This policy establishes the protection of UW–Madison employees from retaliation for disclosing information regarding a violation of any state or federal law, rule or regulation, mismanagement or abuse of authority in state or local government, substantial waste of public funds, or a danger to public health or safety.
For purposes of this policy, definitions for the relevant terms used throughout this policy can be found in Wis. Stat. §230.80, Definitions, and Wis. Admin. Code DWD §224.02, Definitions.
This policy applies to all university employees as defined in Wis. Stat. § 230.80(3)
An employee of the State of Wisconsin, including an employee of UW–Madison as defined in Wis. Stat. § 230.80(3), may not be retaliated against for disclosing information regarding a violation of any state or federal law, rule or regulation, mismanagement or abuse of authority in state or local government, substantial waste of public funds or a danger to public health or safety.
An employee with knowledge of such information, the disclosure of which is not expressly prohibited by state or federal law, rule or regulation, may disclose that information to any other person. However, to obtain protection under Wis. Stat. §230.83, before disclosing that information to anyone other than an attorney, collective bargaining representative or member of the legislature, the employee must do one of the following:
Nothing in Wis. Stat. §230.81 prohibits an employee from disclosing information to an appropriate law enforcement agency, a state or federal district attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal grand jury or a judge in a proceeding commenced under Wis. Stat. §968.26 or disclosing information pursuant to any subpoena issued by any person authorized to issue subpoenas under §Wis. Stat. §885.01. Any such disclosure of information is a lawful disclosure under this section and is protected under Wis. Stat. §230.83. Nothing in this section restricts the right of an employer to take appropriate disciplinary action against an employee who knowingly makes an untrue statement or discloses information the disclosure of which is expressly prohibited by state or federal law, rule or regulation.
An employee who believes that a supervisor or appointing authority has initiated or administered, or threatened to initiate or administer, a retaliatory action against that employee in violation of Wis. Stat. §230.83 may file a written complaint with the Division of Equal Rights, specifying the nature of the retaliatory action or threat thereof and requesting relief, within 60 days after the retaliatory action allegedly occurred or was threatened or after the employee learned of the retaliatory action of threat thereof, whichever occurs last.
The Whistleblower law prohibits the University from taking any retaliatory action against an employee who has made a protected disclosure. If an employee believes they have been the subject of retaliation, they may file a written complaint with the Equal Rights Division of the State of Wisconsin Department of Workforce Development.
09-30-2019, 11-29-2023
