Whistleblowing: Call time on fraud

'The five most dangerous words in business may be "everybody else is doing it ".' So said Warren Buffett, the billionaire businessman and philanthropist, in a memo to his top managers at Berkshire Hathaway.

And that 'everybody's doing it' is one of the top reasons that staff give for not reporting misconduct. According to research by the Institute of Business Ethics, of those employees who witnessed misconduct in their workplace, only a quarter actually reported it. The main reason staff gave for not reporting their concerns was fear of alienation from colleagues (21%), closely followed by a sense that it was none of their business (19%). Fear that their job would be jeopardised (13%) and that everybody’s doing it (12%) were not far behind.

These results show that much needs to be done if staff are to be encouraged and feel supported in voicing their concerns. Employee welfare aside, companies can gain tangible business benefits if they ensure such mechanisms are in place.

...A working environment in which it is made clear that bullying, harassment and discrimination will not be tolerated could lead to fewer pay-outs at employment tribunals. Another benefit could be that good employees are retained with increased staff morale and loyalty. But perhaps the most compelling reason is that it makes for a happier and more productive workforce if staff believe and see that a culture of mutual trust exists.

...An effective whistleblowing policy creates a culture of trust and makes business sense...

Key elements

Board-level buy in: The CEO or another senior director should set out the organisation’s commitment to its speak-up policy. This is a good place to make a statement on the support that the organisation will give to those who raise concerns in good faith.

Purpose of the policy: This explains what the speak-up policy is, and gives examples of issues where employees may have concerns.

Outline procedures: This section will set out the details of the procedures that individuals should follow when raising a concern. It should also include a statement on confidentiality and/or anonymity and encouragement for employees to speak to their colleagues, line managers or other managers if appropriate.

What next? Staff need to know what they can expect if they speak up. Here, you should describe the details of the process that the investigation will follow. Set out the principles guiding the recording and investigating of reports, such as confidentiality, protection and feedback. What can the employee expect in terms of timeframes for investigations, call backs and progress reports? It should also reiterate the company’s commitment to support the employee raising the concern.

List other supporting documents: Typically, this will include guidance for managers, guidance for staff, code of ethics, posters and desktop reminders that are available. The role of any call lines/web pages: when to use them and how they can help.

Warning of disciplinary action: This is a policy that has to be taken seriously. Outline clearly the likely outcome for malicious use of the line.
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By Katherine Bradshaw. From: http://www.accountancyage.com/

Courage Without Martyrdom

What to expect: Classic Responses to Whistleblowing - Targeting dissenters: The tactics of retaliation

Intimidation and fear are the ultimate objectives of classical organizational reprisal techniques. The goal is to convince employees that the power of the organization is stronger than the power of individuals - even individuals who have truth on their side.

The following is a list of tactics your employer may use in the effort to silence you, fire you or harass you into resigning. They illustrate examples of how bureaucracies attempt to keep the majority silent by making examples out of troublemakers such as whistleblowers.

...The first commandement of retaliation is to make the whistleblower, instead of his or her message, the issue: obfuscate the dissent by attacking the source's motives, credibility, professional competence, or virtually anything else that will work to cloud the issue. The point of this tactic is to direct the spotlight at the whistleblower, instead of the alleged misconduct.

...A related technique is to open an investigation - and then deliberately keep it pending for an indefinite period. The idea is to leave the whistleblower 'twisting in the wind', with the cloud of an unresolved investigation hanging over his or her head.

...Employers can be creative in devising grounds for an investigation or a smear campaign against a whistleblower. Any allegation will do, no matter how petty... Some employers will display real chutzpah in selecting charges, attempting to select and make stick the most outrageous or far-fetched charges possible... [a] self-effacing individual may be branded a loud-mouth egomaniac...

From: The Whistleblower's Survival Guide

Pack of Wolves #1

The following writing is based on documents I have come to read, information collected and conversations held with my partner (Salvatore Fiore) or other individuals and is based upon my diary maintained throughout the period from July 2004 to date.

In hindsight, I recognise that the bullying and harassment my partner has endured throughout his two years of employment as a Senior Lecturer in Computing at the School of Computing and IT, University of Wolverhampton, began very early on.

Pack of Wolves #1

Following an invitation letter from Mrs Louise Millard of Personnel Services, University of Wolverhampton dated 05 July 2004, my partner was prepared for a brief introduction, two informal interviews and a presentation for level 2 students in the HCI (Human-Computer
Interaction) area, followed by a formal panel interview in the afternoon.

