(1) Silicon Valley Education Foundation (SVEF) will not trade, share or sell a donor’s personal information with anyone else, nor send donor mailings on behalf of other organizations; and (2) SVEF will only share or sell personal information if the donor has given the charity specific permission to do so.
Introduction and Purpose
Silicon Valley Education Foundation, a California nonprofit public benefit corporation (SVEF), requires its directors, officers, employees, and volunteers to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. The purpose of this Whistleblower Policy is to encourage and enable employees and volunteers of SVEF to report any action or suspected action taken within SVEF that is illegal, fraudulent or in violation of any adopted policy of SVEF. This Policy is intended to supplement but not replace any other policy or grievance procedure of SVEF or any applicable state or federal law or regulation governing whistleblowing applicable to nonprofit and charitable organizations.
Violations; Reporting in Good Faith
All employees and volunteers of SVEF are encouraged to report any action or suspected action taken within SVEF that they believe to be illegal, fraudulent or in violation of any adopted policy of SVEF (each, a “Violation”). Anyone reporting a Violation must act in good faith, without malice to SVEF or any individual in SVEF, and must have reasonable grounds for believing that the information contained in the report indicates that a Violation has occurred. The state of California also has a hotline should you wish to anonymously report a Violation to the State Attorney General’s office. It is 1-800-952-5225.
No employee or volunteer who in good faith reports a Violation or cooperates in the investigation of a Violation shall suffer harassment, retaliation or adverse employment or volunteer consequences. Any individual within SVEF who retaliates against another individual who in good faith has reported a Violation or has cooperated in the investigation of a Violation is subject to discipline, including termination of employment or volunteer status. If an individual believes that he or she, or another employee or volunteer, is suffering from harassment, retaliation or other adverse employment or volunteer consequences in violation of this Policy, the individual should contact the Compliance Officer (as determined by the Board of Directors) by following the procedures for reporting a Violation described in the following section.
If an individual reasonably believes that a Violation has occurred, the individual is encouraged to share his or her questions, concerns, suggestions or complaints with any person within SVEF who he or she believes may be able to address them properly. In most cases, the direct supervisor of an individual is the person best suited to address a concern. However, if an individual is not comfortable speaking with his or her direct supervisor or if he or she is not satisfied with the supervisor’s response, the individual is encouraged to speak directly to the Compliance Officer, or anyone in management he or she feels comfortable approaching.
SVEF encourages anyone reporting a Violation to identify himself or herself when making a report in order to facilitate the investigation of the Violation. However, Violations may be reported anonymously by filling out a reporting form and mailing it to the Compliance Officer. Reports of Violations or suspected Violations will be kept confidential to the extent possible, consistent with the need to conduct
an adequate investigation, to comply with all applicable laws, and to cooperate with law enforcement authorities.
Compliance Officer; Handling Reporting Violations
The Board of Directors shall appoint a Compliance Officer to administer this Policy. Any supervisor, manager or board member who receives a report of a Violation will notify the Compliance Officer of that report, except as provided below with respect to a report relating to the Compliance Officer. The Compliance Officer will notify the complainant and acknowledge receipt of a report of Violation within five business days, provided that the complainant’s identity is disclosed in the report or a return address is provided. The Compliance Officer will make initial inquiries in consultation with legal counsel, if necessary, to determine the nature and scope of the investigation. The Compliance Officer will manage any subsequent investigation and may request the assistance of legal counsel or other parties as he or she deems necessary or appropriate. The Compliance Officer, or his or her designee, will investigate the complaint, meeting separately with the complainant and with others who either are named in the complaint or who the Compliance Officer determines may have knowledge of the facts set forth in the complaint. At a point in the process consistent with the need to not compromise the investigation, a person who is suspected of a Violation shall be apprised of the alleged Violation and shall be afforded an opportunity to provide a response. The Compliance Officer will investigate anonymous complaints to the extent possible, but will weigh the prudence of continuing such investigations against the likelihood of confirming the alleged facts or circumstances from attributable sources. Within five business days of receiving a complaint, the Compliance Officer shall cause a report to be sent to the Chair of the Board containing the following information:
1. The allegations made by the complainant and how they were reported to SVEF.
2. All relevant facts then available related to the allegations.
3. The current status of the investigation and how it was or will be conducted, including witnesses interviewed and documents reviewed.
4. The outcome or corrective action taken or to be taken at the conclusion of the investigation. If no further action or investigation is to follow, an explanation for the decision will be included. Thereafter, and until the allegations have been resolved, the Compliance Officer shall submit updated reports every ten business days, or at such other times as may be requested by the Chair of the Board. Upon completion of the investigation, the complainant will be notified about what actions will be taken, to the extent reasonably possible and consistent with any privacy or confidentiality limitations. If no further action or investigation is to follow, an explanation for the decision will be given to the complainant. In the event the Compliance Officer is suspected of having committed a Violation, the Violation will be reported to the Chief Financial Officer and the Violation will be investigated by the Chief Financial Officer under the supervision of the Board of Directors.
Accounting and Auditing Matters; Reporting
The Board of Directors is responsible for addressing all reported Violations relating to corporate accounting practices, internal controls or auditing. The Compliance Officer will notify the Board of Directors of any such reported Violation. In addition, the Compliance Officer will advise the President and Chair of the Board of any other reported Violations, the current status of the investigation, and the outcome or corrective action taken at the conclusion of the investigation.
Adopted by the Board of Directors on: September 7, 2018