Organisational, Management and Control Model
Model 231
CUOA Business School has adopted an Organisational, Management and Control Model in accordance with the provisions of Italian Legislative Decree no. 231 of 8 June 2001, as amended and supplemented, which was approved by the CUOA Board of Directors on 23 November 2016 (so-called “Model 231”) and subsequently kept up-to-date according to regulatory changes.
Legislative Decree 231/2001 introduced into the Italian legal system the principle of the administrative liability of the entity (legal person, company and association also without legal liability), providing that the latter may be directly held liable for offences committed in its interest by persons with representative functions, directors, managers, employees and all those who operate in the name and on behalf of the entity itself, if the latter derives an interest or advantage from such offences. The liability of the entity results in its being subject to heavy sanctions and suspension or disqualification from exercising its activity.
The entity may not be held liable for the commission of such offences if it proves that it has adopted and effectively implemented, prior to the commission of the offence, an “Organisational, management, and control model” suitable for preventing offences of the kind committed and if it has set up a Body responsible for supervising the operation of and compliance with the model.
In the implementation of Model 231, CUOA Business School, in light of the activity performed and its characteristics, also wanted to consider additional cases deriving from Law 190 of 28/11/2012 and the National Anti-Corruption Plan of the National Anti-Corruption Authority of 28/10/2015 (corrupt practices).
The measures prepared in this sense may also meet the need for good management and prevention of the risk of the pursuit of private purposes in the performance of their duties by persons working on behalf of CUOA (risk of so-called maladministration).
The Model consists of an organic set of principles, rules of conduct, protocols and procedures that must be followed by those who work on behalf of CUOA Business School in order to prevent the commission of the offences envisaged by Italian Legislative Decree 231/2001 in the context of processes considered sensitive to 231 risks.
Below, it is possible to consult some of the documents that make up CUOA Business School's Model 231:
• the General Part of the Model, which describes the purpose and functioning of the Model, the tasks of the Supervisory Body
• the Code of Ethics, which defines the values and principles of conduct to be followed by the persons belonging to the management and control bodies, managers, employees, trainees, collaborators, lecturers, consultants, suppliers, partners and all those who in general act on behalf of CUOA or interact with the latter, also in order to meet the requirements that the application of the Model intends to pursue
• the Sanction System, divided according to the different types of subjects, which defines the sanctions resulting from violations of the provisions of the Model.
In addition, a Supervisory Body of a collective nature has been appointed to perform, within the scope of its competences, the supervisory and control functions over the operation and compliance with the Model provided for by Italian Legislative Decree 231/2001.
Any reports of violations of the Model 231 and the Code of Ethics are handled in the manner and through the channels provided for in the "Whistleblowing Procedure" adopted by CUOA Business School, which also allows anonymous reports to be sent.
CUOA provides and guarantees appropriate forms of protection for so-called “whistleblowers,” who make reports in good faith.
For any further information on the Whistleblowing Procedure, please consult the dedicated webpage: LINK.
Documents
- CUOA Model 231 Code of Ethics