Whistleblowing Policy
1. Introduction
1.1 It is the responsibility of Asia School of Business (“ASB”) staff and faculty to conduct
themselves in accordance with the ASB’s policies and procedures, including ASB’s
Code of Business Conduct and Employee Handbook.
1.2 This Whistleblower Policy provides an avenue for all employees and counterparties of the ASB, as well as members of the public to disclose any improper conduct or unethical behaviour, actual or suspected fraud and/or abuse in ASB, in accordance with the procedures as provided for under this Policy. The policy also stipulates the protection provided to the whistleblower and the type of information protected .
Note:
- ASB Management Sdn Bhd (“ASBM”) owns and operates the Asia School of Business (“ASB” or “the school”), an independent educational institution organized under the laws of Malaysia and established as a private higher learning institution under the Private Higher Educational Institutions Act 1996.
- ASB is a graduate business school established in collaboration with Massachusetts Institute of Technology Sloan School of Management, Cambridge, Massachusetts, United States.
- For ease of reference, ‘ASB’ is used interchangeably with ‘ASBM’ in this policy document to reflect the practical and operational reality that ASBM serves as the corporate entity of ASB. All legal and commercial references, however, pertain specifically to ASBM.
1.3 This Policy aims to assure whistleblowers that they will be fully protected from being identified, harassed, or discriminated for whistleblowing in good faith.
2. Scope of this Policy
2.1 The types of misconduct include, but are not limited to the following:
- Financial misconduct involving internal or external parties, such as corruption or fraud, bribery, theft, falsifying claims, or other acts of financial impropriety, whether or not directly related to ASB’s resources;
- Criminal offences which threaten the performance or well-being of ASB or its affiliates;
- Any activity that tantamounts to a serious breach of professional and ethical conduct as stated in ASB’s official documents such as employment agreement, directives, circulars, policies, the Code of Business Conduct, and the Employee Handbook;
- Misappropriation or misuse of ASB’s funds;, specifically, the unauthorised use, diversion, or embezzlement of ASB’s financial resources. and
- Knowingly directing or advising a person to commit any of the above misconducts.
3. Reporting Procedures
3.1 The procedures elaborated within this Policy are confined to those situations where a whistleblower may need to make the necessary Protected Disclosures.
3.2 Reports of suspected or actual misconduct or unethical behavior should be made to the Whistleblower Committee Chairman, the Chairman of the Audit Committee, or the Chairman of the Board of Directors (henceforth known as the ‘Authorized Officers’) via ASB’s various reporting channels. All reports will be treated as formal grievances and will trigger the necessary investigation and if appropriate, disciplinary actions.
4. Reporting Channels
4.1 All Protected Disclosures are to be channeled in accordance with the procedures outlined under this Policy and should contain as much specific information as possible to allow for proper assessment of the nature and extent of the concern.
4.2 Protected Disclosures can be made through any of the following reporting channels, in a strictly confidential manner: –
- Email to ethics@asb.edu.my, where access to protected disclosures are restricted to the Whistle Blower Committee; or
- In writing or in-person to the Whistle Blower Committee which comprises
- Director, Human Resources,
- General Counsel,
- Chief Internal Auditor, and
- any other member deemed suitable and appointed by the Audit Committee
of ASB; or
- In-writing to Chairman of the Board of Directors or the Chairman of the Audit Committee of ASB, as Authorised Officer(s).
- As set out in section 4.3 below.
