Procedure for the Reporting of Serious Malpractice and Abuse
The Students’ Union, like all other public bodies, has a duty to conduct its affairs in a responsible way and to take into account the requirements of funding bodies as well as the standards in public life enunciated in Lord Nolan’s Reports. In addition the Students’ Union, in line with the institution, is committed to the principles of best practice, embodied in its charter and therefore to permit staff to speak freely and without being subject to disciplinary sanctions or victimisation, about standards and related matters, providing that they do so lawfully, without malice, and in the public interest and in a way which respects proper confidentiality.
Members of the Students’ Union and those who work within the Students’ Union are probably the first to know on the infrequent occasions when things are going seriously wrong in the Students’ Union, whether these things relate to financial malpractice, the abrogation of proper procedures, or departures from the statutory or other requirements for good governance (collectively referred to in this document as “Concerns”).
Channels exist through which such Concerns can be raised in an informal and relatively low key way. But members of staff may feel that their own position in the Students’ Union could be jeopardised if they raise such Concerns in this manner and sometimes the usual channels may be inappropriate. Members of staff may, therefore, choose to raise a Concern in the first instance with the Union Director, other than their line manager, or with a trade union representative or another colleague and ask that person to bring the matter forward.
Those who become aware of a Concern and who feel after following any informal consultation that the Concern should be formally reported and investigated (Whistle-blowers) should follow the procedures set out in this document. The procedures are intended to deal with serious Concerns (whilst respecting the fact that precise definitions may prove difficult), rather than to address trivial Concerns. The document does not relate to alleged grievances and disputes between individuals or with complaints made by students which will be dealt with in accordance with the established procedures.
Concerns about an individual’s financial conduct should be made known to the CEO. This person shall make a preliminary investigation of such Concerns and report any findings and conclusions in writing either to the Chair of the Trustee Board.
The CEO may appoint another person to undertake the preliminary investigation, provided that the findings and conclusions of the person so appointed shall be reported to, and endorsed by, the CEO before the report is made to the Trustee Board.
However, where a Concern relates to the CEO, the Concern should be made known to the Chair of the Trustee Board.
In all cases above, the person to whom a Concern has been made known shall acknowledge its receipt in writing to the Whistle-blower at his/her home address, and record the subsequent action taken.
If on preliminary examination the Concern is judged to be wholly without substance or merit, it shall be dismissed. If it is judged that a prima facie case may exist, the matter shall be dealt with in accordance with the Students’ Union’s normal disciplinary procedures or as otherwise may be deemed appropriate according to the nature of the case.
In all instances in which a Concern leads to disciplinary proceedings, the person or persons in respect of whom it is made shall be informed of the Concern and the evidence supporting it and be allowed to comment on it before the proceedings are concluded. All Concerns, including those dismissed after preliminary examination, and the outcome of their investigation shall be reported to the Trustee Board. The outcome of all Concerns raised shall also be reported to the Whistleblower.
The following stipulations and conditions shall also apply: ?
- All reasonable steps shall be taken to deal with the matter as expeditiously as possible. ?
- All reasonable steps shall be taken to protect the confidentiality of Whistle-blowers unless they waive their rights to confidentiality or unless the person or persons dealing with a Concern determine(s) that confidentiality is incompatible with the implementation of fair disciplinary proceedings or that there is otherwise an overriding reason for disclosure. Persons raising a Concern shall be informed if for whatever reason their anonymity is not to be maintained. ?
- Any reprisals against or victimisation of a Whistle-blower shall be treated by the Students’ Union as a serious disciplinary matter.
Unless it is established that the reporting of a Concern has been made for malicious or frivolous reasons, the employment position of persons making the reportshall be fully protected. However, it should be noted that no protection from internal disciplinary procedures is offered to those who do not use this Procedure.