CUOA Business School has adopted an Organizational and Management Model in accordance with Legislative Decree No. 231 of June 8, 2001, as amended, This Model was approved by the CUOA Board of Directors on November 23, 2016 (the so-called “Model 231”) and has since been kept up to date in accordance with new regulatory developments.
Legislative Decree No. 231/2001 introduced into Italian law the principle of administrative liability of the entity (legal person, company, or association, even one without legal personality), providing that the entity may be held directly liable for offenses committed in its own interest by individuals acting in a representative capacity, directors, executives, employees, and all those acting in the name and on behalf of the entity, provided that the entity derives an interest or benefit from such offenses. The entity’s liability results in its being subject to significant monetary penalties and the suspension or prohibition from conducting business.
The entity may not be held liable for the commission of offenses under Article 231 if it demonstrates that, prior to the commission of the offense, it had adopted and effectively implemented an “Organizational, Management, and Control Model” suitable for preventing offenses of the type that occurred. The entity must also have established a specific body (the so-called “Supervisory Body”) responsible for overseeing the operation of and compliance with the Model itself.
In implementing the CUOA Business School Model 231, in light of its activities and specific characteristics, the school has also chosen to include additional types of offenses arising from Law No. 190 of November 28, 2012, and the National Anti-Corruption Plan of the National Anti-Corruption Authority dated October 28, 2015 (corruption-related offenses).
The measures put in place for this purpose may also address the need for sound management and risk prevention with regard to the risk that individuals acting on behalf of the CUOA might pursue private interests in the performance of their duties (the risk of so-called “mismanagement”).
The Model adopted consists of a comprehensive set of principles, rules of conduct, protocols, and procedures that must be followed by anyone acting on behalf of CUOA Business School in order to prevent the commission of the offenses set forth in Legislative Decree 231/2001 within processes considered sensitive to 231 risks.
Below you can view some of the documents that make up CUOA Business School’s Model 231:
– the General Section of the Model, which describes the objectives, how the Model operates, and the duties of the Supervisory Body
– the Code of Ethics, which defines the values and behavioral principles to be followed by members of the governing, administrative, and control bodies, executives, employees, interns, collaborators, faculty, consultants, suppliers, partners, and anyone else who acts on behalf of or interacts with CUOA, including for the purpose of meeting the objectives that the Model aims to achieve
– the Sanctions System, structured according to the different types of parties, which defines the sanctions resulting from violations of the Model’s provisions.
In addition, a Supervisory Body was appointed to carry out, within the scope of its authority, the functions of oversight and monitoring of the operation of and compliance with the Model, as provided for by Legislative Decree 231/2001.
Any reports of violations of Model 231 and the Code of Ethics are handled in accordance with the procedures and through the channels set forth in the “Whistleblowing Procedure” adopted by CUOA Business School, which also allows for the submission of anonymous reports.
CUOA provides and guarantees specific forms of protection for so-called “whistleblowers” who submit reports in good faith.
For any further information regarding the Whistleblowing Procedure, please visit the dedicated webpage: LINK.
Documents – Code of Ethics 231
– Sanctions System
– MOG 231 Manual – General Section
