Formal procedures for complaints of misconduct

Staff members and affiliate personnel¹ have a duty to report misconduct. Complaints may also be made from persons outside the Organization. All reports and complaints are made to the Director, Internal Oversight Services (IOS) at the following email address investigation@who.int, through the WHO Integrity Hotline² or through established internal mechanisms in WHO³.

If an allegation of misconduct involves the Director of IOS, or any other staff member assigned to IOS, the allegation shall be reported to the Director-General.

Reports can be made confidentially, anonymously and are not subject to deadlines⁴. All allegations of sexual misconduct will be treated as a high priority.
 

Investigation

The Director-General granted the Office of Internal Oversight Services (IOS) functional independence. IOS is mandated to conduct confidential, fact-based, results-oriented investigations that enhance WHO’s transparency and accountability, while safeguarding the workforce, collaborators and communities where the Organization is present. IOS examines and determines the veracity of allegations about misconduct or other irregularities affecting WHO, its projects, assets or workforce.

Once a report is received, IOS assesses the matter and decides whether to initiate an investigation, in accordance with its mandate. If the allegations do not warrant an investigation, they may close the case with or without recommendations of managerial or administrative actions.

At the conclusion of each investigation, the Office prepares a report detailing the established facts and evidence and makes recommendations to the Director-General or the regional directors, depending on workforce or entities involved, in accordance with its Charter. Investigations of sexual misconduct are prioritized.

For more information on the investigation process, please consult:

• Office of investigations

Global Advisory Committee on Formal Complaints of Abusive Conduct (GAC)

The GAC is an impartial advisory body on formal complaints of abusive conduct. In accordance with paragraphs 8.14ff of the Policy on Preventing and Addressing Abusive Conduct (“PAAC”), the GAC’s function is to review investigation reports on allegations of abusive conduct, namely abuse of authority, discrimination and harassment, from WHO’s major offices. A new panel is assembled for the review of each investigation report composed of one chair, one member designated by the Director-General and one member elected by staff. It provides its recommendations to the Director-General/regional directors concerning an appropriate course of action, in accordance with the options set out in the PAAC. The GAC shall normally issue its recommendation no later than 60 calendar days from the date of the receipt of the investigation report.

The Director-General or regional directors, depending on the office of the staff member, shall decide on one or more of the courses of action within 30 calendar days of the receipt of the report of the GAC.
 

Disciplinary process for staff members

Further to the completion of an administrative fact-finding exercise in accordance with the rules and procedures of the Organization, as well as the review and the recommendation by the Global Advisory Committee on formal complaints of abusive conduct, if applicable, the responsibility for deciding whether to initiate disciplinary action against a staff member rests with the Director-General for staff at headquarters and regional directors concerned for staff in the regions. There is no general limitation period upon the commencement of disciplinary proceedings.

Following the initiation of the disciplinary process, the subject will be notified of the charges and be given an opportunity to reply to those charges, in accordance with Staff Rule 1130

The appropriate authority (Director-General, Assistant Director-General or Regional Director), as defined in the regulatory framework, will then take a decision on the allegations of misconduct. The decision concludes on allegations of misconduct and imposes one or a combination of disciplinary measures (Staff Rule 1110), administrative measures and/or managerial actions against the offender, if applicable.
 

Separation of members of the workforce prior to a final decision on misconduct

If the alleged offender separates from WHO before any final decision on the formal complaint is made, the case will be reviewed and, if the allegation of misconduct is confirmed, appropriate administrative measures can be taken.

For more information on the decision, please consult:

• Regulatory framework governing the conduct of the workforce
• Misconduct and disciplinary measures

Administrative leave

In accordance with Staff Rule 1120, Staff members may be placed on administrative leave with or, exceptionally, without pay at the investigation or disciplinary process stage pending a conclusion on the allegation of misconduct, when it is considered that the staff member’s continued performance of functions is likely to prejudice the interests of the Organization. Administrative leave under this Staff Rule, with or without pay, shall not be considered a disciplinary measure and does not prejudge the outcome of the investigation and/or disciplinary process.

Notwithstanding the leave status, the staff member will be allowed to maintain access to the services of the Ombudsman, Staff Association and the Staff Health and Wellbeing Services (SHW) or Regional Staff Physician.

For more information on the disciplinary and administrative leave processes, please consult:

• Staff Regulations Article X and Staff Rules 1100-1130 Disciplinary Measures

¹ All individuals who are engaged through contractual arrangements other than staff appointments under Staff Rule 420. This includes, but is not limited to, temporary advisers, consultants, special services agreement (SSA) holders, interns, individuals on loan to WHO, UN volunteers (UNV), junior professional officers (JPO), contractors under an Agreement for Performance of Work (APW), and third-party entities such as grantees, and technical partners.

² Ibid.

³ The Ethics Unit, the Survivor Care Officer at headquarters or focal points appointed to receive reports of sexual misconduct within the department of Prevention and Response to Sexual Misconduct in the field (collectively referred to hereinafter as PRS); supervisors, the head of a department or office concerned; or the Department of Human Resources and Talent Management (HRT).

⁴ The anonymity of complaints and/or the passage of time may, however, result in complaints of abusive conduct that may be more difficult to investigate and pursue through internal disciplinary proceedings. Delay may result in the loss of evidence or in the inability to question the alleged offender or witnesses. Therefore, affected individuals are encouraged to make a formal complaint as soon as possible. In all cases, it will be for the responsible entities at each stage of the process to determine whether there is a sufficient basis to move forward.