4.3 Whistle Blowers are advised to follow the following whistleblowing procedures when lodging any Protected Disclosures to the applicable Authorised Officer(s):
| Alleged Wrongdoer | Designated Person(s) | Email / Write To |
|---|---|---|
| Staff or Faculty (Who is Not a Member of the Whistle Blower Committee) | Whistle Blower Committee | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; steven.lim@asb.edu.my |
| 3rd Parties (e.g. Corporate Partner, Vendor or Contractor) | Whistle Blower Committee | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; steven.lim@asb.edu.my |
| Member of the Whistle Blower (WB) Committee | Chairman of the Audit Committee; Chairman of the Board of Directors; OR WB committee member(s) who is/are not accused or implicated in the complaint | Chairman of the Audit Committee (ac.chair@asb.edu.my); OR Chairman of the Board of Directors (bod.chair@asb.edu.my) OR angeline.teng@asb.edu.my; OR anella.munro@asb.edu.my; OR dan.raj@asb.edu.my; OR steven.lim@asb.edu.my |
| Senior Management or Board Director (Who is NOT the Chairman of the Audit Committee) | Whistle Blower Committee; to escalate to the Chairman of the Audit Committee OR Directly to Chairman of the Audit Committee | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; and steven.lim@asb.edu.my OR Chairman of the Audit Committee (ac.chair@asb.edu.my) |
| Member of the Audit Committee | Whistle Blower Committee; to escalate to the Chairman of the Board of Directors OR Directly to Chairman of the Board of Directors | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; and steven.lim@asb.edu.my OR Chairman of the Board of Directors (bod.chair@asb.edu.my) |
| Alleged Wrongdoer | Designated Person(s) | Email / Write To |
|---|---|---|
| Staff or Faculty (Who is Not a Member of the Whistle Blower Committee) | Whistle Blower Committee | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; steven.lim@asb.edu.my |
| 3rd Parties (e.g. Corporate Partner, Vendor or Contractor) | Whistle Blower Committee | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; steven.lim@asb.edu.my |
| Member of the Whistle Blower (WB) Committee | Chairman of the Audit Committee; Chairman of the Board of Directors; OR WB committee member(s) who is/are not accused or implicated in the complaint | Chairman of the Audit Committee (ac.chair@asb.edu.my); OR Chairman of the Board of Directors (bod.chair@asb.edu.my) OR angeline.teng@asb.edu.my; OR anella.munro@asb.edu.my; OR dan.raj@asb.edu.my; OR steven.lim@asb.edu.my |
| Senior Management or Board Director (Who is NOT the Chairman of the Audit Committee) | Whistle Blower Committee; to escalate to the Chairman of the Audit Committee OR Directly to Chairman of the Audit Committee | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; and steven.lim@asb.edu.my OR Chairman of the Audit Committee (ac.chair@asb.edu.my) |
| Member of the Audit Committee | Whistle Blower Committee; to escalate to the Chairman of the Board of Directors OR Directly to Chairman of the Board of Directors | ethics@asb.edu.my OR angeline.teng@asb.edu.my; anella.munro@asb.edu.my; dan.raj@asb.edu.my; and steven.lim@asb.edu.my OR Chairman of the Board of Directors (bod.chair@asb.edu.my) |
Note for Letters
5. Contents of a Protected Disclosure
5.1 The Protected Disclosure¹ should include at least the following particulars: –
- the whistleblower’s name, current address and contact number(s);
- details of the misconduct which should include as much information such as the nature, date, time and place of the alleged misconduct and identity of the alleged wrongdoer;
- particulars of witnesses, if any; and
- supporting documents or evidences, if any.
6. Assessment and Investigation
6.1 Depending on the applicable scenarios based on the identity of the alleged wrongdoer as provided in paragraph 4.3 above, the Authorised Officer(s) will evaluate/assess the Protected Disclosure to determine whether it constitutes a misconduct that warrants investigation or is excluded from the scope of this Policy.
6.2 The whistleblower and the alleged wrongdoer are expected to give his/her full cooperation in any investigation or other process carried out pursuant to this policy including, if required, attending meetings. Such requests shall not be deemed a detrimental action or treated as an act of reprisal against the whistleblower as it facilitates any investigation and/or decision making.
