27B-8-43. Retaliation against whistle-blower forbidden--Definition.
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/sd/title-27/chapter-27-8/27b-8-43A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No agency, community service provider, facility, or school may retaliate against any staff who reports in good faith suspected abuse, neglect, or exploitation, or against any person with a developmental disability with respect to any report. An alleged perpetrator cannot self - report solely for the purpose of claiming retaliation. There is a rebuttable presumption of retaliation for any adverse actions taken within ninety days of a report of abuse, neglect, or exploitation.
Adverse action means only those adverse actions arising solely from the filing of an abuse report. For the purposes of this chapter, adverse action means any action taken by a community service provider or facility against the person making the report or against the person with a developmental disability because of the report and includes:
(1)Discharge or transfer from the community service provider or facility except for clinical reasons;
(2)Discharge from or termination of employment;
(3)Demotion or reduction in remuneration for services; or
(4)Restriction or prohibition of access to services and supports or the persons served.