Procedure No. 30.5

Mandatory Disclosures of Violations of Criminal Law

Area: General Administration

Governance: President’s Cabinet

Responsible Executive Authority: Vice President of Institutional Effectiveness and Chief Strategy Officer

Adopted: 11/1/2021

Revisions Approved: 4/27/2022

Per 2 CFR Part 200, §200.113 (see full text below), Atlantic Cape Community College is obligated to disclose any violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. The Office of the Vice President of Institutional Effectiveness and Chief Strategy Officer must be notified within fourteen (14) calendar days in the event of any such violations. The Vice President of Institutional Effectiveness and Chief Strategy Officer, or approved designee, shall review and investigate the reported violation. If the reported violation is confirmed to be a reportable violation of Federal law, then the Vice President of Institutional Effectiveness and Chief Strategy Officer will disclose in writing to the Federal awarding agency, SAM, or pass-through entity, as applicable, the reportable violation of Federal law. This written disclosure must be completed within a timely manner in accordance with 2 CFR Part 200, §200.113.

§ 200.113 Mandatory Disclosures

The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award including the term and condition outlined in appendix XII to this part are required to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200.339.