Wingate School Whistleblowing Channel Regulations

Preamble

These Whistleblowing Channel Regulations (or Internal Reporting System) are adopted in accordance with Law 2/2023, of February 20, regulating the protection of individuals who report legal violations and fight against corruption, as well as applicable data protection regulations (GDPR, LOPDGDD). Their purpose is to define the internal procedure through which members of the community (teaching staff, non-teaching staff, students, families, collaborators, and third parties) may submit reports of irregularities or violations, ensuring confidentiality, protection against retaliation, and diligent and transparent management.

These Regulations are mandatory for all individuals to whom they apply and will be widely disseminated to ensure that all members of the educational community are aware of their content and operation.

Article 1. Scope and Eligible Persons

1. This channel may be used by any natural or legal person currently or previously linked to Wingate School — including employees, teaching staff, non-teaching staff, students, families, suppliers, contractors, or third-party collaborators — as well as external persons who, directly or indirectly, have information about possible violations.
2. The channel is also available to persons no longer associated with the institution, within the legally applicable period, provided they possess information regarding events that occurred during their association.

Article 2. Nature of the Report; Form; Anonymity

1. Reports may be submitted on an identified or anonymous basis. Identification of the whistleblower shall not be a mandatory requirement for the report to be admitted for processing, unless the absence of data prevents the conduct of a minimum reasonable investigation.
2. The whistleblower is encouraged, if they wish, to provide contact details (email address, telephone number, or other means) in order to receive notifications or requests for clarification.
3. Reports may be submitted through any of the following means:
   • a) Written submission in physical form addressed to the competent body.
   • b) Secure email.
   • c) Structured digital form.
   • d) Verbal communication to a competent person, which shall be documented in writing by means of minutes, transcription, or recording.
4. For verbal reports, a documented record (minutes, transcript, or recording) must be made indicating the date, time, content, and recipient to ensure traceability and registration.

Article 3. Minimum Content of the Report

1. Reports should include, to the extent possible, the following elements:
   • A clear and specific description of the facts (date, place, relevant circumstances).
   • Persons directly or indirectly involved, as well as possible witnesses.
   • Documents, evidence, or indications supporting the report.
   • Any other information that may contribute to clarification.
   • If the whistleblower chooses to identify themselves: name, contact information, and signature (or equivalent means).
2. The absence of any of these elements shall not, by itself, prevent the report from being accepted provided there is sufficient information for a preliminary analysis.
3. The whistleblower must act with a reasonable belief in the truthfulness of the reported facts, in accordance with Law 2/2023. If the report is manifestly false, protection under this Law may be lost, without prejudice to any corresponding legal responsibilities.

Article 4. Admission, Verification, and Acknowledgment of Receipt

1. The competent authority shall preliminarily evaluate the report to determine whether it is admissible (i.e., whether it falls within the scope of the channel and is not manifestly untimely or irrelevant).
2. Within a maximum of seven (7) calendar days, an acknowledgment of receipt shall be sent to the whistleblower (except for anonymous reports or where sending it would compromise confidentiality). This acknowledgment will include at least:
   • Assigned case number.
   • Official date of receipt.
   • Indication that the report has been accepted for processing (or a reasoned explanation if partially rejected).
   • Information on the whistleblower’s right to follow-up and receive subsequent communication, unless this compromises secrecy or procedural guarantees.
3. If the report is deemed wholly or partially inadmissible, the reasoned rejection will be communicated (unless confidentiality prevents it).
4. All communications (admissions, rejections, acknowledgments) shall be recorded in the internal system with traceability, including date, competent person, comments, and status.

Article 5. Investigation, Allegations, and Deadlines

1. Once the report is accepted, an internal investigation shall be initiated carrying out all necessary diligences.
2. The affected person will be given the opportunity to submit allegations, unless doing so would compromise the identity of the whistleblower or the essential confidentiality of the process.
3. The investigation shall be concluded within a maximum of 3 months, unless justified reasons (e.g., evidentiary complexity, external procedures) require an extension, which must be communicated to the whistleblower, indicating the reasons and the new deadline.
4. At the conclusion, a final reasoned report will be prepared including:
   • Presentation of facts and relevant chronology.
   • Legal assessment of the reported facts.
   • Conclusions.
   • Proposed corrective or sanctioning measures (if applicable).
   • Recommendations for future preventive improvements.
5. The whistleblower will be notified of the investigation’s outcome to the extent that confidentiality is not violated.
6. If, during the investigation, facts are identified that may constitute a crime, they will be immediately and simultaneously reported to the Public Prosecutor, as provided by Law 2/2023.

Article 6. Protection Against Retaliation

1. Wingate School expressly prohibits any form of direct or indirect retaliation against the whistleblower for submitting a report under these regulations.
2. Retaliation includes, but is not limited to: dismissal, suspension, demotion, substantial changes in conditions, denial of promotions, disciplinary sanctions, exclusion, harassment, labour or academic detriment, discrimination, intimidation, or other adverse measures.
3. If the reporting person claims to be experiencing retaliation, they are immediately entitled to:
   • Be transferred, if applicable, to another position not exposed to risk, without loss of status or compensation.
   • Appropriate precautionary measures to prevent harm.
   • Compensation for suffered damage (indemnity, restoration of conditions, etc.).
   • Internal monitoring by the competent authority to ensure retaliation ceases.
4. Any disciplinary action against individuals who reported in good faith will follow a separate procedure outlined in these regulations, ensuring impartiality, reasoning, and the possibility of internal or external appeal.

