This Whistleblower Policy applies to The Capability Project, Inc., a Georgia not-for-profit corporation (the “Corporation”). Its purpose is to encourage and enable directors, officers, key persons, employees, volunteers, and other individuals associated with the Corporation to report, in good faith, any concerns about illegal, unethical, or improper conduct, without fear of intimidation, harassment, discrimination, or retaliation. This Policy is intended to help safeguard the Corporation’s charitable mission, its resources, and its reputation, including in connection with any relationships or transactions involving The Capability Project Inc. or any other affiliated or controlled for-profit entity.
For purposes of this Policy, a whistleblower report may address any suspected violation of law, regulation, or policy; any suspected fraud, theft, or financial irregularity; any improper or undisclosed conflict of interest; any misuse of charitable or restricted funds; any serious violation of grant conditions, contract terms, data privacy, or confidentiality obligations; any material misrepresentation made to donors, regulators, or other stakeholders; or any other conduct that could reasonably be expected to harm the Corporation, its beneficiaries, or the public.
Any director, officer, key person, employee, volunteer, or other individual who, in good faith, believes that such conduct has occurred or is about to occur is encouraged and expected to report their concern promptly. Reports may be made in writing or orally to the Corporation’s Board of Directors, or to such officer, committee, or independent third party as the Board may designate to receive and coordinate whistleblower reports. To the extent practicable and consistent with a thorough and fair investigation, the Corporation will make reasonable efforts to maintain the confidentiality of the whistleblower’s identity and the information reported.
The Corporation strictly prohibits retaliation of any kind against any person who, in good faith, makes a report under this Policy, cooperates in an investigation, or otherwise assists in an inquiry regarding possible misconduct. Retaliation includes, but is not limited to, discharge, demotion, suspension, threats, harassment, adverse changes in work assignments or compensation, or any other conduct that would discourage a reasonable person from making or supporting a report. Any director, officer, key person, employee, or volunteer who engages in retaliation will be subject to corrective or disciplinary action, up to and including removal from office, termination of employment, or termination of volunteer status, in accordance with applicable law and the Corporation’s governing documents.
A person who knowingly makes a false accusation, or who intentionally provides false or misleading information in connection with a report or investigation, is not acting in good faith and may be subject to appropriate corrective or disciplinary action. However, a report is not made in bad faith solely because it ultimately proves to be mistaken, as long as it was made honestly and based on a reasonable belief that the information disclosed was true at the time.
Upon receipt of a whistleblower report, the Board of Directors, or its designee, shall promptly evaluate the concern and determine the appropriate course of action. This may include a preliminary review, an internal investigation, the engagement of external legal, accounting, or investigative professionals, or referral to law enforcement or regulatory authorities where required or appropriate. The scope and method of the investigation shall be determined by the Board or its designee, taking into account the nature of the allegations, the potential risks to the Corporation, and any applicable legal obligations.
The Corporation will seek to ensure that all investigations are conducted in an objective, fair, and impartial manner, with due regard for the rights of all individuals involved. Those conducting the investigation shall have appropriate authority and independence, and shall be given access to all relevant records, information, and personnel, subject to applicable legal and privacy requirements. The Board or its designee will determine what corrective, remedial, or disciplinary actions, if any, are warranted based on the findings of the investigation.
To the extent consistent with legal and confidentiality constraints, the Corporation will endeavor to provide the whistleblower with reasonable feedback regarding the status or outcome of the investigation. However, the Corporation may be limited in the information it can share, particularly where personnel matters, legal privileges, or ongoing regulatory or law enforcement actions are involved.
No director, officer, key person, employee, or volunteer may obstruct or interfere with the making of a whistleblower report, the conduct of an investigation, or lawful communications with government or regulatory agencies. Nothing in this Policy is intended to limit or discourage any person from reporting possible violations of law directly to any governmental authority, or from participating in any governmental investigation or proceeding, to the extent permitted or protected by applicable law.
The Corporation shall retain records of whistleblower reports and related investigations for a reasonable period, in accordance with its document retention policies and applicable legal requirements. Such records may include the initial report, notes of interviews, investigation reports, summaries of findings, and any documentation of corrective or disciplinary actions taken.
This Whistleblower Policy is intended to supplement, and not replace, any applicable provisions of law or the Corporation’s certificate of incorporation, bylaws, or other policies governing ethical conduct, conflicts of interest, financial controls, or reporting of concerns. It may be amended from time to time by the Board of Directors, in light of the evolving activities and relationships of the Corporation, its for-profit affiliates including The Capability Project, Inc., and the communities they serve.