He was asked to go in a room with other people who had given their presentations when a man, seemingly on the verge of retirement, but with a very erect and imposing posture, entered. He had in his hands, a list of the candidates present, and stated that in the room
were "Dr XXXXX, but it could also be Dr XXXXX", the latter being the name of my partner who did not possess a doctorate and felt annoyed by the unnecessary reference.

This man then asked candidates to leave the room one by one, exiting himself with them each individually and waiting outside the door for a few seconds. After a few candidates had left, he said that he was calling out these people, not because they wouldn't proceed through the selection process and continued the process of calling other people out of the room.

At the end of the call, he told the remaining candidates (including my partner) that they would be proceeding to the final interview and that those just called out would not. This was the moment in which my partner first doubted strongly that this person, Prof. Moreton could be trusted. It was not a game it was a selection process to be carried out with the dignity that people deserve.

During the day, there was also a brief interview with Dr P Musgrove of the School of Computing and IT (who has resulted to be my partner's Line Manager) during which, my partner explicitly discussed that he wanted to consider for the post the application of PBL (problem-based learning) and the teaching pragmatism of John Dewey. In an exchange of comments, Dr Musgrove asked my partner what he would do if people wouldn't accept things of this type. My partner answered that he, of course, would need the support of other individuals in the School.

Later, in the formal interview, a panel composed of K. Bechkoum, H. Grealish, D. Wilson (of the Business School) and Prof. Moreton threw questions at my partner. During this interview, my partner had opportunity to talk of his skills and research. My partner recounted to me his dismay at a very strange remark made by D. Wilson, of the University of Wolverhampton Business School. He asked my partner if he would like to be Dean of the School. Of course, my partner then and now does not ask favours for titles or job positions; nor does he lobby or network to enhance his CV and found the comment most unwelcome, to which he answered, "you need experience to stay in that position". Wilson did not respond to this comment and the interview concluded shortly afterwards.

My partner was first in order of preference with a summary indicating him to be an "excellent candidate". The contractual paperwork was received by my partner shortly aftewards.

On 1st September 2004, my partner started his new job. He was taken around the department and then shown his new office. I saw this office with my own eyes and can witness the disgusting condition of equipment, furniture and the room in general. With the desk crammed under a sloping roof, my partner's chair was broken and unfit for use (it was impossible to rest back on the chair without ending up on the floor). The carpet and all around was filthy, as was the window that could not be seen through. Many appliances including kettles and computers had not been safety checked for years and there was even a bicycle in the room, which was shared with two other academics. The stand-alone air conditioning apparatus was non-functional.

In September/October 2004, all members of staff of the School of Computing and IT as well as some external members were in attendance when all new members of staff were literally asked to stand and present themselves.

When my partner's turn arrived, he did not stand up. It was, of course, the Dean Moreton who asked him with a gesture to stand, at which point my partner rose to present himself.

Soon afterwards, Moreton continued his show and in a rapid succession of words, pronounced two words: "Bloody Italians".

Not one person even offered my partner – obviously the Italian in the room – a glance of disapproval for this remark. Actually, upon leaving the show, he confided his dismay to a colleague who didn't even bat an eyelid and my partner feared from this early point that he was already in the hands of a mob.

Melody Boyce
Phone: 01902 765155 (UK)
Email: melodyboyce@yahoo.co.uk

You can also follow this story at: http://groups.yahoo.com/group/bullied_academics/

Anonymous said...

Anonymous said...

This is a response to the May 5 posting [see below] about the academic who was dismised for academic misconduct for using email and a blog to express criticisms toward managment and policies within their University. The posting reveals clearly why I am reticent to post details of names and persons associated with my own mobbing experience at my university on a blog. It is apparent that the mobbers and bullies peruse the Web, blogs, and discussion groups and use these postings to "get" their targets on some violation of university policy.

Where can we, the targets of bullies and mobbers, speak out against mobbing and bullying in ways that make our stories real, so we can heal, and attain some sense of justice without being targeted and attacked once more? Is that possible? Has anyone out there tried publishing their stories about mobbing in higher education in an academic journal, and been successful? I would like to know!

This blog on academic bullying and mobbing is a haven for me. It is where I can go and have my expereinces validated, feel support from people all over the world, and share. For when I share stories about being mobbed with colleagues within my own profession, they looked stunned, and appear to care, only later to treat me like I have a rare disease. Even at my union meeting, when I brought up an anti-mobbing resolution (that finally passed because there were union delegates opposed to it!), and shared my story about mobbing on my campus, I was "shunned" at lunch. Mobbed higher education faculty worldwide need solidarity, justice, and relief.

