The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

8700 - ANTI-FRAUD

The District will not tolerate fraudulent, illegal, or otherwise unethical activities and employees must report them. These activities could result in criminal prosecution and disciplinary action may also be taken.

 

A.

Scope

     
   

This policy applies to any fraud, or suspected fraud, involving elected officials, employees, consultants, vendors, contractors, outside agencies and employees of such agencies, and any other parties with a business relationship with the District.

     
 

B.

Policy

     
   

Fraud and fraudulent activity is strictly prohibited.

     
   

Each employee or agent of the District is responsible for reporting any observed or suspected fraud or fraudulent activity to the Office of the Inspector General, the Chief Auditor, the Office of Civil Rights Compliance, the Civil Investigative Unit, the Office of Professional Standards, the Anti-Fraud Task Force or District Police, as appropriate, pursuant to the applicable School Board Rules and procedures governing these entities.

     
   

The obligation to report fraud includes instances when the employee knew that an incident of fraud had occurred.

     
   

All reporting and investigation shall be done in accordance with the terms and conditions for reporting fraud in the collective bargaining agreement.

 

C.

Definition

     
   

Fraud is defined as the intentional, false representation or concealment of a material fact in order to personally benefit or induce another to act to his/her detriment, and includes:

     
 

1.

falsifying, unauthorized altering, or forging District documents, including but not limited to :

     
 

a.

claims of payments or reimbursements, which include, but are not limited to, submitting false claims for travel or overtime;

     
 

b.

absence or leave forms;

     
 

c.

electronic or printed files, photographic records or audio records that are maintained by the District, or accounts belonging to the District;

     
 

d.

a check, bank draft, wire transfer, or any other District financial document;

     
 

e.

electronic or printed student records;

     
 

f.

electronic or printed fire, health, sanitation, and safety reports;

     
 

2.

misappropriating funds, supplies, or other assets of the District;

     
 

3.

handling or reporting money or financial transactions in an improper or illegal manner;

     
 

4.

directly or indirectly disclosing confidential and proprietary information to outside parties for personal gain;

 

5.

disclosing to other persons the purchasing/bidding activities engaged in or contemplated by the District so that any entity, person, or business has an unfair advantage in the purchasing/bid process;

     
 

6.

causing the District to pay excessive prices or fees where justification is not documented;

     
 

7.

accepting or offering a bribe, gifts or other favors when it appears that the bribe, gift or favor was intended to influence a decision that was or needed to be made;

     
 

8.

removing, destroying, or using records, furniture, fixtures and/or equipment (including, but not limited to, computers used in violation of) for personal gain;

     
 

9.

using local, State, or Federal funds for other than their designated and approved purposes;

     
 

10.

using District equipment or work time for any outside private business activity; or

     
 

11.

fraudulent claims activity involving the Districtís self-insured funds.

     
   

This list is meant to illustrate the types of activities that are prohibited, and is not intended to be all-inclusive.

     
 

D.

Investigation

     
   

Investigations shall be conducted and reported by the Office of the Inspector General, the Chief Auditor, the Office of Civil Rights Compliance, the Civil Investigative Unit, the Office of Professional Standards and School Police, pursuant to Board policies and procedures governing these entities. All investigations involving fraudulent claim activity involving the Districtís self-insured funds shall be conducted in coordination with the Districtís Anti-Fraud Task Force. All of these entities shall cooperate to prevent duplication of investigative efforts where possible.

     
   

Any investigation shall be conducted without regard for the length of service, position/title, or relationship of the individual who is alleged to have committed or concealed fraud.

 

E.

Confidentiality

     
   

The District will maintain confidentiality of reports of suspected misconduct and the investigation, to the extent consistent with the conduct of an appropriate investigation and the Districtís obligations under the Freedom of Information Act and F.S. Chapter 119. However, absolute confidentiality for reporting witnesses and investigation results cannot be guaranteed.

     
   

Except as authorized by the Superintendent the reporting witness and others interviewed shall not discuss the allegations or investigation with other District employees or officials, vendors, or contractors. Unsubstantiated allegations that are not privileged could harm an innocent individualís reputation and result in potential civil liability.

     
 

F.

Non-Retaliation

     
   

Individuals who, in good faith, report suspected fraudulent activity will not be subject to retaliation as a result of reporting the actual or suspected misconduct.

     
   

Individuals who knowingly make a false report of suspected fraud or fraudulent activity shall be subject to disciplinary action.

F.S. 119, 1001.32(2), 1001.41(1)(2), 1001.42(6)(12), 1001.43(10)

Revised 6/17/15

© Miami-Dade 2015