938 861 222
What is it?
The Ethical Channel of Balmes University Foundation is a secure channel of communication that emerged to offer a space for information about any action or omission that is contrary to the principles of good governance. This channel has the guarantees that any internal information system must offer in accordance with Law 2/2023, of February 20, on the protection of persons who report violations of the law and the fight against corruption. It is a means of conflict prevention and resolution that includes mechanisms to guarantee anonymity and confidentiality and offers a communication space in which it is guaranteed that no reprisals will be suffered.
Specifically, in accordance with the aforementioned law, the conduct that can be addressed is that which may constitute a violation of European Union law or a serious or very serious criminal or administrative offence. Communications may be complaints or any information that aims to warn of unlawful conduct and/or conduct that goes against institutional ethical values and practices.
In the exercise of functions relating to the Ethical Channel, the responsible committee acts independently, without being subject to hierarchical orders that influence its performance, especially with regard to maintaining the confidentiality of the personal data that is processed.
To avoid bad practices in the use of the channel, strict criteria are applied to determine whether communications are accepted. The principle of good faith cannot be violated.
Objectives
The purpose of the Ethical Channel is to promote and improve compliance with ethical and good governance principles or rules within the framework of the Balmes University Foundation and university management.
At the same time, the channel makes it possible to communicate and bring to the attention of the institution actions that go against the law, the principles or the ethical rules and good governance and administration determined in the current regulatory framework and to protect the people who report or warn of actions or omissions relating to regulatory non-compliance in a work or professional context, in the face of possible reprisals.
Scope of action
Actions or omissions that occur within the scope of action of the Balmes University Foundation can be communicated or reported through the Ethical Channel.
People who have obtained information about infractions in a work or professional context can send communications to the Ethical Channel, in particular:
- Any member of the governing bodies of FUBalmes or UVic-UCC
- All teaching and research staff and administration and service staff hired by FUBalmes
- The student body and student associations of the faculties and schools owned by FUBalmes
- Suppliers, collaborators and sponsors who have a contract or relationship with FUBalmes
- Any person who works for or under the supervision and direction of contractors, subcontractors or suppliers of FUBalmes
- Any person who has had an employment relationship with FUBalmes that has already ended, volunteers, grantholders, trainee employees regardless of whether they are paid, and those whose employment relationship has not yet begun
Requirements for a complaint or communication to be accepted
For a communication to be accepted, the following requirements must be met in the face of possible retaliation:
- Describe in as much detail as possible the conduct that is being reported.
- Describe in the most detailed way possible the conduct that they are reporting and provide all the available documentation about the situation that is reported, or objective indications on how to obtain the evidence, since action cannot be taken based only on opinions.
- Have a reasonable belief about the certainty and veracity of the information communicated.
- Be formulated in good faith and without abuse of rights.
Communications are not accepted that:
- are without foundation or are obviously false,
- are based exclusively on opinions,
- breach any of the conditions set out in the FUBalmes Ethical Channel Regulations.
How it works and how communication is monitored
Once the communication has been submitted through the Ethical Channel, the person communicating it is sent acknowledgment of receipt with a registration code. This code is the only identifier that allows access to this channel and it is the responsibility of the informant to keep it.
At all times it is guaranteed that communications made through the Ethical Channel will be confidential and anonymous.
If the communication is accepted for processing, the competent body makes an initial assessment of the facts. Then, the appropriate verification tasks are initiated to check the veracity and accuracy of the facts that have been communicated.
All the proceedings, checks and actions that are considered appropriate to clarify the facts can be initiated, always taking into account the principles of consistency, necessity, proportionality, speed, effectiveness and procedural economy.
Once the verification tasks have been completed, the competent body issues a report that can have two types of resolutions. If the reported conduct cannot be proven or if this behaviour does not constitute an infringement, the proceedings are ordered to be archived. When the facts may be indicative of a crime, the body responsible for the Ethical Channel must immediately send all the information it has to the Spanish Public Prosecutor’s Office.
Anonymous communications
The mailbox guarantees at all times the confidentiality of communications and the indemnity of the informant. Individuals can provide their identifying and contact details or, if they prefer, they can communicate anonymously. This last option is recommended for people who want to preserve their identity.