Is there a organization or conference where our stories can be told? How can we unite in a critical mass that transcends discipline, cultural and geographical borders?
------------------------
What objectively constitutes 'gross miscoduct' should be very easy to define. In fact, most universities list examples in their disciplinary procedures. You will often find that some of the descriptions on such lists allow for almost anything to be interpreted as 'gross miscoduct'. For example, 'any act or omission that amounts to the repudiation of the contract of employment' - but who decides this?

It is a sad realisation that one of the by-products of this blog is bosses snooping around, looking for 'evidence' to condemn a colleague, BUT we all know this is not the real reason AND one way or another they can find reasons for 'gross miscoduct' - if needed, the reasons can always be made up... This is the sad reality.

Of importance is also what we can do to support colleagues who decide to make their battle against workplace bullying open and well-known... If we can't go anywhere to speak freely and to support each other without the fear of repercussions, we may as well support those of us that decide to stand up. They are also fighting our battle - if we all make an effort to support them, perhaps then we can unite in a 'critical mass that transcends discipline, cultural and geographical borders'.

Article 10 of the European Convention on Human Rights protects the right to freedom of expression. Before the Human Rights Act 1998 came into force, the right to freedom of expression was a negative one: you were free to express yourself, unless the law otherwise prevented you from doing so. With the incorporation of the European Convention on Human Rights into English and Welsh domestic law, the right to freedom of expression is now expressly guaranteed.

However, the right to freedom of expression in Article 10 is not absolute. Interferences with the right to freedom of expression may be permitted if they are prescribed by law, pursue a legitimate aim and are necessary in a democratic society, that is, satisfy a pressing social need. The legitimate purposes for which freedom of expression can be limited are:

• National security, territorial integrity or public safety.
• The prevention of disorder or crime.
• The protection of health or morals.
  
• The protection of the reputation or rights of others.
  
• The prevention of the disclosure of information received in confidence.
  
• For maintaining the authority and impartiality of the judiciary.
  

The meaning of defamation

...There is no single comprehensive definition of what is defamatory. Various suggestions have been made before the courts, including any material which:

Is to a person’s discredit.

Tends to lower him or her in the estimation of others.

Causes him or her to be shunned or avoided.

Causes him or her to be exposed to hatred, ridicule or contempt.

For a statement to be defamatory the imputation must tend to lower the claimant in the estimation of right-thinking members of society generally. Even if the words damage a person in the eyes of a section of society or the community, they are not defamatory unless they amount to a disparagement of the reputation in the eyes of right-thinking people generally...

Also, somewhere we read: Academic staff have freedom within the law to question and test perceived wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves in jeopardy of losing their jobs or privileges.

It is a test of principles, for the individual(s), the colleagues, the friends, the union reps and the managers... If this was a test, the failure rate would be very high...

An injury to one is an injury to all

Press Release - Please Read & Disseminate

An academic has been dismissed from the School of Computing and IT at the University of Wolverhampton on the grounds of Gross Misconduct following the use of email and an online blog devoted to bullying in academia to express criticisms and complaints towards management and policies within the University.

References to bullying, harassment and discrimination were publicised via both internal University of Wolverhampton email and more recently via the http://bulliedacademics.blogspot.com/ website and accompanying forum (the message can be seen at http://groups.yahoo.com/group/bullied_academics/message/111).

The Senior Lecturer in Computing, who has been disabled from work due to stress and depression for over six months, was unable to participate at the disciplinary hearing because of his illness and the decision to dismiss was taken in his absence. He remains unfit for work after a long standing dispute and a string of unresolved grievances regarding relations in the School and working conditions.

The Health and Safety Executive has been called in since October 2006 to investigate the management of workplace stress and return to work procedures at the University of Wolverhampton.

The "Bullied Academics" blog and forum have become virtual meeting points for academics from the UK and worldwide to share similar experiences and constructive discussion about bullying in academia.

From:
Melody J. Boyce
Email: melodyboyce@yahoo.co.uk
----------------------------------
The above (received: Sat May 5, 2007 4:14 pm) relates to a recent post: Bullying of Academics in Higher Education: Questions for Caroline - Wolverhampton, UK.

Also, extract from 'Talking is not working' - what the target/victim posted on an anti-bullying online group:

'...I would also like to explore the connections between bullying and leadership/management styles which I believe give the possibility to bullies (managers and non-managers) to thrive and the university policies that hide the bullying and the bullies behind managerial procedures.