7. Outcome of the Investigation
7.1 Whistleblowers will be informed by the Designated Person of the outcome of the investigation and action taken.
¹means to report or disclose confidentially an action or suspected action taken within ASB that is illegal, fraudulent or in violation of any adopted codes, policies and procedures of ASB, or applicable legislation.
7.2 The Whistleblower Committee or the independent Investigating Team shall prepare a report on the investigation of the Protected Disclosure, and where applicable, apprise the Audit Committee or the Board of Directors on the report accordingly.
8. Whistleblower Protection
8.1 Whistleblowers who report in good faith, based on reasonable grounds and in accordance with the procedures in this Policy, will be provided with the following protections, provided that such disclosures are made to the applicable Authorised Officer(s) listed in Section 4.3, who will ensure that no unfair treatment will be meted out to the whistleblower:
- Confidentiality: The whistleblower’s identity and information will be kept confidential and will not be disclosed except where required by law or to facilitate investigations on a ‘need to know’ basis.
- Protection against Detrimental Action: Whistleblowers will be protected against any detrimental action within ASB as a direct consequence of their Protected Disclosure. The whistleblower’s information will be kept confidential and will not be disclosed except where disclosure is required by law or to facilitate the investigations or other process carried out pursuant to this policy on a ‘need to know’ basis.
8.2 If a whistleblower in good faith, reasonably believes he or she is being subjected to any of the above detrimental actions as a direct consequence of having made a Protected Disclosure under this policy, he/she may consult the Authorised Officer(s). If the detrimental action has been meted out by an Authorised Officer privy to the case, the whistleblower may escalate the matter to a higher authority. The Authorised Officer(s) will ensure that no unfair treatment will be meted out to the whistleblower. In cases where the whistleblower remains aggrieved, the matter shall be escalated to the Audit Committee and/or Board of Directors, where appropriate, for further review and resolution.
9. Revocation of Whistleblower Protection
9.1 The right of a whistleblower to the above protection does not include immunity for any wrongdoing that is alleged and investigated against him/her.
9.2 The whistleblower protection conferred above shall be revoked if ASB is of the opinion, based on its investigation or in the course of its investigation that: –
- the whistleblower himself/herself has participated in the misconduct which is the subject of the Protected Disclosure;
- the whistleblower willfully made in his Protected Disclosure a material statement which he/she knew or believed to be false or did not believe to be true;
- the Disclosure was frivolous or vexatious; or
- the Disclosure was made solely or substantially with the motive of avoiding dismissal or other criminal or disciplinary action.
9.3 The whistleblower will be informed of this revocation in writing.
10. Limitations of the Whistleblower Policy
10.1 This Policy applies to any matter which is related to ASBM and ASB that constitutes a breach of law, a criminal offence, a wrongdoing or malpractice.
10.2 The following issues, complaints or concerns are not covered by this Policy: –
- Matters which are assessed by the Authorised Officer(s) to be frivolous, malicious or vexatious in nature or are motivated by personal agenda or ill will;
- Matters covered by ASB’s Grievance Procedures;
- Matters pending ASB’s disciplinary proceedings;
- Matters pending any tribunal, arbitration or court proceedings;
- Disclosures prohibited by any written laws.
11. Responsibility and Compliance
11.1 It is the responsibility of every employee to make a Protected Disclosure of a misconduct as soon as possible. Failure to do so can result in loss of reputation and financial loss to ASB. Additionally, in the event an investigation on a Protected Disclosure of a misconduct reveals that an employee had knowledge of the said Disclosure and failed to report the said incident, his/her failure to report can amount to a breach of the employment contract and/or the law. The employee may then be subjected to disciplinary proceedings in accordance with ASB’s Code of Business Conduct and Employee Handbook, where appropriate.
12. Review of the Policy
12.1 The adequacy and relevance of this ASB Whistleblower Policy shall be reviewed on a regular basis by Legal and Corporate Secretarial Department. Any proposed changes will be presented to the Audit Committee who will recommend to the ASB Board of Directors for approval.