In its recent decision, Galvin v. Roxbury Community College, No. SJC-13754 (January 27, 2026), the Massachusetts Supreme Judicial Court (SJC) unanimously affirmed that the Massachusetts Whistleblower Act (MWA) affords protection to employees, even when they are involved in the wrongdoing to which they object.
Background
Under the Jeanne Clery Campus Safety Act, colleges and universities that receive federal financial aid are required to collect and disclose statistics for certain “reported” crimes, including sex offenses. In Galvin, the plaintiff employee, Thomas Galvin, served as the defendant college’s primary campus security authority and chief compliance officer for the Clery Act. As such, Galvin was responsible for making Clery Act disclosures.
In November 2010, Galvin learned of two complaints from a student, who alleged that she had been sexually assaulted by two college professors. Despite this knowledge, he failed to report the complaints at the direction of other college employees. In July 2011, Galvin reported his concerns and objections about the college’s failure to make Clery Act disclosures to Massachusetts’s Office of the State Auditor, which then notified the chair of the college’s board of trustees. In October 2011, Galvin submitted the college’s 2011 Clery Act report without including the two 2010 complaints. In July 2012, the college issued a negative performance evaluation of Galvin, based on his failure to comply with critical regulatory...
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