Anyone can submit messages via the Ethics, Institutional Integrity and Community Coexistence Mailbox, whether or not they belong to the UB, regardless of their professional or contractual relationship or any other type of relationship with the University.
The UB’s bodies and units that handle situations potentially related to ethics, institutional integrity and community coexistence must channel communication via the Mailbox if they cannot find appropriate responses (or believe that they will not do so) via the internal channels established in accordance with organizational and legal requirements.
Any person who, believing that they have information about actions or conduct contrary to the ethical integrity of the public management and good governance of the UB, can report the matter via this mailbox.
Rights
Informants have the right to:
- A secure communication channel with guaranteed confidentiality.
- The effective protection of their privacy and anonymity. Their identity may not be revealed at any time, directly or indirectly, without their consent. This right extends to possible witnesses who are asked to verify the facts reported.
- The effective protection of their position in the workplace. The informant will not suffer reprisals, discrimination, or any other consequences related to their work involving harassment or any other form of negative treatment as a result of reporting the matter.
- A fact-checking process for the information provided unless there is proof that the report is unfounded.
- The provision of information throughout the procedure with any deadlines expressly stated.
- Identify a person of their choice to accompany them if they are summoned to appear.
- The prerogatives stipulated in article 62.4 of Law 39/2015 if the report is not anonymous.
Obligations
Informants must:
- Describe in as much detail as possible the conduct being reported and provide all available documentation or objective evidence to prove the allegations. No actions can be taken on the basis of mere opinion.
- Reasonably believe that the facts reported are true and to ensure that no reports are submitted in bad faith or in breach of the law. Anyone submitting a report in violation of the principle of good faith or in breach of the law may be liable in civil, criminal or administrative proceedings.
Protection of the information
The informant will not be subject to either personal or professional reprisals or adverse consequences, provided that the facts reported are plausible and that the informant is acting in good faith.
This refers to the person accused in the report of conduct(s) in breach of ethical integrity or the principles of good public management.
Rights
The person accused of the reported conduct has the right:
- For both the investigation of the allegations and the general management of the Mailbox to be handled with the utmost discretion.
- To be informed of the allegations if the report is deemed plausible unless there are solid grounds, in line with the principle of proportionality, for keeping the matter secret in order to verify the facts.
- To remain anonymous in recommendations or conclusions until they have had the opportunity to be informed of the allegations and to give a statement for the record.
- For the allegations and details of the case not to be shared with anyone until the checks carried out make it clear that the report is plausible and the reported conduct occurred. The person accused of the reported conduct will not necessarily be informed prior to passing details of the case to the competent judicial or disciplinary authority, to other University committees competent in matters of sexual or workplace harassment, or to the internal anti-fraud channel.
- To identify a person of their choice to accompany them if they are summoned to appear.
Obligations
The person accused of the reported conduct must cooperate in the fact-checking process, providing all the information and documentation at their disposal as requested by the body responsible for managing the Mailbox.
Protection of the person accused of the reported conduct
No recommendations or conclusions will be issued that directly or indirectly name the accused person until he or she has had the opportunity to be informed of the allegations and to give a statement for the record.
The allegations and details of the case will not be shared with anyone until the checks carried out make it clear that the report is plausible and the reported conduct occurred. The person accused of the reported conduct will not necessarily be informed prior to passing details of the case to the competent judicial or disciplinary authority, to other University committees competent in matters of sexual or workplace harassment, or to the internal anti-fraud channel.
The Ethics, Institutional Integrity and Community Coexistence Mailbox will be managed with the utmost confidentiality. This guarantee of confidentiality does not exclude the disclosure of disclosure of information to courts and tribunals that request it for legal purposes or to the Prosecutor’s Office for the purposes of its investigations.