The procedure for whistleblowers reporting cases of law violation at the University of Warsaw and for undertaking follow-up actions

The procedure for whistleblowers reporting cases of law violation at the University of Warsaw and for undertaking follow-up actions

  1. When you can file a report:

1) If you are:

 

  1. a) an employee of the University, including where the employment relationship has already terminated,
  2. b) a person applying for employment at the University who becomes aware of law violation during the recruitment process or pre-contract negotiations,
  3. c) a person providing work for the University on a basis other than employment, including under a civil law contract,
  4. d) an entrepreneur performing services for the University,
  5. e) a person providing work under the supervision and direction of a contractor, subcontractor or supplier to the University, including under a civil law contract,
  6. f) a member of the University authority,
  7. g) an intern, trainee and volunteer at the University;

 

2) You have obtained information in connection with your work for the University of Warsaw that the law has been violated.

 

3) The case of law violation concerned one of the areas listed in the Whistleblower Protection Act.       

 

This means that it was an unlawful act or omission or a circumvention of the law concerning: (1) corruption; (2) public procurement; (3) financial services, products and markets; (4) counteracting money laundering and terrorist financing; (5) product safety and compliance; (6) transport safety; (7) environment protection; (8) radiological protection and nuclear safety; (9) food and feed safety; (10) health and welfare of animals; (11) public health; (12) consumer protection; (13) privacy and protection of personal data; (14) security of networks and IT systems; (15) financial interests of the State Treasury of the Republic of Poland, local government units and the European Union; (16) the internal market of the European Union, including public law competition and state aid rules as well as corporate taxation; (17) constitutional freedoms and human and citizen’s rights – occurring in relations of an individual with public authorities and not related to the areas indicated above.

 

 

  1. A report of law violation shall include:

1) your name and surname;

2) your postal address or e-mail address;

3) a statement on the relationship between you and the University;

4) the information on law violation taking into account:

  1. a) the date and place of the incident,
  2. b) its duration,
  3. c) its circumstances;

5) the personal data of the person concerned by the report of law violation;

6) an indication of evidence supporting the facts described in the report of law violation, including the identification of possible witnesses;

7) the personal data of the persons assisting in making a report of law violation and the personal data of the persons associated with the whistleblower if they have an employment relationship with the University;

8) information on whether the case of law violation has already been reported before and if so, where.

 

III. A report of law violation may be filed:

1) by e-mail to the following e-mail address: sygnalista@adm.uw.edu.pl;

2) in writing, in a sealed envelope addressed to the Section for Whistleblower Protection (at the UW Legal Office), marked „confidential”;

3) by phone at the following phone number: +48 22 55 20 302;

4) in person at the Section for Whistleblower Protection, by prior appointment.

 

If a report or public disclosure is made, knowing that no law violation has occurred, the legislation provides for a fine, restriction of liberty or imprisonment for up to two years.

From the moment you file a report, you will gain whistleblower status, which means:

1) we will ensure that the confidentiality of the information covered by the report is protected, including your identity, the person to whom the report relates and the person named in the report.    
Only authorised employees who have been given a duty of confidentiality will be allowed to process your report.

2) within 7 days we will confirm that we have received your report and forward it for verification.

3) you will receive feedback upon completion of the follow-up actions, but no later than 3 months after the acknowledgement of receipt of your report. We will inform you than about any follow-up actions undertaken or planned.

Filing a report or making public disclosure cannot constitute grounds for liability, including disciplinary liability or liability for damages for violation of the rights of others or obligations set out in law,        in particular on the subject of defamation, infringement of personal rights, copyright, protection of personal data and the obligation of secrecy, including business secrets, provided that the whistleblower had reasonable grounds to believe that filing a report or making public disclosure was necessary to disclose the case of law violation in accordance with the Act.

  1. How we handle the report

If the report of law violation meets the formal requirements, a Team is appointed.

The Team shall undertake actions to assess the veracity of the allegations contained in the report of law violation; it may in particular:
1) require the University employees to provide access to documents or materials necessary to establish the facts of the case;

2) invite the witnesses indicated by whistleblower to the Team’s meeting and listen to them;

3) invite to the Team’s meeting the University employees or other persons and hear from them about circumstances relevant to the determination of the facts of the case,

provided this does not conflict with the provisions of generally applicable law.

The Team prepares a report. The chairperson of the Team files the report with the Rector who then shall decide on undertaking follow-up actions (actions the aim of which is to counter the law violation which is the subject of the report). Then the Rector files with the Team information on the follow-up actions undertaken.

 

Once the Team has received information from the Rector on the follow-up actions undertaken, the Secretary of the Team provides feedback to the whistleblower in writing or electronically, including:

1) the date on which the procedure was completed;

2) an indication of whether there is a reasonable suspicion of law violation;

3) a description of the follow-up actions undertaken or to be undertaken, with justification.

 

  1. What are the conditions for you to be provided with protection

The whistleblower shall have reasonable grounds to believe, being the subject of the report or public disclosure (making public the case of law violation) the information is true at the time of filing the report or making public disclosure, and that it constitutes information of law violation. Protection shall be granted from the moment of filing the report or making public disclosure.

Measures for the protection of whistleblowers who report or disclose to the public any information on cases of law violation 

1) prohibition of undertaking any retaliation actions (e.g. prohibition of termination of employment);

2) reversed burden of proof (the retaliator will bear the burden of proof that the action taken is not retaliatory);

3) compensation for committing retaliation;

4) prohibition on waiving the protection adopted by the Act.

  1. Protection of personal data provided as part of the report

The personal data processed in conjunction with report received shall be protected under the terms of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as the „GDPR”), as well as in internal data protection regulations in force at the University.
VII. It is also possible to report law violation through external channels

An obligation has been placed on public authorities to establish an external reporting procedure, as well as the obligation to issue a certificate that the whistleblower is subject to the protection provided by the Act, in the event that the whistleblower makes such a request.

The public authority will also:

  • accept reports;
  • forward them in accordance with their jurisdiction when the report will not be within its jurisdiction;
  • deal with reports which will fall within its jurisdiction;
  • undertake follow-up actions;
  • provided feedback to the whistleblower.

In addition, a public authority will be required to keep a register of external reports and annual reports containing data on external reports.

 

  • Tasks of the Commissioner for Human Rights

The role of the Commissioner for Human Rights is to receive external reports, including initial verification of the report and taking the case forward by referring it to a public authority competent to undertake follow-up actions, or – regarding the constitutional freedoms and rights of the human being and of the citizen – to consider the report and undertake follow-up actions.

You may contact the Commissioner for Human Rights at the following e-mail address: biurorzecznika@brpo.gov.pl

Additionally, the Commissioner for Human Rights will provide whistleblowers with support measures (e.g. advice on rights and remedies).

The Commissioner for Human Rights has also been given the responsibility to draw up an annual report on external reports (based on reports received from public authorities) and submit it to the European Commission and the Parliament and the Senate.