... From my side I am trying to build a blog with all the happenings of management-union collusion, probation flaws, breach of contract, favouritism, lack of interviews for promotions all backed by bullying at Wolverhamtpon in the School of Computing and IT and will publish it soon with name and surnames and evidence (of course)...'
---------------------------
Brian Martin has ellaborated upon the 'five Rs'. In brief:

The keys to backfire
• Reveal: expose the injustice, challenge cover-up
• Redeem: validate the target, challenge devaluation
• Reframe: emphasise the injustice, counter reinterpretation
• Redirect: mobilise support, be wary of official channels
• Resist: stand up to intimidation and bribery

When and how does an individual case - like Rosa Parks - become a catalyst for major change? It helps when an injustice to one is perceived as an injustice to all. This is a call to arms...

Questions for Caroline - Wolverhampton, UK

Questions for Caroline:

Of course, there has been another dismissal. It is of my partner, from the School of Computing and IT at the University of Wolverhampton notified by letter.

The claim is gross misconduct.

Apparently, he was too critical of the bully Dean of School and the widespread malpractice which I (unusually being a non-employee) managed to witness. One of the criticisms they seem to have disliked was a message posted on the yahoo group in response to the item “Talking is not working”.

I’ll refrain from commenting for now on the ridiculous charade reported by letter as a ‘hearing’ but all the details will soon be out. Please look out for my series Pack of Wolves.

My partner, meanwhile, is too ill with stress and depression (and has been since 2005) to respond appropriately and indeed could not attend the kangaroo court himself.

Needless to say the bullying and intimidation extended to use of messages posted on this forum should not make you fearful. Keep posting and keep naming and shaming.

In the likely event that you know these individuals, please tell them that the news is still here and will be here and else, that is, tell Mr Gordon, Sir Geoff Hampton, Prof Gipps, Mr Cutler and especially Prof (without Doctorate) Moreton, happy reading, there’s more to come here and elsewhere.

BTW: I was nearly forgetting my partner, who has been dismissed has achieved to date:

HND in BIT (commended by examination board) at Brunel University

BSc (hons) in BIT (commended by examination board) Open University

MPhil in Computation (commended by the examiner) at University of Manchester

PGCert at the University of Wolverhampton (despite bullying and harassment from tutors and line management)

He is also studying for an MBA with good results at the moment.

A question then for the VC Caroline Gipps, why did you not take care of all these skills , or when have you ever taken care of these skills Caroline?

Since being at the University of Wolverhampton my partner has also funded all his own studies together with other conferences, except the PGCert. He has written publications and spent hundreds and hundreds of pounds on books etc. etc. etc, without presenting one receipt to Prof (without doctorate) Moreton. Since 2005, he has been without any training supported by the University and of course he pays his own professional associations membership fees included the Higher Academy which the University instead uses for validation purposes.

Another question for Caroline, is this the fairness you refer to in your speeches where you care so much for your staff, Caroline?

My partner has also been without an office since May 2006 although one was promised by Dr Bechkoum (new Head of School of Computing at Derby University) and never implemented. My partner had to receive students in the campus bar for tutorials since May 2006 as I was shocked to witness on numerous occasions.

Caroline, seriously no space for one employee, with all these qualifications, skills, qualities and passion and seriousness about his job, bullied out of his office by the Union rep in the School of IT of your University?

Anyway, too many difficult questions for now, Caroline. More to come later with the first Pack of Wolves story: Interviews for Senior Lecturer at the School of Computing and IT, University of Wolverhampton (yes, it really started that early on).

Anybody on this forum angry about the public attack and shame of the Union collusion with management at the University of Wolverhampton?

Nice to know at least that this forum’s readership extends beyond its contributors, so the bullies themselves can believe what they see now in the mirror.

Regards,
MJB.
------------------
Above post received Friday 4 May 2007.

From 'Staff Disciplinary Procedures', Wolverhampton University:

'...In cases of alleged gross misconduct the University will normally suspend a member of staff on full pay. This is to allow an investigation into the alleged gross misconduct and/or where relationships have broken down and/or where there are risks to the University’s property or it’s responsibilities to other parties or for some other good and urgent cause. [Was there such a threat?]

The decision to suspend should be taken only after careful consideration and should be reviewed to ensure it is not unnecessarily protracted. [Request a detailed explanation for the decision.]

