set out in Paragraph 3.0 below.

2.2.1 The person notified by the employee or volunteer shall then notify the following authorities in the most expeditious manner, and follow-up any verbal notifications in writing to:

2.2.1.1 The appropriate law enforcement jurisdiction;

2.2.1.2 The Corporate Attorney's Office;

2.2.1.3 The AVERT Board of Directors;

2.2.1.4 and the Auditor.

2.2.2 In a case where the suspected person is a supervisor of the employee or volunteer, the employee or volunteer shall report directly to the next higher supervisor under whom the suspect employee works.

2.3 Disclosing the observation or suspicion of illegal acts effecting the loss of AVERT property is not considered adequate until the above steps have been completed.

2.4 The reporting of theft, criminal misappropriation of funds or other criminal activity in the AVERT organization is mandatory for all AVERT employees or volunteers. The knowing failure of an AVERT employee or volunteer to report such criminal activity may subject that employee or volunteer to appropriate disciplinary action.

3.0 REPORTING PROCEDURES

3.1 An employee or volunteer making a report of theft or other wrongdoing in the AVERT organization shall report the incident to the employee's or volunteer's Team Leader or AVERT Director or some other person designated by the Team Leader or AVERT Director to act in his or her absence.

3.2 A report under this policy can be made either by the person who is directly affected by or is the victim of the complained-of conduct, or by any other AVERT employee or volunteer who observes the conduct in question.

3.3 An initial report by an AVERT employee or volunteer, hereunder, need not be in writing or in any specific form. However, such a report must be sufficiently formal that the recipient of the report is aware of the serious nature of the report.

3.4 Any person filing a complaint hereunder may do so without fear of reprisal, intimidation, coercion, or retaliation. Confidentiality will, to the extent practical under the law and the necessities of disciplinary action, be protected.

4.0 INVESTIGATION PROCEDURES

4.1 Anyone receiving a report of criminal activity or wrongdoing hereunder shall immediately inform the Team Leader or AVERT Director within whose authority the report arises. The Team Leader or AVERT Director shall implement an immediate and appropriate investigation of the allegations. If the Team Leader or AVERT Director is personally accused of the misconduct, the investigation shall be implemented under the direction of the Board of Directors who shall conduct an appropriate investigation.

4.2 Anyone conducting an investigation under this policy shall take care to protect the rights of both the person complaining and the person accused.

4.3 Team Leaders or AVERT Directors who investigate complaints of wrongdoing shall prepare a brief written report including findings of facts, recommendations, disciplinary action taken, if any, and criminal action taken, if any, and forward the report to the Board of Directors.

4.4 The Corporate Attorney and Auditor (as well as the law enforcement agency to whatever extent normally occurs) will coordinate with the organization(s) involved by communicating with the Team Leader or AVERT Director, in order to ensure proper communication at the time the problem is reported and throughout any investigation of the matter.

5.0 PROTECTION FOR REPORTING EMPLOYEES

5.1 Employees or Volunteers, when reporting an illegal act or misconduct under this policy, will be governed by the provisions of applicable Federal, State and local laws and Ordinances and by State statute protecting "whistle blowers" (UCA, '67-21-3, 1985).

5.2 No "whistle blower" protection will be granted to any AVERT employee or volunteer under State law in the following instances:

5.2.1 In the case of a knowingly false or other bad faith report of wrongdoing;

5.2.2 When an employee or volunteer fails to follow the procedures set out herein;

5.2.3 No protection is afforded from legitimate disciplinary or other personnel actions which are unrelated to the report of wrongdoing.