Whistleblowing

Reporting wrongdoing and irregularities (so-called whistleblowing)

The expression whistleblowing refers to the reporting of wrongdoing as a manifestation of civic sense, which helps to bring to light and prevent situations that undermine good administration and the collective public interest.

A whistleblower is one who - in his or her work context - notices and/or becomes aware of facts and misconduct, danger or other serious risk that may harm the public interest and/or the principle of impartiality of public administration.

On July 15, 2023, the provisions contained in Legislative Decree 24/2023 - enacted to implement EU Directive 2019/1937 - became effective for all public administrations, which dictates provisions regarding transparency and accountability with regard to whistleblowing, the regulation of the protection of persons who report violations of national or European Union regulatory provisions detrimental to the public interest or the integrity of the public administration, of which the person has become aware in his or her work context (so-called Whistleblower).

Protection of the whistleblower

The whistleblower may not suffer retaliation of any kind.

The protection applies not only if the reporting, whistleblowing or public disclosure occurs during the course of the employment or other legal relationship, but also during the probationary period and before or after the establishment of the legal relationship.

Reporting channels:

1. Internal channel:whistleblowing platform .

Within the University, the whistleblower must use the whistleblowing platform as a priority.

2. External channel: computer platform of ANAC .

Current regulations provide that this external channel can be used when:

- the internal whistleblowing channel is not active or, even if activated, does not comply with what is required by law;

- the reporting person has already made an internal report and it has not been followed up;

- the reporting person has reasonable grounds to believe that, if he or she made an internal report, the report would not be effectively followed up or that the same report could result in a risk of retaliation;

- the reporting person has reasonable grounds to believe that the violation may pose an imminent or obvious danger to the public interest.

(c) Public disclosure: print, electronic, or broadcast media capable of reaching a large number of people.

This channel can be used by those who:

- has previously made an internal and external report or has made an external report directly and the report has not been responded to within the prescribed time limits regarding the measures planned or taken to follow up the reports;

- has reasonable grounds to believe that the violation may constitute an imminent or obvious danger to the public interest;

- has well-founded reason to believe that the report may involve the risk of retaliation or may not be effectively followed up due to the specific circumstances of the concrete case, such as those where evidence may be concealed or destroyed or where there is well-founded fear that the person who received the report may be colluding with or involved in the perpetrator of the violation.

(d) Reporting to the judicial or accounting authorities.

This channel can be used whenever it is intended to report illegal conduct that has come to one's attention in a work context.

A public employee who suffers discrimination as a result of reporting a crime to the Judicial Authority may benefit from the protections provided for retaliation suffered.

Who can report

The following categories of individuals may report wrongdoing and irregularities in the University:

• managers and permanent and fixed-term technical-administrative staff;
• permanent professors and researchers;
• fixed-term researchers;
• permanent and fixed-term professors and researchers from other universities who hold teaching positions at the University of Naples Federico II;
• contract lecturers;
• linguistic collaborators and readers;
• research fellows;
• workers and collaborators of companies supplying goods or services and performing works for the public administration;
• freelancers and consultants who perform their activities at the University;
• self-employed workers who perform their work activities at the University;
• workers or collaborators who perform their work activities at the Athenaeum;
• volunteers and interns, paid and unpaid, who perform their activities at the Athenaeum.

What can be reported

There is no list of facts and/or situations and/or circumstances and/or offenses that can be reported: the concept of corruption or wrongdoing does not coincide with the concept of crime or illegality. Corrupt or illicit facts include abuse of power to obtain private advantages, malfunction and/or pollution of administrative action from the outside, favoritism, conduct that conflicts with the care of the public interest and undermines citizens' trust in the impartiality of the administration. Examples include: wastefulness, nepotism, demotion, repeated failure to adhere to the timelines of administrative procedures, non-transparent hiring, accounting irregularities, false statements, violation of environmental and occupational safety regulations, etc. So the damage or potential damage must be public in nature.

The following can be reported:

(a) violations of national regulatory provisions that harm the public interest or the integrity of public administration, which become known in the work context;

(b) violations of European Union regulatory provisions that harm the public interest or integrity of public administration, of which one becomes aware in the work context.

The following may NOT be reported:

(a) disputes, claims or demands related to an interest of a personal nature of the reporting person or the person who has filed a complaint with the judicial or accounting authorities that pertain exclusively to his or her individual labor or public employment relations, or inherent in his or her relations

of work or public employment with hierarchically subordinate figures;

(b) reports of violations where already mandatorily regulated by the European Union or national acts indicated in Part II of the Annex to this Decree or by national acts that constitute implementation of the European Union acts indicated in Part II of the Annex to Directive (EU) 2019/1937,

although not indicated in Part II of the Annex to Decree No. 24/2023;

(c) reports of national security breaches, as well as of procurement related to defense or national security aspects, unless such aspects are covered by relevant secondary legislation of the European Union.

What the report must contain

In the report there must be all useful elements to enable the RPCT to make the checks, investigations and assess the merits of the reported facts.

It is necessary for it to be clear:

1) the circumstances of time and place in which the fact that is the subject of the report occurred;

2) the description of the fact;

3) the generalities or other elements that make it possible to identify the person to whom the reported facts are attributed.

It is not necessary that the reporter(whistleblower) be certain of the actual occurrence of the reported facts or the perpetrator: it is sufficient that he or she believes it is highly probable that the fact occurred.

Reports based on mere suspicions and/or rumors will not be considered.

Reports must have been acquired during the course of work activities.

Protection of confidentiality and prohibition of discrimination

The Athenaeum's Whistleblowing platform guarantees the protection of confidentiality and anonymity in compliance with the law: the system separates the identifying data of the reporter from the content of the report so that the content is visible to the staff of the Ethics and Transparency Office and the RPCT in an anonymous mode. Any subsequent association with the identity of the reporter is used only if it is essential for the purposes of the investigation that the RPCT seek clarification from the reporter.

The report is subtracted from the access to records provided for by Law No. 241/1990, also for the protection of all stakeholders.

For information:

Email: anticorruzione@unina.it

Pec: anticorruzione@pec.unina.it

Dr. Carla Camerlingo - Head of Organization and Development Area and University Manager for the Prevention of Corruption and Transparency (R.P.C.T.)

Corso Umberto I, no. 40 - 80138 - Naples

Dr. Marta Monaciliuni - Head of the Ethics and Transparency Office
Corso Umberto I, no. 40 - 80138 - Naples