Whistleblower Policy

Policy Statement

SelfDesign Learning Foundation is committed to observing high standards of business and personal ethics in the conduct of their duties and responsibilities, practicing honesty and integrity in fulfilling responsibilities and complying with all applicable laws and regulations.

Definitions

Whistleblower – a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, or fraudulent. 

Policy

SelfDesign Learning Foundation will expediently and thoroughly investigate and take corrective action against any serious violation of its policies and responsibilities, ensuring that when a learner, family, contractor, volunteer, or representative of SDLF (hereby referred to as the “complainant’’)  has reasonable grounds to believe that a contractor, volunteer, or representative of SDLF has committed, or is about to commit, financial, or other, wrongdoing:

1. The complainant may disclose this information through the process that commences according to this policy’s protocol;
2. The respondent will be protected from reprisals;
3. The subject of the disclosure will be provided with an opportunity to respond to the allegations;
4. All parties to an investigation will be treated fairly and equitability;
5. Confidentiality will be maintained to the greatest extent possible;
6. If wrongdoing is found, appropriate remedial and disciplinary actions will be taken.

Protocol

Confidentiality

Maintaining confidentiality is important to SelfDesign Learning Foundation. The organization will attempt to keep these complaints confidential to the extent possible, consistent with the need to conduct an adequate investigation, with only those who absolutely have to be informed included in the communication. The organization shall notify the complainant if any circumstances arise where confidentiality may not be maintained.

If applicable, provincial and federal legislation, including those under the Personal Information Protection Act (PIPA), will take precedence over the complainant’s request for confidentiality.

False and Malicious Allegations

Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense and appropriate disciplinary actions will be taken.

File Management and Record Keeping

A record of all complaints received will be retained on file by the Director of Human Relations. Files will include the original complaints as well as all other relevant notes and documents, such as signed and dated testimonies. The files will be kept separate from existing contractor files.

Improper Conduct or Wrongdoing

Includes, but is not limited to, activities that:

• Are unlawful or not in compliance with any laws or regulations to which SelfDesign Learning Foundation (SDLF) is subject
• Do not adhere to SDLF’s accounting and internal control procedures and policies
• Do not adhere to SDLF’s policies, especially Human Resource policies, or any other program/department operating policies and protocols
• May amount to fraud or corruption
• Reflect a real or perceived conflict of interest
• Represent the unauthorized use or misuse of SDLF funds or property
• Constitute unethical or improper conduct or abuse

Reporting Responsibility and Investigation Process

Anyone with concerns or complaints regarding improper activities as listed within this policy, are expected to share their concerns by submitting a written statement, with supporting evidence attached, to the President & CEO of SelfDesign Learning Foundation (SDLF). The complainant may use the reporting form. The written report may be submitted to:

• Via email to ceo@selfdesign.org
• By mail to the CEO:
  • PRIVATE & CONFIDENTIAL
    SelfDesign Learning Foundation
    PO Box 74560 RPO Kitsilano
    Vancouver, B.C.  V6K 4P4   Canada

In the event that the complaint pertains to the CEO, the complaint should be made in writing to the SDLF Board Chair and the Treasurer. The Board of Directors will either conduct their own investigation and communication process or the Board of Directors may, at their own discretion, contract a third-party to conduct and complete the investigation. The written report may be submitted to:

• Via email to the SDLF Board Chair at board@selfdesign.org

When SDLF receives the complaint they will:
In the event that a complaint requires immediate action because of a significant health or safety concern, or if the issue behind the complaint can damage the organization’s reputation, SDLF will take immediate necessary action, and continue to undertake the steps necessary to address the complaint.

1. Provide the complainant with an acknowledgement of receipt within 5 business days of receiving the complaint.
2. Investigate the complaint and take any action necessary to address the subject matter of the complaint. This action could include the appointment of a designated investigator who could be internal or external to the organization. SDLF anticipates that many concerns may be sufficiently addressed through common problem-solving processes.
3. Within 30 days of receiving the complaint, provide a written report to the complainant addressing the complaint and any action taken. The report will include the following:
   1. The allegations as presented by the complainant
   2. A statement of all relevant findings of facts and the evidence relied upon in reaching any conclusions
   3. The conclusions reached (including the damage cause, if any, and the impact on the organization and other affected parties) and their basis
   4. Recommendations based on those conclusions to address any wrongdoing identified and any other matters arising during the investigation

When the complainant receives the written report they will:

1. Notify SDLF in writing within 15 days as to whether they are satisfied or dissatisfied with the reply.
   If the complainant does not respond, a follow up written communication will be sent within 10 days of sending the findings, and if still no response is received, the complaint will be considered resolved.
2. If the complainant feels that their concern was not adequately addressed or if the complainant did not get a reply within the 30-day period, the complainant should contact the SDLF Chair in writing, resubmitting the complaint and attaching all information available. The complainant should also state the reasons why they are not satisfied with the earlier reply.

When SDLF receives this subsequent complaint they (the Chair) will:

1. Conduct a merit assessment of all complaints received and assess the need to proceed with a formal investigation. The Chair will report back to the complainant within 30 days of receipt as to whether a formal investigation will be undertaken. The assessment will be made on the basis of evidence that supports the complaint.
2. If a formal investigation is undertaken, the SDLF Chair has the responsibility to undertake any action necessary to ensure a complete and fair investigation.

No Retaliation

No person who files a complaint shall suffer retaliation. A contractor, volunteer, or SelfDesign Learning Foundation (SDLF) representative who retaliates against someone who has reported a complaint in good faith is subject to discipline up to and including termination of a contract or association with SDLF. Conversely, anyone filing a complaint must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the SDLF’s legal, financial, regulatory, and ethical responsibilities.

Principles of Fair Investigation

Objectiveness and avoidance of bias are to be observed throughout an investigation. This serves to protect the rights of everyone involved and will help enhance public confidence in the process. The following will be observed:

• All relevant parties must be informed of the complaint, should be heard and their submissions considered.
• The investigator must be impartial in assessing the credibility of the respondents/witnesses. Where appropriate, conclusions as to credibility should be included in the investigation report.
• The investigator will not have a personal or direct interest in the matter being investigated.
• An investigator may, at the discretion of the President, CEO, and/or the SelfDesign Learning Foundation Board Chair, be conducted by an individual internal or external to SelfDesign Learning Foundation.

Protecting the Person who is the Subject of a Complaint

The welfare of the person who is the subject of a complaint should not be ignored and steps will be taken to avoid unnecessary harm to that person and where possible, the protection of identities. At the earliest possible opportunity, the person should be given an opportunity to respond to the generalities of the allegations made against them.

Where possible, support will be given to the person either through an internal contact or if required an external/third party appointed and/or contracted by SelfDesign Learning Foundation (SDLF).

In the event that the complaint is found to have grounds, the complainant, if a contractor, will be provided with support from the SDLF Director of Human Relations.