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Tuesday, September 4, 2007
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Post records request prompts shutdown of whistleblower system

Published: Tuesday, September 4, 2007

Rick Rouan / Managing Editor / rr125405@ohiou.edu
Laura Bernheim / Campus Editor / lb175804@ohiou.edu

Ohio University stopped using a Web site and telephone service to accept reports of alleged wrongdoing last week, just one day after school officials were forced to turn over all records from the system to The Post in response to an Ohio Open Records Act request.

The system, called EthicsPoint, cost the university $8,100 a year and allowed any users to go online or call a telephone service to submit claims of suspected fraud, waste or abuse. Users could submit reports anonymously, and their claims were investigated by the appropriate university department. The system was launched in February 2006.

University officials expressed concern that people falsely accused on the system might have their names made public, and those filing reports might face retaliation. The Post requested the records to look for complaints that might have gone unaddressed by the university and to present readers with information about the cost and success of the EthicsPoint system.

“It concerns me that the identities of whistleblowers could become known,” said Kathryn Chambers Gilmore, director of OU’s Office of Internal Audit, adding that she hoped the open records law would change to exempt these types of reports. “These people have done the right thing by reporting wrongdoing, and they should not have to worry about potential retribution.”

EthicsPoint, which has about 1,500 clients globally, does not require any specific identifying information from the reporter, nor does it record digital information that could link a reporter to a complaint, said Amanda Mayhew, the company’s general counsel.

“I guarantee anonymity if you choose anonymity,” she said, adding that she does not think OU’s suspension of the system puts a black mark on it.

All but three of the 31 total EthicsPoint reports were made anonymously and 13 were classified as unsubstantiated. The records contain names of 25 people accused of misconduct, though many were found not to have violated laws or policies.

Only two of the reports were classified as substantiated, including the report that tipped university officials to former Athletics Department employee Robert Andrey’s misuse of his university purchasing card and other funds. Andrey resigned and pleaded guilty to one count of theft in office, a fourth-degree felony. He was ordered to pay back more than $31,000 to the university.

The other 16 reports found some problems, but none was classified as substantiated. Those reports ranged from top-level employees wearing inappropriate T-shirts to student workers giving out free food to a homeless man.

Marion Little, a lawyer at the Columbus-based law firm Zeiger, Tigges and Little, said an instance such as the one at OU could contribute to the laws changing, but open records laws that guarantee public access to records are paramount to the role of the news industry. Little’s firm represents The Columbus Dispatch.

“I think it’s fair that we need to have the ability to challenge what public officials are doing,” he said. “Maybe I’m more skeptical just because of my age or the nature of my practice, but I often lack a lot of confidence in what our public officials are doing. You see too many stories everyday of public corruption.”

OU’s contract with EthicsPoint, which renews annually, finishes Dec. 5. The university will have to contact EthicsPoint 60 days prior with a decision to continue or dismiss the service.

The Office of Internal Audit will continue to accept reports while EthicsPoint is suspended, including anonymous telephone calls. Gilmore advised calling her direct number, 593-1865, and using a calling card, pay phone or dialing *67 to remain anonymous.

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