1 Introduction

University College Cork (UCC) is committed to conducting all its business in an honest and ethical manner and has a zero tolerance policy towards Fraud and Corruption.

UCC’s values are represented in the mnemonic CAIRDEAS, the Irish for 'friendship', as they underpin our relationships and engagement with the local and global UCC community and all our partners:

Compassion
Agility
Integrity
Respect
Discovery
Equity
Accountability
Sustainability

These values underpin this policy and the related procedure.

2 Purpose

The purpose of this policy is to:

• promote a culture of honesty, integrity and professionalism in line with our University values by setting out the University’s position on Fraud and Corruption;
• provide guidance on recognising what constitutes Fraud and Corruption and provide guidance to Members of the University on how to address suspicions of Fraud and/ or Corruption activities; and
• set out the responsibilities of the University and of those working on behalf of the University in observing and upholding the University’s position on Fraud, bribery and Corruption.

The Fraud and Corruption Response Procedure operationalises this policy and sets out the steps that should be followed in the event of alleged Fraud and/or Corruption. The Fraud and Corruption Response Procedure is available on the UCC website - www.ucc.ie/en/ocla/policy/afcpp/procedure.

3 Definitions

In this policy, the following capitalised terms (which are used throughout this policy) will have the following meanings:

Fraud

For the purpose of this policy, Fraud is any dishonest act or omission, carried out deliberately or recklessly, that results in loss to the University, the avoidance of an obligation or the obtaining of a benefit or advantage (whether for the person acting or omitting to act or for a third party). Fraud also includes attempted Fraud. While it is not possible to list all categories of Fraud, some categories include:

• misappropriation of assets;
• financial Fraud including misrepresentation of expense claims;
• computer Fraud;
• bribery and Corruption;
• supplier Fraud;
• time Fraud.

Corruption

Corruption means the abuse of entrusted power, position or authority, including the direct or indirect offering of, seeking or accepting inducements, gifts, favours, payment or benefits in kind which may improperly influence the action of any person in relation to their office of employment, position or business. Favouritism and/ or nepotism also constitute corruption.

The corrupt person need not benefit directly from their deed; they may unreasonably use their position to secure or influence some advantage to another. Not reasonably taking action to prevent Corruption, also amounts to Corruption.

Member of UCC

This policy is a University wide Policy which applies to all “Members” of UCC who, in accordance with the University Statutes, are defined as:

• Members of the Governing Authority;
• Members of the Academic Council;
• University employees;
• University students;
• any other person the Governing Authority may appoint to be Members.

For the purpose of this policy, it also includes any volunteer or service provider participating or engaged in UCC arranged activity or service provision to the University, and any Members of the Governing Authority Committees who are external to the Governing Authority.

4 Scope

This policy applies to all units of the University. These are all hereinafter collectively referred to as the ‘University’.

Allegations of a breach of research integrity will be dealt with in accordance with the Code of Research Conduct and University Statutes when appropriate (for further guidance please see https://www.ucc.ie/en/research/culture/integrity).

This policy does not apply to allegations of academic misconduct which are dealt with under other policies and procedures.

The University has a Disclosures Policy which Members must familiarise themselves with.

6 Responsibilities

Governing Authority

Governing Authority is responsible for oversight of the use of University funds and resources and for approving this Policy.

Audit and Risk Committee

The Audit and Risk Committee (ARC) will receive a copy of the Fraud Response Panel final report and will advise Governing Authority in relation to fraud reported to the ARC.

The ARC will, at an appropriate time, consider the recommendations (if any) listed in the Fraud Response Panel’s final report and whether they have been implemented, as appropriate.

President

The President ensures that this Policy is implemented across the University and delegates responsibility for implementation of specific elements of the Policy to members of the University Leadership Team.

Members of the University Leadership Team (ULT)

ULT members are responsible for:

• ensuring staff in their area are aware of this policy and their responsibilities under it;
• ensuring the implementation of this policy within their areas;
• being alert to the possibility for Fraud and/or Corruption; and
• establishing and implementing controls to prevent and detect Fraud and/or Corruption.

Management

It is the responsibility of managers to promote a culture of integrity and ethical behaviour throughout the University, including when dealing with contractors and third parties delivering services to or on behalf of the University and specifically in relation to monitoring activities and minimisation of the risk of Fraud and/or Corruption in relation to University assets.

Managers are responsible for:

• determining controls and preventative measures to combat Fraud and/or Corruption.
• ensuring staff are familiar with this policy;
• assessing the types of risk involved in the operations for which they are responsible in accordance with the Risk Management Policy;
• ensuring that adequate systems of controls are in place and functioning correctly;
• ensuring appropriate management controls are in place to avoid undue reliance on any particular individual, e.g. double check system, where appropriate and in line with UCC policies.

Head of Internal Audit (HIA)

The Head of Internal Audit will normally Chair the Fraud Response Panel

The Head of Internal Audit will be responsible for submitting a copy of the final report of the Fraud Response Panel to the ARC.

Fraud Response Panel (FRP)

The Fraud Response Panel will be responsible for the handling and assessing of all allegations of Fraud and/or Corruption in a timely and appropriate manner in accordance with the Fraud and Corruption Response Procedure. The membership of the Fraud Response Panel is set out in the Fraud and Corruption Response Procedure.

Corporate Secretary

The Corporate Secretary will be responsible for all relevant legal and regulatory reporting requirements to external agencies applicable to the University in the circumstances.

University Members

Every member is responsible for:

• operating in accordance with this policy;
• the timely reporting of suspicions of Fraud and/or Corruption in line with the reporting procedure set out in the Fraud and Corruption Response Procedure available on the UCC website - www.ucc.ie/en/ocla/policy/afcpp/procedure
• full co-operation with any University audit, review or investigation.

7 Sanctions

Any member of the University who is found to have breached this policy may be subject to the relevant disciplinary procedures in accordance with University policies and procedures.

Persons reporting suspected Fraud or Corruption knowing it to be false may be subject to disciplinary action.

Persons who threaten retaliation against a person reporting suspected Fraud or Corruption may be subject to disciplinary action.

Persons who attempt to cover up, obstruct, fail to report or monitor Fraud and/or Corruption that they become aware of, will be considered to be an accessory after the fact and may be subject to disciplinary action.

8 Supporting Policies and Procedures

Supporting policies and procedures include, but are not limited to:

• Fraud and Corruption Response procedure;
• Code of Conduct – Governing Authority Members;
• Code of Conduct for Employees;
• Conflict of Interest Policy;
• Disclosures Policy;
• Hospitality and Gift Policy;
• Student Rules.

9 Policy Review and Version Control

This policy will be reviewed at least once every four years, and as soon as possible after any legislative or other relevant developments.

Table 1: Anti Fraud Policy Control Table