Any member of staff who has been suspended on full pay and that suspension lasts for more than 21 consecutive days has the right to appeal against the suspension to the Staff Disciplinary Committee of the Board of Governors. Appeals must be in writing and addressed to the Clerk to the Board of Governors, Wulfruna Street, Wolverhampton, WV1 1SB

Staff who are suspended on full pay may not for the period of the suspension enter any building or premises owned operated or occupied by the University of Wolverhampton, make use of any of the University’s facilities or contact any member of staff or student [This last one is contrary to Article 11, Human Rights Convention. This imposition has no legal standing outside the campus. One can meet up with anyone they wish within the limits of the law.] without the express permission of the Vice-Chancellor or his nominated deputies in this matter; the Head of Personnel, relevant Personnel Manager, Dean of School or Head of Department.

Staff must ensure, whilst suspended on full pay, that they are readily available to attend meetings or hearings called by the University. For example, staff should not make arrangements to go on holiday whilst on suspension without the express permission of the Vice-Chancellor or his nominated deputies in this matter, namely the Head of Personnel, relevant Personnel Manager, Dean of School or Head of Department.

Permission to enter University premises in order for a member of staff to contact or consult with their trade union officer or work-based colleague will not be unreasonably withheld.

Staff who are suspended on full pay, will have their suspension confirmed in writing with a copy of the suspension order being given to the Clerk to the Board of Governors...' [Usually a colleague of managers. His/her role is to 'filter' what goes through to the Governors.]

Anonymous said...

Anonymous said...

I work for a boss (Chair and now Interim Dean) who bullies, and has other faculty do the mobbing for her. She is undeniably a sociopath (and ex-local beauty queen) who manages to fool a lot of people with her high squeaky voice "Hi, guys!" and her dyed blond hair and blue eyes. Unfortunately, I also have a Provost and Chancellor who are corrupt. Grievance comittees on my campus also tend to be weak.

I am a tenured senior faculty member being mobbed, and bullied. I was just given a below post tenure rating for speaking out in a Personnel Committee against a probationary faculty member who lied on his tenure/promotion resume. He said that he had publications under review, and he did not. The Personnel Committee attacked me and said I had a "vendetta" against this guy. The Chair who gave him a rating based on his publications so instead of non-tenuring this colleague, they attacked me with a below. The Chair, now Dean wrote libel and slander about me in her summary. She said I was "unethical" and made up many lies about me for which there was no data.

I filed a grievance against her, the Dean, and Provost. All of them came to the hearing with no data to support their claims. The Chair refused to answer 10 letters of questions sent to her by my union representative. The "hearing" lasted 8 hours and the grievance process lasted 14 months. The Chancellor received the report where the Committee recommended that I receive another review and that they did not follow the university rules. By the way, the Provost (female and friends of the Chair and Dean) was included in the grievance.

The Chancellor dismissed the grievance and said that his administrators followed the rules. Also, the Chair, Dean and Provost are all grads of the university to which they are employed at. So, at this point, bullying boss-has not given me my teaching schedule for fall (not typical treatment for tenured professors).

I am speaking anonymously, here, and not mentioning my institution, not for fear of reprisal (what more could they really do to me ?!) but because I want the story to go public in a way that does NOT allow the perpetrators, abusers, and my sociopath Chair, now Interim Dean, to log on a blog and bully and mob me one more time!

May Day

About the Serial Bully...

…In the workplace, serial bullies aspire and are often promoted to the managerial level. Bullies become bosses not the other way around. In a workplace where upper management is removed or currupt, where employees are degraded, there is little job security, disparent treatment abounds, and job expectations are unclear, bullies thrive and workers suffer. Little real work ever gets accomplished.

…The person being bullied may not realise they are being bullied for weeks or months - until there's a moment of enlightenment.

…What the serial bully lacks in decency or intellegence is often made up for in cunning and cruelty. Most have honed their bullying skills throughout their miserable lives. So beware!

A favorite tactic of bullies is to falsely accuse his/her victim of something so outrageous that the victim is stunned with humiliation. The decent or religious worker is accused of viewing pornography at work, the dignified moral worker is accused of sexual misdoings, the liberatian is charged with being a racist, the most honest worker is branded a thief. It doesn't really matter that the bully often can't make the charges stick, the harm is already done. There's that element of guilt by association placed in the minds of others. Bullies do this to assure the victim's Subjugation, Elimination, or even better to the bully, Ruination! Bullies are masters of projection so they never run out of terrible things, from their own lives, to accuse others of. Real Sick Isn't It?

From: http://www.uncommonforum.com