Policy # 1.2070
This policy applies to any fraud or suspected fraud involving employees,
officers or trustees, as well as members, vendors, consultants, contractors,
funding sources and/or any other parties with a business relationship
with Lewis University. Any investigative activity required will be
conducted without regard to the suspected wrongdoer’s length
of service, position/title, or relationship with the University.
is responsible for the detection and prevention of fraud, misappropriations,
and other irregularities. Fraud is defined as the
intentional, false representation or concealment of a material fact
for the purpose of inducing another to act upon it to his or her
injury. Each member of the management team will be familiar with the
of improprieties that might occur within his or her area of responsibility,
and be alert for any indication of irregularity.
Any fraud that is
detected or suspected must be reported immediately to the President,
Executive Vice President or, alternatively, to the
Chair of the Lewis University Audit Committee, who coordinates all
Actions Constituting Fraud
The terms fraud, defalcation, misappropriation,
and other fiscal irregularities refer to, but are not limited to:
Any dishonest or fraudulent act.
Forgery or alteration of any document or account belonging
to Lewis University.
Destruction, alteration, mutilation, concealment, covering
up, falsification or making of a false entry in
any record, document or
tangible object with the intent to impede, obstruct
or influence any investigation by the University or any state,
The destruction, alteration or concealment of any
records used in the conduct of an audit.
Forgery or alteration of a check, bank draft,
or any other financial document.
Misappropriation of funds, securities,
supplies, equipment, or other assets of
Impropriety in the handling or reporting
of money or financial transactions.
Disclosing confidential and proprietary
information to outside or inappropriate
Accepting or seeking anything
of material value from contractors,
goods or services
to Lewis University.
Exception: gifts less than
a nominal amount of $75 or less in value.
Destruction, removal or
inappropriate use of records,
or attempting to improperly
of any audit
finances or accounts.
Any similar or
The departmental management and
the Human Resources Department should resolve any irregularities,
concerning an employee’s moral,
ethical, or behavioral conduct.
If there is a question as to whether an action constitutes fraud,
University employees should contact the President, Executive Vice
President or the Chair of the Audit Committee for guidance.
The Administration, in consultation with the Audit Committee, has
the primary responsibility for the investigation of all suspected
fraudulent acts as defined in the policy. The investigation may
utilize whatever internal and/or external resources considered necessary.
If an investigation substantiates that fraudulent activities have
occurred, the President, Executive Vice President or the Audit Committee
Chair will issue reports to appropriate designated personnel and,
if appropriate, to the Board of Trustees and/or the Executive Committee
of the Board of Trustees.
Decisions to prosecute or refer the examination
results to the appropriate
law enforcement and/or regulatory agencies for independent investigation
will be made in conjunction with legal counsel. Decisions regarding
demotion, suspension or termination will also be made in conjunction
with legal counsel.
If suspected fraud or other wrongdoing involves
programs funded in whole or in part with federal funds, additional
responsibilities, such as special reporting and disclosure to the awarding
apply. It is the policy of Lewis University to fully comply with
all additional reporting disclosure and other requirements pertaining
to suspected acts of fraud as described in award documents.
It is the intent of the University to comply with all relevant state
and federal document retention requirements. All University employees
are instructed that any audit work papers and other documents that
form the basis of the audit or review of University finances, and
memoranda, correspondence, communications, other documents, and
records (including electronic records), which are: (i) created, sent or
in connection with the audit or review, and (ii) contain conclusions,
opinions, analyses, or financial data related to the audit or review
shall be retained for at least seven (7) years. Additionally, any
complaints made to the University Audit Committee and all responses
thereto shall be retained for at least five (5) years.
and Whistleblower Protections
The President, Executive Vice President and the Audit Committee will
treat all information received confidentially. Any employee who
suspects dishonest or fraudulent activity will notify the President, Executive
Vice President or the Chair of the Audit committee immediately,
should not attempt to personally conduct investigations or interviews/interrogations
related to any suspected fraudulent act (see Reporting Procedures
section below). Investigation results will not be disclosed or discussed
with anyone other than those who have a legitimate need to know.
The Audit Committee has the authority to conduct executive (closed session)
meetings at which matters reported to the committee may be discussed
Employees or other persons who lawfully report suspected
other activity to the University, the Audit Committee or any federal
or state authority or agency shall not suffer discharge, demotion,
suspension, threats or harassment or be discriminated against
in any other way because of such employee’s lawful actions in providing
information or assistance to an investigation into fraudulent
or other activity.
Authority for Investigation of Suspected Fraud
Those individuals assigned to investigate suspected fraud will have:
Free or unrestricted access to all Lewis University records and
premises, whether owned or rented; and
The authority to examine, copy, and/or remove all or any portion
of the contents of files, desks, cabinets, and other storage
facilities on the premises without prior knowledge or consent of
who may use of, have custody or any such items or facilities
when it is within the scope of their investigations.
Great care must be taken in the investigation of suspected improprieties
or irregularities so as to avoid mistaken accusations or alerting
suspected individuals that an investigation is under way.
who discovers or suspects fraudulent activity will contact the
President, Executive Vice President or the Chair of the Audit
Committee immediately. The employee or other complainant may
remain anonymous. All inquiries concerning the activity under investigation
from the suspected individual(s), his or her attorney or representative(s),
or any other inquirer should be directed to University legal
No information concerning the status of an investigation will
be given out.
The reporting individual should be informed of the
Do not contact the suspected individual in an effort to determine
facts or demand restitution.
Do not discuss the case, facts, suspicions, or allegations with
anyone unless specifically asked to do so by Lewis University