Give notice

Criticulous matters are meant violations of laws and regulations, internal policies or ethical rules. Examples of criticisable conditions can be:

• Violations of laws and regulations
• Corruption, theft, embezzlement, financial irregularities

• Abuse of power
• Unwanted sexual attention
• Bullying, harassment, ostracism
• Actions that may entail a danger to life and health
• Deficiencies that may pose a danger to life and health

• Violation of internal routines
• Breach of confidentiality
• Violation of ethical norms
• Abuse of drugs

Matters that an employee or student believes are objectionable solely on the basis of their own political or ethical convictions are not covered by the notification provisions of the Act.

The same applies to disagreements or contradictions between professional and administrative relationships and decisions.

As a rule, notification should take place internally. Preferably, notification should be made in writing. External notification is only acceptable when internal notification has been thoroughly attempted without satisfactory result.

Notification can take place anonymously if the whistleblower so wishes, but this is considered an emergency solution. There should be transparency and height for notification to be harmless and positive. If it is notified anonymously, it means that only the person receiving the notification knows the name of the whistleblower. However, management cannot relate passively to an anonymous notification.

The notifier must have a sound basis for the notification, the decisive thing will be what the employee or pupil in question had reason to believe from their position and competence and with the information available at the time of the notification.

Notification should usually be made to the boarding school manager, assistant principal or principal. If the content of the notification includes one of these three, the notification may also be made to the Chairman of the Board. In addition, notifications can be made to:

• Protective Services Officer
• Employees' elected representatives
• Student council leader or other member of the student council

Normal further proceedings are for the protection ombudsman to take the case with someone in the whistleblowing committee. A notification to an elected official should be addressed further in the relevant trade union. Notification to the Student Council may — if the Student Council so wishes — be passed on to the school's management.

The person who receives the notification has a duty to address the relationship in the manner and to the persons with whom the case naturally involves. Incidentally, the school has no governing right over how the union or student council should receive and treat notifications.

The notification recipient should investigate the matter further by asking necessary control questions, for example having a conversation with both the notifier and the person being notified to ensure that all aspects of the case are elucidated. In one process, notification recipient can contact internal “supporters”.

In the case of more serious critical circumstances, the person or body receiving the notification should make sure to document the time, place, who made the notification and what the case is about. Documentation is particularly difficult in cases that can result in liability for individuals. In such cases, the notifier should certify that the documentation reproduces the correct content of the notification.

The person or body receiving the notification must consider whether to establish a case on the basis of the notification. Consideration must be given to case management principles that apply to Vefsn Folkehøgskole, such as the Administrative Law and the GDPR. If a case is created, it must be recorded. While the case is pending, the documents in the case must be considered internal documents that can be exempted from the public. Once the case has been processed, the documents will be processed in accordance with the rules on personal data and in relation to whether the case is exempt from public access.

If the conclusion of the notification case is that there has been a misconduct, any personnel case shall be registered as a separate case.

The person notified shall, as soon as possible after the whistleblower has explained himself and the notification committee has an overview of the matter from the perspective of the whistleblower, be made aware of the notification and with what information has been provided. They will then have the opportunity to give their version of the case. Once the case has been finalised, the person notified shall be notified immediately, regardless of the outcome of the processing.

The notifier shall also be informed, as soon as possible after the end of the processing, of the outcome of the processing of the notification case.

The individual employee or pupil will also have the right to contact public supervisors on relevant matters, such as the Labour Inspectorate, the Police, the Civil Ombudsman, the Danish Data Protection Authority, the Education Directorate or the Equality and Discrimination Ombudsman. Notification to a superior authority is considered an external notification and should only be used if internal notification does not result.

External notification via media should only take place after the whistleblower has attempted internal notification and external notification to the above organisations, as the possibility of inflicting unintended harm on individuals is much greater in what the media is plugged in.

The identity of the whistleblower should not be made known to more people than is strictly necessary for further proceedings.

The notification must be prudent and not contravene other legal provisions such as confidentiality.

It is foreseen that critical matters notified are rectified as soon as possible.

Relationship with the one who notifies
Anyone who warns of critical matters in a prudent manner should not be subjected to negative reactions. (AML § 2.4). This is the responsibility of management.
The notifier should have feedback on what is being done to correct what is being notified of or what will be the outcome of the case.

Relationship with the person being notified if it concerns a person
‍In cases where the notification relates to a person, employee or student, the latter shall be made aware of the information provided. The person concerned should have an opportunity to give their version of the case.
However, the consequences of the person concerned becoming aware of the charges must be assessed against the possibility of loss of evidence, the risk of retaliation, etc.

