Alert referent
INTERNAL WHISTLEBLOWING SYSTEM / WHISTLEBLOWER PROTECTION
WITHIN AVIGNON UNIVERSITY
Device set up according to the obligations prescribed by
- Law 2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernisation of economic life;
- Decree No. 2017-564 of 19 April 2017 on the procedures for collecting whistleblower reports from legal persons under public or private law or from State administrations;
- the order of 3 December 2018 on the procedure for collecting whistleblowers' reports within the Ministry of Higher Education and Research.
In a nutshell:
You have witnessed serious incidents in your professional environment. You can report them to the University's alert referent without fear of reprisals and disclosure of your identity,
provided that :
- Meet the definition of a whistleblower,
- Follow the reporting procedure,
- Disclose only the information necessary to process the alert.
THE WHISTLEBLOWER
Any natural person, public servant (permanent or trainee civil servant, contract worker, apprentice), permanent or occasional external collaborator (administrative or teaching contractors, service providers) who :
- acts in a selfless manner;
- is in good faith;
- had personal knowledge of the facts.
THE SERIOUSNESS OF THE FACTS
The gravity of the facts reported is an essential condition for the admissibility of the alert
Examples: threats or serious harm to the public interest, crimes and offences such as: aggravated theft, rape, torture, assault, fraud, corruption, misuse of company assets, breach of trust, illegal taking of interest, moral or sexual harassment, discrimination, etc.).
Only you can assess the seriousness of the facts you are going to report.
For matters not covered by this scheme, your other contacts at within Avignon University are :
- Mediator : Jean-yves BOREL jean-yves.borel@univ-avignon.fr
- Secularism referent : Michael BARDIN referent-laicite@univ-avignon.fr
- Harassment :
- moral (Psycho-Social Risks): Clarisse Vermès clarisse.vermes@univ-avignon.fr
- VSS: witness vss@univ-avignon.fr (no anonymity); victim or witness signalling.univ-avignon.fr (anonymity possible)
You can also contact the Human Rights Defender :
THE PROCEDURE
- Obligation to contact the University's warning officer or your line manager.
- Alert only by post.
- Double envelope system :
First envelope (outer envelope), marked "personal and confidential" and the address of the referee: Ms Christina Koumpli - Alert Referent, Avignon University, 74 Rue Louis Pasteur, 84029 Avignon France.
Second envelope (inner envelope) includes: On the first exchange, the words "alert under the Act of 9 December 2016" and the date of transmission;
For other exchanges, the file number communicated.
- You provide information and documents to support the report and your personal knowledge of the facts.
- You indicate your identity, non-business address and post office box.
- If you wish to remain anonymous, the alert will be handled under stricter conditions (v. charter).
PROTECTION
As a result of your report :
- You cannot be dismissed, punished or discriminated against directly or indirectly (nullity of retaliation);
- You benefit from an adjustment of the burden of proof and reinstatement in employment;
- You are not criminally liable in case of disclosure of a secret protected by law (professional secrecy);
- Disclosure of your identity without your consent, except to the judicial authority, is punishable by law;
- You have full rights to the protection of your personal data;
- Preventing you from making your report, as well as suing you for defamation, are actions that are punishable by law.
In case of abusive reporting, or reporting with intent to harm, or constituting a criminal offence (e.g. defamation), the reporter is no longer protected: you may be held civilly liable and also subject to disciplinary sanctions and legal proceedings.
THE REFERENT ALERT
- Guarantees your confidentiality throughout the procedure and until its closure (except in the case of abusive reporting see above);
- Acknowledge receipt of your report ;
- Specifies the processing time taking into account the content of the alert;
- May request additional evidence (processing time is from receipt);
- Assess the seriousness of the alert and inform you of its admissibility (or inadmissibility), of the follow-up that will be given (internal management or, when necessary, referral to an external authority or administration) and of the processing time;
- Record the processing in the register of alerts set up in accordance with the law on the protection of personal data;
- Informs you about the follow-up of the processing of your case by the administration or authority mentioned above;
- Closes the alert and destroys the data relating to it (except in the case of abusive alerts).
The Avignon University alert referent is Christina Koumpli.
Contact: referent-alerte@univ-avignon.fr see procedure above