Your responsibilities under federal law

If you are a UVM employee (faculty or staff), or if you are a contractor hired to perform a service for, or provide supplies to, UVM, 

READ THIS! 

The U.S. government has implemented a zero-tolerance policy prohibiting trafficking in persons, including sex trafficking, forced labor, and related activities. As recipients of federal funds, either directly or through subcontracts or subawards, the University of Vermont is obligated to ensure that employees and contractors are informed about these regulations. While individuals working on research may be more likely to encounter potential red flags, these rules apply to everyone. Human trafficking can be suspected in many contexts, and anyone who suspects it must report it. This Compliance Alert provides additional information. Relevant provisions can be found at 2 C.F.R. §175.15 and 48 C.F.R. §52.222-50. 

Summary: 

Human trafficking is illegal under both federal and Vermont state law. If a UVM employee or contractor suspects human trafficking, they must report it. The FAQ section below provides a comprehensive overview of the legal framework, compliance measures, available reporting mechanisms, and tips on what to look out for. By adhering to the guidelines and recommendations outlined in this compliance alert, we can play a crucial role in the global fight against human trafficking, ensuring the protection and dignity of vulnerable individuals. There may be additional requirements based on the amount of the funding and your role but, at the very least, if you see or suspect someone is the victim of human trafficking, say something. Whether you're required to report it under federal law—or you’re simply doing what's right—reporting suspected human trafficking is an obligation we all share. 

FAQ’s:

What is "Human Trafficking"?

Human trafficking involves recruiting, harboring, transporting, or obtaining a person for labor or commercial sex acts through force, fraud, or coercion. 

What are some examples of human trafficking in the higher education or research context? 

If you suspect that someone is: 

  • engaging in trafficking while performing services or performing research that is funded by a government program; 

  • procuring commercial sex acts while performing services or performing research that is funded by a government program; 

  • destroying or denying access to an individual’s identity documents or their immigration documents; 

  • using forced labor or requiring that individual’s work for little to no compensation; 

  • misleading or using fraudulent practices when recruiting employees, students, or research subjects, such as failing to disclose key terms or conditions of employment (e.g., wages and benefits, the location of work, costs charged to the employee, or the hazardous nature of the work); 

  • using recruiters that violate labor laws of the country in which the work or the recruiting takes place; and 

  • charging employees, students, or research participants recruiting fees. 

Who is responsible for compliance?

Combatting human trafficking applies to all University employees, researchers, students, volunteers, contractors, subcontractors, and sub-recipients who participate in federally funded research projects or receive, directly or indirectly, federal or state funding.

What are signs I should look out for?

Anyone can experience trafficking in any community, just as anyone can be the victim of any kind of crime. Many societal factors can put people at risk. Traffickers recognize and take advantage of people who are at-risk. More information on what to look out for can be found on the National Human Trafficking Hotline website.

What are the notification requirements?

Under the regulations, if the funding meets the thresholds described below, you must notify personnel (working on the award or otherwise receiving the funding) of the “Zero Tolerance Policy”. You can do this by sharing this Compliance Alert. Since most thresholds will be met through research projects, this means that Principal Investigators (PIs) need to ensure that all individuals working on their sponsored project have been notified that the government has a zero-tolerance policy.  

What are the dollar amount thresholds?

It is going to be either $500,000 or $550,000 depending on the type of agreement. If funding is under a grant or cooperative agreement and if the services will be performed outside of the U.S., the threshold is met when you expect the amount will exceed $500,000. 

If it is a contract for supplies or for services to be acquired or performed outside of the U.S. and it is expected to exceed $550,000, that is the threshold. 

What else do I need to do?

Once you’ve determined that your receiving funding for either a grant or cooperative agreement that is expected to exceed $500,000 or a federal contract for services or supplies that is expected to exceed $550,000, you must also implement a compliance plan to combat human trafficking and, if requested, you must certify this implementation. If related to research, the PI should contact Research Integrity as soon as they identify that the funding may exceed the threshold. While it is extremely rare, if the funding is not related to research, the responsible person should immediately contact the Office of Compliance Services (email link). 

How do I know what a compliance plan is?

A draft compliance plan template can be found on the SPA Forms Library. 

How do I report a suspected violation?

If you believe a crime is in progress or that someone is in immediate danger, call 9-1-1 or use UVM’s CATSafe app. 

Otherwise, if it’s a non-emergency situation, report to the Office of Compliance & Privacy Services via the HelpLine, via email, or call 802-656-3086. 

You can also report to the state via the Vermont Human Trafficking Hotline (PDF) at 1-888-984-8626 (1-888-98HUMAN) or to the National Human Trafficking Hotline via any of the following methods: 

If a suspected violation or credible information is received and federally or state funds are involved, regardless of the source of the allegation, PI’s or other responsible people must notify the University. If related to research, notify Research Integrity. Research Integrity will notify the federal Grant or Contracting Officer and the agency Inspector General immediately. If unrelated to research, notify the Office of Compliance Services (email link) who will work with you and with the Office of General Counsel to determine the appropriate notification requirement. 

What are the consequences for violations?

PIs or other responsible officials must also explain the consequences of violations, including but not limited to, reporting to authorities, removal from award activities, or suspension or termination from employment. Disciplinary action for represented staff and faculty will follow the disciplinary guidelines outlined in the applicable collective bargaining agreement. 

Where can I find additional information?