Article 7. Confidentiality, Access, and Data Protection

1. The identity of the whistleblower, as well as that of affected persons, shall be treated with strict confidentiality throughout the process, unless disclosure is required by a legal or judicial obligation.
2. Access to reports, cases, and channel-related documentation shall be restricted to authorised, identified, and duly trained personnel only, in accordance with the principle of strict necessity. Access logs (including what information, when, and for what purpose) shall be maintained.
3. The processing of personal data shall comply with GDPR, LOPDGDD, and the specific provisions of Law 2/2023. Compliance with a legal obligation and the execution of the channel’s institutional mission shall constitute the lawful basis for such processing.
4. Appropriate technical and organizational measures shall be adopted in accordance with the state of the art: including encryption, robust authentication mechanisms, access controls, separation of functions, auditing, and measures ensuring data integrity and confidentiality.
5. Personal data will be retained only for the period necessary to investigate and resolve the case, and, in any event, shall not exceed ten (10) years, unless a longer retention period is legally required. After this period, the data shall be deleted or irreversibly anonymised.
6. Interested persons (including whistleblowers and affected parties) may exercise their rights of access, rectification, erasure, restriction, opposition, or data portability (as applicable), provided that the exercise of such rights does not compromise the identity of the whistleblower or the confidentiality of the channel.
7. In the case of anonymous reports, where identification of the whistleblower becomes strictly necessary in order to continue the investigation, such identification shall be limited to what is essential, duly safeguarded and appropriately documented.

Article 8. Registration, Traceability, and Monitoring

1. Each report received shall automatically generate a case number and be recorded in the system with the date, evaluating person, status, and relevant notes.
2. The whistleblower may track the status of the case (e.g., “admitted,” “under investigation,” “extension,” “resolved,” etc.), unless such access compromises confidentiality.
3. Status and updates shall be regularly maintained in the system (at least monthly) to ensure internal transparency for the whistleblower.
4. All access to the case or system shall be logged including access history, user, date, and action performed.

Article 9. Corrective and Disciplinary Measures

1. If the investigation finds indications of a violation, corresponding corrective, disciplinary, or sanctioning measures shall be proposed in accordance with Wingate School’s internal regulations and the principles of proportionality, presumption of innocence, right to be heard and reasoned decision-making.
2. The proposal shall be submitted to the competent authority (e.g., disciplinary committee) separate from the investigating authority to avoid conflicts of interest.
3. Affected persons have the right to be informed of proposed measures and to submit observations before the final adoption, unless doing so would seriously compromise the investigation.
4. The whistleblower may be informed, to the extent that confidentiality allows, that measures have been adopted, without disclosing sensitive information.
5. Adopted sanctions or measures shall be documented in writing, with clear reasoning, and communicated to the relevant parties, including information on available appeals or challenges.

Article 10. Internal and External Appeals

1. Against decisions within the channel (inadmissions, investigation conclusions, proposed measures), the whistleblower may file an internal appeal with the competent authority (e.g., General Management, Governing Board, or designated body) within 15 calendar days from notification or from becoming aware of the decision.
2. The authority resolving the internal appeal shall be independent of the investigating body, provide a reasoned decision, and set maximum deadlines (e.g., 1 month) for resolution.
3. If the whistleblower considers that the internal channel has not acted diligently, transparently, or independently, they may refer the matter to the external channel established by the Independent Whistleblower Protection Authority (or other competent body), without necessarily exhausting all internal appeal phases, if permitted by law.
4. Filing an internal appeal does not automatically suspend the execution of adopted measures, unless expressly decided with reasoning by the competent authority.

Article 11. Dissemination, Training, and Access to the Regulations

1. These Whistleblowing Channel Regulations shall be permanently available free of charge on Wingate School’s public website, intranet, and visible notice boards.
2. Mandatory training on the channel, its operation, rights, and obligations shall be provided for all teaching staff, non-teaching staff, adult students, families, and collaborators, both upon joining and through annual updates. All training will be documented.
3. Periodic awareness initiatives (reports, newsletters, reminders, internal posters) will also be conducted to maintain an active reporting culture within the educational community.

Article 12. Entry into Force and Amendments

1. These Regulations shall enter into force on 1st of January 2026 and apply from that date to all subsequent reports.
2. Any amendments must be approved by the competent authority (e.g., Governing Board, Board of Directors) after consultation with representatives of affected groups (employees, families, students) when appropriate.
3. Amendments will be communicated with reasonable notice (at least 30 days) to the entire educational community, and updated versions shall be made available through the usual dissemination channels (website, intranet, notice board).
4. Amendments shall not remove the essential guarantees of the channel (confidentiality, protection against retaliation, access to external channels, minimum deadlines and the rights of the whistleblower).

Additional Provisions

1. Coordination and Responsible Authority

A channel manager (individual or team) shall be designated and communicated to the Independent Whistleblower Protection Authority, ensuring that the manager has no conflict of interest regarding potential reports.

2. Internal Operational Policy

An internal operational manual or detailed protocol shall accompany these Regulations setting out stages, roles, authorization levels, prioritization criteria, technical instructions, backups, internal audit procedures and other relevant operational details.

3. Internal Supervision and Audit

Periodic review of the channel’s functioning shall be conducted at least annually, including an internal evaluation report on effectiveness, compliance, and possible improvements.

4. Relationship with Sectoral Regulations

If a report concerns matters subject to special educational, child protection, data protection, anti-money laundering, equality, or other regulated areas, the strictest regulations shall prevail, and communication or procedures with the competent authority shall be carried out as required.