Indicate
Studierendenwerk Münster adheres to the principle of working together with students, business partners and employees in a spirit of trust. Corruption, fraud or other legal violations must have no place in this cooperation. If you learn in your daily work or in any other direct contact with us that these principles are being violated, please report it to us. If errors occur, we would like to uncover and rectify them.
Studierendenwerk Münster complies with the requirements of the German Whistleblower Protection Act (HinSchG) and the EU-wide standard for the protection of whistleblowers in accordance with the EU Whistleblower Directive (EU-2019/1937).
In order to implement these requirements, we have set up a whistleblower system that offers you the opportunity to report legal violations confidentially.
There are two reporting channels available to you
Our employees and all other persons who have legal dealings with the Studierendenwerk Münster can report legal violations by e-mail at hinweisgeben@stw-muenster.de or by telephone on +49 (0) 251 / 8379 – 705.
You will receive an acknowledgement of receipt within 7 days and information on the outcome of the investigation into your report within 3 months at the latest. In accordance with applicable law, the response must respect the confidentiality and right to privacy of all persons concerned.
We will treat every report with the utmost care, speed and confidentiality and comply with the applicable data protection laws. This means that only the persons necessary for the investigation and, if necessary, external investigators or auditors will be called in to conduct further proceedings.
Every process is properly registered and documented. The investigations are subject to the principle of fair procedure and are committed to objectivity in order to enable an impartial decision. The presumption of innocence applies to all persons concerned until a violation is proven.
We will respond vigorously to any misconduct identified; this may result in appropriate disciplinary action being taken against the perpetrators, among other things. On the basis of the facts established, the management – usually in consultation with the relevant department heads and the HR department – will make a decision on the case and take appropriate action.
Please note that our whistleblower system can only be used to report legal violations. For general information, complaints or suggestions, please contact us using the contact form on our website or in the Erika app.
The Federal Ministry of Justice (BfJ) will publish external reporting offices on the BfJ website in good time for the entry into force of the Whistleblower Protection Act on July 2, 2023, which whistleblowers can use to contact the Federal Government’s external reporting office. Reports can be made electronically, in writing, by telephone or in person to the external federal reporting office.
Detailed information on how to provide information
When is there a legal violation that justifies a notice?
- Criminal acts (e.g. corruption, fraud, embezzlement, theft, misappropriation)
- Violation of human rights, sexual harassment or violations of discrimination laws.
- Serious breach of confidentiality provisions.
- The violation causes considerable economic damage to the company.
- The violation significantly impairs the reputation of the Studierendenwerk (e.g. in the case of reporting in regional or national media).
- Violations may result in the loss of existing orders or exclusion from future orders.
- The violation leads to action by a regulatory or prosecuting authority (e.g. supervisory authority, public prosecutor’s office).
- There are indications of serious breaches of duty involving board members or managers (in particular breaches of supervisory duties).
- The violation requires a correction of the annual report.
- The violation is based on non-functioning control mechanisms.
Minimum information required
In order to carry out a result-oriented investigation, we ask you to provide the following information if you wish to report a legal violation:
- Please describe your concerns in detail (who, what, when, how, how often, is the infringement still ongoing?)
- Let us know if you have already raised your concerns elsewhere internally or externally and what the outcome was.
- Include information about possible witnesses or other evidence (e.g. screenshots, copies of relevant documents, etc.).
- It is sufficient to use one of the communication channels offered for your message.
- Be prepared for questions that may arise in the course of an exam and support the clarification by leaving a contact option.
General Code of Conduct
- Unnecessary exposure and damage to reputation must be avoided.
- Attempts to intimidate and retaliate against employees who report actual or suspected misconduct in good faith will not be tolerated. “In good faith” means that the person is convinced that the report is true, regardless of whether or not a subsequent investigation confirms the report.
- The person subject to disciplinary action and other persons in a position to take adverse action against the whistleblower shall be instructed, where appropriate, that retaliation against whistleblowers is strictly prohibited.
- If you believe that you will suffer intimidation or reprisals as a result of reporting a violation of the law, you should contact the “whistleblowing” hotline.
- Reports concerning intimidation or reprisals for a violation of the law will also be investigated according to the principles outlined above.
What rights do I have if I am accused of violating the law?
Procedural rights of suspected persons
- The investigating body is responsible for complying with the information and consultation obligations under applicable law.
- Compliance with the applicable labor law must be ensured.
- Confidentiality must be guaranteed throughout the entire procedure. This applies in particular to information about persons suspected of violating the law.
- The relevant information must be handled with the utmost care.
- Personal information may only be passed on if this is necessary for processing, serves a legitimate purpose (“need to know”) and complies with the applicable data protection requirements.
- Exposure and damage to reputation must be avoided.
Disciplinary measures for breaches of the law
- Disciplinary measures must be decided free of conflicts of interest (e.g. due to kinship, friendship, etc.).
- The company uses a transparent and documented procedure to ensure that disciplinary decisions are verifiable and comprehensible.
- When determining appropriate and necessary disciplinary measures, the circumstances of the individual case, the severity of the violation and its consequences as well as the applicable employment law must be taken into account.
- Exonerating and aggravating circumstances can be taken into account when making the determination
What happens in the event of false or intentionally false reports?
- Employees who have reported suspected or actual compliance misconduct in good faith are protected from any intimidation or reprisals, even if the reported suspicion is not confirmed.
- “In good faith” means that the person is convinced that the representation is true, regardless of whether a subsequent investigation confirms this representation or not.
- Intentional false report/accusation
- Knowingly making a false report about a compliance violation with the aim of deliberately and untruthfully accusing another person is itself a violation of the law and will be punished with appropriate measures.