INTERNAL REPORTING SYSTEM
Welcome to the Internal Reporting System (Whistleblower Channel) of SANTA GEMA SERVICIOS EDUCATIVOS, S.L. (SANTA GEMA S.E.), owner of Colegio Sta. Gema Galgani and CEP Sta. Gema.
This Whistleblower Channel has been established in compliance with Law 2/2023, of February 20, regulating the protection of individuals who report regulatory violations and fight against corruption. It provides a preferred channel through which individuals can report actions or omissions obtained within a work or professional context, either within our organisation or involving third parties contracted by it, that may constitute violations of European Union law (as defined in Law 2/2023) or serious or very serious criminal or administrative offences under national law.
Please note: this is not a complaints or suggestions channel. For such matters, please use the appropriate mechanisms established by Colegio Sta. Gema Galgani and CEP Sta. Gema. Any communication outside the scope of the above (Article 2 of Law 2/2023) will be dismissed, and neither the communication nor the sender will fall under the protection of the mentioned law.
To ensure independence, confidentiality, data protection, and secure communication, and to foster trust so that users are not deterred by fear of retaliation, SANTA GEMA S.E. has entrusted management of this channel to the CONFEDERACIÓN ESPAÑOLA DE CENTROS DE ENSEÑANZA (CECE), which also serves as the external Data Protection Officer for Colegio Sta. Gema Galgani and CEP Sta. Gema. A data processing agreement in accordance with Article 28.3 of Regulation (EU) 2016/679 (GDPR) has been signed with CECE as the data processor.
This is further reinforced by the option to submit anonymous reports. Even if anonymity is not chosen, the identity of the whistleblower will always be kept confidential and will not be disclosed to the persons involved or any third parties.
The system includes appropriate technical and organisational safeguards to protect the identity and maintain the confidentiality of all parties mentioned, especially the whistleblower if identified.
The system allows for written reports via an online form, which includes an inbox where users can attach any documents deemed relevant or evidential. This form is configured so that the recipient email is that of the external channel manager (CECE). When the user clicks "submit," the information is sent directly to CECE.
Upon request, a face-to-face meeting to submit the report may also be scheduled within 7 days of the request. This requires checking the corresponding “Request in-person meeting” box.
Please note that in-person meetings will be recorded in a secure, durable, and accessible format, and the whistleblower will be informed about the data processing in accordance with the GDPR.
Once a report is received:
1. It is logged in a secure, restricted-access Register of Reports, with a unique case ID.
2. The whistleblower will receive acknowledgment of receipt within 7 calendar days, provided a valid email, postal address, or secure location was given, unless doing so would compromise confidentiality or identity protection.
3. An investigation process is initiated by the System Manager, who acts independently and cannot receive instructions from other SANTA GEMA S.E. bodies.
4. Within 10 working days, after a preliminary review, the System Manager will decide to:
a. Dismiss the report, with justification (e.g. lack of credibility, not within the scope of Law 2/2023, clearly unfounded, or redundant information).
b. Proceed with the report.
c. Forward the report to the Public Prosecutor or the European Public Prosecutor’s Office if the facts may constitute a criminal offence or affect the EU’s financial interests.
5. The decision (to admit or dismiss) will be communicated to the whistleblower within 5 working days, unless the report was anonymous or no secure contact information was provided.
6. If admitted, an investigation phase begins under the System Manager or their appointed delegate(s), to verify the credibility of the report.
7. Once the investigation is concluded, a report will be issued containing:
a. Summary of the facts with case ID and date of registration.
b. Actions taken to verify the facts.
c. Conclusions, assessment of evidence, and findings.
8. Following the report, the System Manager will decide:
a. To close the case, with notice to the whistleblower and, if applicable, the affected person.
b. To refer the case to the Public Prosecutor (or the European Public Prosecutor, if applicable), if criminal elements arise during the investigation.
c. To forward the case to the HR department or appropriate body if disciplinary measures may be necessary.
The maximum timeframe for completing the investigation is three months from the date the acknowledgment was sent or, if none was sent, from seven days after the report was made. In complex cases, this may be extended by an additional three months.
The informant is informed of the possibility of going to the external channel of the Independent Authority for the Protection of Informants (A.A.I.) as well as those of other State regulatory bodies such as the SEPBLAC, the Bank of Spain, Hacienda, Labor and Social Security Inspectorate or the European Union such as the European Anti-Fraud Office (OLAF).
This information was last updated on October 25, 2023.
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