Whistleblowing

The report can be submitted by natural persons connected to the University on the basis of one of the following legal relationships:

(a) employment relationship;

b) occasional, continuous or professional self-employment relationship, including consultants, also free of charge, and any other formalized collaboration relationship with the University, including the holders of: i) contracts for course units pursuant to Article 23 of Law no. 240/2010; ii) research grants, contracts or grants, including doctoral students; iii) "200 hours" student collaboration contracts;

c) employment relationship or collaboration with companies and third parties that provide goods or services or carry out works in favour of the University;

(d) traineeship and volunteering, including universal civil service workers;

e) assignment to carry out functions of administration, management, control, supervision or representation of the University, including student representation and external members of the Board of Directors, the Evaluation Committee and other bodies of the University.

The safeguards also apply to reports made:

- during the selection procedures and the establishment of the legal relationship with the University;
- during the probationary period;
-  after the termination of the relationship with reference to events that occurred during the period in which a legal relationship with the University was in place. 

The protections provided for the whistleblower are extended to the following subjects (Article 3, paragraph 5, Legislative Decree 24/2023):

1. internal facilitators, i.e. the natural persons who work within the University and who assist the whistleblower in the reporting process;

2. persons who have a legal relationship with the University and who are linked to the whistleblower by a stable emotional or family bond within the fourth degree;

3. co-workers of the whistleblower;

4. entities owned by the whistleblower or where they work or which operate in the same working context.

The reports must concern violations of regulatory  provisions (national or European), of which the whistleblower became aware in the context of university work.

In particular, only criminal, administrative, accounting or civil offences that harm the public interest or the integrity of the University can be reported. 

This is without prejudice to the application of the provisions on:

• classified information;
• legal and medical professional secrecy;
• protection of workers' rights and trade union prerogatives. 

Exclusions 

The secure computerised procedure may not be used to report mere irregularities. 

The rules introduced by Legislative Decree no. 24/2023 does not apply to reports:

1. related to a personal interest of the whistleblower relating exclusively to his or her individual employment relationships (such as discrimination between colleagues, interpersonal conflicts between the reporting person and another worker or with hierarchical superiors);
2. already compulsorily regulated by European Union acts or national implementing measures (for more information, see the lists referred to by theart. 1, paragraph 2, lit. bLegislative Decree. 24/2023);
3. in the field of national security.

The Regulation does not apply to anonymous reports. If the reports are of particular seriousness or are adequately substantiated and not manifestly contradictory, the University's Head of Corruption Prevention and Transparency turns to the offices or bodies competent to deal with reports and complaints other than whistleblowing in the ordinary way. 

If, during the course of the investigations or in subsequent communications, the identity of the anonymous whistleblower is identified, from the moment of identification, the safeguards provided for by Legislative Decree no. 24/2023 for whistleblowers.

Acts or measures that constitute retaliation against the whistleblower are null and void (Article 17, Legislative Decree 24/2023). 

The reporting party may report to ANAC any retaliation* that he/she believes he/she has suffered. 

*Retaliation: any behaviour, act or omission, even if only attempted or threatened, carried out as a result of the report and which causes or may cause unjust damage to the reporting person, directly or indirectly (Article 2, paragraph 1, letter m, Legislative Decree 24/2023).

Regulations for reporting wrongdoing in the University's work context (Whistleblowing policy) (D.R. rep. no. 5328/2023 of 20 December 2023)
Effective January 5, 2024

The whistleblower may make a report to the National Anti-Corruption Authority (ANAC) in the following cases:

1. the internal report sent to the University's RPCT was not followed up on time;
2. the whistleblower has reasonable grounds to believe that an internal report would not be effectively followed up or could lead to a risk of retaliation;
3. The breach could constitute an imminent or obvious danger to the public interest.

 As a last resort, the reporting person may resort to public disclosure of violations, only if:

1. has previously made a report to the RPCT of the University and a report to ANAC or directly a report to ANAC, when the conditions are met, and has not been responded to within the prescribed deadlines;
2. has reasonable grounds to believe that the breach constitutes an imminent or obvious danger to the public interest;
3. has reasonable grounds to believe that the report to ANAC may entail the risk of retaliation or may not be followed up effectively, due to the specific circumstances of the specific case (e.g. risk of concealment or destruction of evidence, well-founded fear that the addressee of the report is colluding with the perpetrator or directly involved in the implementation of the infringement).