Whistleblower Protection Policy – Amended July 13, 2018
Phi Alpha Delta Law Fraternity, International (PAD) requires directors, officers, members, and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As agents, employees, and representatives of PAD, we must practice honesty and integrity in conducting our duties and responsibilities, including, but not limited to, complying with all applicable laws and regulations.
This Whistleblower Policy is intended to encourage and enable PAD members, employees, and others to raise or report serious concerns internally so that PAD can investigate, address, and correct any potential or actual inappropriate conduct and/or actions. It is the responsibility of all directors, officers, members, and employees to report concerns about suspected violations of PAD policies, laws, or regulations that govern PAD’s operations. Notwithstanding the foregoing, the responsibility to report shall not negate PAD’s obligation to investigate, address, and correct known or suspected potential or actual inappropriate conduct or actions.
It is contrary to the values and policies of PAD for any director, officer, member, or employee to retaliate against any person who reports a suspected violation of PAD policies or applicable laws or regulations, such as, but not limited to a complaint of discrimination, suspected fraud, or suspected violation of any policy, law, or regulation governing the operations of PAD. Any person who retaliates against another person who reported a purported violation is subject to discipline up to and including termination of employment.
Individuals should report complaints or concerns about suspected violations in writing to PAD’s Executive Director (ED), or other Executive Office staff who shall report the same to PAD’s designated Compliance Investigator, as defined below. The Compliance Investigator shall investigate all reported complaints and recommend appropriate action or dismissal of the complaint to the International Executive Board (IEB) by and through the ED. Employees with concerns or complaints may also submit their concerns directly to the ED or other designated person. The ED may adopt appropriate complaint forms, report forms, and other forms to compile information and facilitate the complaint process. In the event a complaint regards the ED, a person may report their complaint to another Executive Office staff person or IEB member.
Compliance Investigator and Procedure of Compliance Investigator
The International Justice with the advice and consent of the IEB will appoint the Compliance Investigator(s) for the biennium. The Compliance Investigator is responsible for ensuring that all complaints are investigated and resolved. The Compliance Investigator shall have the authority to view any PAD records in relation to a complaint, and to communicate with any individual persons that are the subject of a complaint or otherwise have knowledge relating to a complaint. The Compliance Investigator will advise the ED and/or the IEB of all complaints and recommend resolution, including discipline or dismissal of a complaint. He or she shall also report to the Treasurer on compliance activity relating to accounting or alleged financial improprieties. The IEB shall review each recommendation of the Compliance Investigator and act upon the same by enforcing the recommendation of the Compliance Investigator, enforcing discipline other than that recommended by the Compliance Investigator, or dismissing the complaint. The IEB’s decision is final.
Accounting and Auditing Matters
PAD’s Compliance Investigator shall immediately notify the Treasurer/Audit Committee of any concerns or complaint regarding corporate accounting practices, internal controls or auditing and work with the committee until the matter is resolved.
Acting in Good Faith
Anyone filing a written complaint concerning a violation or suspected violation of PAD policies or other applicable laws or regulations must act in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Allegations shall not be made for malicious purposes and shall not be made when known to be false. The reporting of false or malicious allegations may constitute grounds for disciplinary action against the reporting party.
Violations or suspected violations may be submitted on a confidential basis by the complainant. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. The identity of the complainant shall be made known to the Compliance Investigator for the purpose of investigation. The identity of a complainant shall be disclosed if required to do so by subpoena or court order by a court, or officer of the court, of competent jurisdiction.