Grant Mandatory Disclosures Policy

Policy Name: Grant Mandatory Disclosures Policy

Owner: Vice President for College Advancement

Author: Director of Foundation & Government Resources

Contact information:  Amanda Abrahamson Roseth, aabrahamson@css.edu

Effective Date: August 1, 2023

Next Review Date:

Applicable Laws, regulations, compliance: 2 CFR 200.113

I. Purpose

The College must promptly disclose to Federal agencies whenever it has credible evidence of the commission of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations or a violation of the civil False Claims Act in connection with a Federal award (including any activities or subawards thereunder), as well as any civil, criminal or administrative proceedings, as outlined in 2 CFR 200.113 and Appendix XII to Part 200. The purpose of this policy is to ensure compliance with the requirements for mandatory disclosures outlined in 2 CFR 200.113. The mandatory disclosures outlined in this policy are conditions of accepting Federal awards. Failure to make required disclosures can result in action against the College including suspension or debarment.

II. Definitions

  • Administrative proceeding – A non-judicial process used to make a determination of fault or liability. This does not include audits, site visits or corrective plans.
  • Federal Award – An award of Federal financial assistance that CSS receives from a Federal agency.
  • Conviction – Judgment or conviction of criminal offense by a relevant court.
  • Gratuity violation – The acceptance or giving of anything of value to any public official (or person who has been selected to be a public official) in return for or because of any official act performed or to be performed by that official. The acceptance of unsolicited gifts of nominal value is not considered a gratuity violation.
  • Credible evidence – Evidence that is worthy of belief; trustworthy evidence.
  • Civil False Claims Act (FCA) – Imposes liability on any person who knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval to the Federal government, knowingly makes or uses a false record or statement material to a false or fraudulent claim, or conspires to commit such violations. The FCA also includes provisions for whistleblower (qui tam) actions and protects whistleblowers from retaliation.

III. Policy

The College of St. Scholastica will promptly disclose to the awarding agency, the agency's Office of Inspector General, and the pass-through entity (if applicable) in writing any of the following items that occur and impact or may impact a Federal award.

  • Notice of suspension or debarment of any CSS employee, contractor, subcontractor, or other individual otherwise associated with the federal award.
  • Credible evidence of the commission of violations of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code.
  • Violations of the civil False Claims Act (31 U.S.C. 3729-3733)
  • A criminal proceeding that resulted in a conviction.
  • A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, resolution, or damages of $5,000 or more.
  • An administrative proceeding that resulted in a finding of fault and liability and payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000.

All employees of The College of St. Scholastica must notify the Foundation & Government Resources office of such items in connection with a grant award promptly and within no more than 30 days. Human Resources and Finance staff will have a specific responsibility to notify Foundation & Government Resources of any violations they are aware of that are in connection with a Federal award (including any activities or subawards thereunder).

Foundation & Government Resources will coordinate the submission of appropriate disclosures to the respective Federal agency, the agency's Office of Inspector General, and the pass-through entity (if applicable) promptly and within no more than 60 days of the violation. Foundation & Government Resources will also disclose such occurrences connected with non-federal awards as required by the awarding agency. All disclosures will be reviewed by the Office of the President before submission.

IV. Individuals and entities affected by this policy

  • Foundation & Government Resources
  • Finance
  • Human Resources
  • Employees working on or with Federal awards 

V. Related documents, forms, and procedures 

Contact the Foundation & Government Resources office at grants@css.edu 

VI. History and updates

The College reserves the right to modify policies at any time, ensuring the involvement of relevant committees and constituents in the decision-making process (e.g., policy committee, faculty assembly, staff council, student government association, etc.).

Print Article