The notification procedures shall be available on Vefsn Folkehøgskole's website and made known to all staff and pupils in the information provided by the school before the start of school.

Rules on notification are contained in sections 2-4, sections 2-5 and sections 3-6 of the Working Environment Act.

2-4. Notification of critical business conditions

1. The employee has the right to notify about objectionable conditions in the enterprise.
2. The employee's method of notification shall be prudent. In any case, the employee has the right to notify in accordance with the notification obligation or the company's notification procedures. The same applies to notification to supervisory authorities or other public authorities.
3. The employer has the burden of proof that notification has occurred in violation of this provision.

2-5. Protection against retaliation in case of notification

1. Retaliation against the employee who notifies in accordance with § 2-4 is prohibited. If the employee provides information giving reason to believe that retaliation has taken place contrary to the first sentence, it shall be presumed that such retaliation has taken place unless the employer suggests otherwise.
2. The first paragraph applies similarly in the case of retaliation against an employee who gives notice that the right to notify under section 2-4 will be exercised, for example, by providing information.
3. Anyone who has been subjected to retaliation in violation of the first or second paragraph may claim compensation without regard to the fault of the employer. The compensation shall be determined at the amount which the court finds reasonable, taking into account the circumstances of the parties and the circumstances in general. Compensation for financial loss may be claimed under normal rules.

3—6. Obligation to facilitate notification

1. The employer shall, in connection with the systematic health, environment and safety work, draw up procedures for internal notification or implement other measures that facilitate internal notification of critical matters in the business in accordance with section 2-4, if the circumstances of the business so require.

In the cooling waters of #metoo, we have seen a need to detail routines related to cases of unwanted sexual attention.

Notification of such cases can be sent to all employees at Vefsn Folkehøgskole, but perhaps especially to boarding school leaders and line teachers — either orally or through a written channel. We also have a button on this page, which will take you to our notification form.

In order for Vefsn Folkehøgskole to be able to get an overall overview of the scope, ensure that incoming cases are treated sensitively — and that measures at the proper level are taken — these procedures must be followed:

1. Who handles the cases
2. Employees who receive enquiries report further to one of the persons on the notification committee. Whistleblowers should be informed that the matter is being reported. Cases submitted orally must be made in writing (see section 4).
3. The staff encourages students/colleagues who notify to report the matter, formally, to the whistleblowing committee for further consideration. Employees who receive the notification are not responsible for following the case, but can offer assistance if students/colleagues wish to do so.

2. How to handle the cases of the whistleblower
3. It is the notification committee that responds in writing to the inquiries that come in — with a standard response adapted to each case. Anyone who comes forward is offered a call to elaborate their notice and get information about how Vefsn Folkehøgskole handles such cases. At least two of the three members of the notification committee should be present during the call. If necessary, the Chairman of the Board participates in the conversation.

3. How to handle the cases of the person notified
4. If the person concerned is notified if he or she is a student or employee of Vefsn Folkehøgskole, a conversation should be made with the person concerned. There will normally be a conversation between the student/staff and the notification committee. Any action taken against the notified person will be decided after the call. Once the facts have been clarified, and in cooperation with the whistleblower, the Notification Committee will consider whether the police or the conflict council should be involved.

4. Documentation of the cases
5. All cases notified must be made in writing. An access group has been set up on Vefsn Folkehøgskole's computer systems where only the Head of Boarding School, Assistant Principal and Principal have access. All cases are except public.

5. Feedback loop
6. The cases entered in the Notification Committee's area in the computer system shall contain information about the case concerned and how it has been handled. This means that in cases where employees have received notifications, a brief record must be written by the employee. All other contacts between the notification committee and the implicated parties shall be made in writing.

What do you do if you, or someone you know, experiences unwanted sexual attention? When should you report?

‍If you experience unwanted sexual attention/harassment, or witness repeated unwanted sexual attention/harassment, you shall: say from as quickly as possible. This is how the case can be dealt with before it develops further.

‍What happens when you report?
‍When the Notification Committee receives a complaint about perceived unwanted sexual attention/harassment, our procedures for handling notifications of unwanted sexual attention apply.

Vefsn Folkehøgskoles policy is zero tolerance
Vefsn Folkehøgskole has zero tolerance for unwanted sexual attention and harassment. Vefsn Folkehøgskole is an institution characterized by a small environment with close ties between students and staff. All pupils and staff are entitled to a daily life free from the experience of being harassed, sexually or otherwise. This document is an instrument in the work of providing students and staff with a safe everyday life.

The Board of Directors of Vefsn Folkehøgskole has the overall responsibility for ensuring a fully sound learning and working environment, according to the Law on Folk Colleges.

‍Rector