Module 2 - Reporting Channels & Whistleblowing Flashcards
What hinders an efficient, democratic and ethical sports organisation?
- emperor structure
- governance through mass structure
- lack of strategic objectives
- just centered on the assembly with less counterweights
- inadequate regulation on conflict of interests
- a monopolisic setup - lack of transparency
- poor internal disciplinary system
definition of good governance in sport
Good Governance is the set of responsibilities and various measures (organizational, economic, ethical, social, etc.). that a sports entity assumes, both vis-à-vis its affiliates and with society, in general, in order to impose a set of ethical measures or behaviors that regulate and control the management of its senior management and governing bodies
Integrity in sports organisations
- need to incoporate an ethical code (a tool to achieve an ethical culture) that clearly and forcefully establishes the main
principles that shape the association’s moral identity - collaboration with external agents to prevent and sanction infractions related to
doping and match-fixing. - reporting mechanism, safeguarding programms, equal representation, Align the guidelines and values with its actions
democracy in sports organisations
- fill the gap (representes women, countries, sports)
- a more proportional representation of countries/nationalities
Transparency in sports organisations
organisation should see a transparent behaviour as beneficial
accountability in sports organisations
- separation between the management and the executive board
- limitation of age limit
- conflict of interest regulation
- not hiring former employees
characteristics of sport sustainable development and solidarity
- oganisations are required to show socially, ethically and environmentally behaviour
- they do have a responsibility towards the general public
What are other measures in sports organiations?
- rules of sport organisations with fundamental rights
- ombudsman (Vertrauensmann)
- Transparency International
- compliance programmes
- whistleblowing
examples of human rights restriction (in sport)
athletes restricted access to the ordinary courts in defense of
their interests and rights,
* their restricted scope of freedom of expression,
* the lesser protection of physical integrity,
* The reduction of privacy in anti-doping controls
* movement restrictions
* the poor treatment received by minors
* discrimination of women
* sex controls or
* anti-pregnancy clauses
Ombudsmen for protecting athletes rights
- he/she receives complaints/ questions from the athletes –> resolving –> recommendations/ solutions
In this sense, ombudsmen facilitate, negotiate and use their moral authority to promote
a solution that satisfies both parties; - the role of a ombudsperson is flexibel compared to a judicial system
- can manage the alerter channels ( that the athlete has the opportunity to report within the organisation)
- judicial system: one wins one loses; ombudsmen: the purpose is that all will win
- it doesn´t include costs for the athletes
compliance programs in sports organisations
- These programs usually intend to ensure the rules compliance, that the offenses are
discovered and that eventually sanctioned internally. In sport organizations these
compliance programs are into the area of accountability - Its purpose is to prevent, detect and punish irregularities within the organizations, through
a program of measures that can ultimately incorporate the imposing sanctions as a way to
motivate their managers so that they establish effective due control mechanisms
Compliance programs (in a narrow sense): the set of
policies that the organization must adopt to have a virtuous
organization and not be responsible or see the sanction
reduced in the case in which any of its employees
(administrators, directors, workers etc.) carry out a crime in
the performance of their duties.
* Compliance programs (in a wide sense): the set of
principles and mechanisms to foster transparency, ethical
behaviour, risks identification, definition of policies and
procedures.
What are the components of a compliance program?
a) risk analysis; (risk assessment, an action plan for neutralisation, it should infractions and internal sanctions; training programs)
b) environmental control; (internal investigations)
c) disciplinary system;
d) reporting channel; (whistleblowing channel)
e) supervision, monitoring and updating of the preventive activity (should be flexibel & frequently evaluated)
What is the role of an compliance officer?
The main characteristics of the compliance officer are:
a) Independence, not being subordinated to persons or bodies that may be
affected for its decisions. For this reason, it is advisable to depend on and
report directly to the higher body in the entity.
b) Direct access to the management bodies of the organization.
c) Access without any limitation to all information and documentation of the entity.
Whisleblowing and reporting channels in sports organisations
- possibility to make compliants written and orally
- should ensure confidentiality
- prohibition & sanctions of a reprisal (Vergeltungsmanahme)
- access to free advice and protection in legal proceedings
- ## diligent processing of all complaints
What are obstacles to whistleblowing?
- fear for economic and financial threats
- insufficient legal protection
- fear of reprisal/retaliation (Vergeltungsmaßnahme)
- helpless/resignation
- hierarchy
- moral component (incorrect perceived loyalty, omerta = culture of silence)
When is a whistleblowing system effective?
- That is supported by the governing bodies.
- That the recipients of the mechanism were
previously informed. - Accessibility of the system.
- Proportionality of the system.
- Documentation of the system.
- Independence of the complaints
management body. - Completeness of the system of infractions
and sanctions. - The protection of the complainant or alerter.
- A ethical culture inside the organization
different stages of whistleblowing
- Content Analysis (Policy)
- Violations to be reported
- reporting guidelines and formalities
- information about the bodies to whom the report should be submitted
- Confidentiality & Anonymity
- Protection
- Investigation
- Communication process
- Promotion & measures
Deficiencies of whistleblowing systems
- They fail because they do not deal with information related to all forms
of corruption and cheating, including doping, match fixing and technical
cheating. - In general, the web pages where the alert channel is included, does not
show any evidence of the frequency of use or success of the helpline,
neither has such information been published. - The information is, in general, not particularly detailed.
- Lack of information about the agency who receive the complaint or
alert, its legal competence, and the treatment that personal data will
have - The fragmentation and weakness of the channel reveal that the
governing bodies are not given a complete support to the whistleblowers
How does a culture of ´omerta´ raises in sport?
1) the particularities of some sports;
2) the leader or the group coercion;
3) the connivance of sport authorities;
4) the athlete self-interest
5) the link between omerta and group loyalty
What kind of features does a toxic organisational culture have?
1) lack of communication of ethical standards,
(2) the weak credibility of the leaders,
(3) the general lack of personal responsibility to inform or
correct organizational irregularities,
(4) lack of support for the employee making decisions;
(5) the reward of employee silence;
(6) the punishment of internal reports; and
(7) inadequate access to legitimate reporting channels
Five fundamental elements that influence the development of loyalty in a sports team:
(1) domination:
- domination of the coach over its athletes
(2) identification
(3) commitment
(4) Integration
(5) alignment of goals
What is an ethical Code?
A tool to achieve an ethical culture
What contains a compliance Programme?
Apply with the rules that apply to the Organisation
Examples of human rights restrictions in sport
- freedom of expression
-Reduction of privacy in anti-doping Controls - movement restrictions
- Poor treatment received by minors
- discrimination of women
Ombudsperson vs. Other judicial System
Ombudsman: gives recommendations to solve Problems and not issue mandatory resolutions. In this sense, Ombudsman faciliate, negotiate and use their Moral authority to promote a solution that satisfies both parties, he can also manage alerter channels that an Athlete can use
The judical Process is governed by well-establishes procedual rules. It is a Zero game one Wins the other loses,
