Introduction to Compliance:
In the 21st century, we find ourselves immersed in a growing and continuous technological advance. With the advent of Artificial Intelligence and cutting-edge technology, society is continually faced with highly complex and challenging ethical dilemmas, with persistent legal loopholes.
The transition from a 3.0 society to a 4.0 society, and soon to a 5.0 society, generates an excess of information, ignorance, and discomfort that has the opposite effect on citizens than what was initially intended. This fact also extends to the education system.
Today, we are astonished by an education system where effort, sacrifice, and solid knowledge are lacking, and where laziness is rewarded with empty messages sent to students, lacking standards and ethical codes to support them as citizens and role models in their daily lives. Furthermore, teachers are deprived of "legal weapons" to defend themselves against the lack of recognition of their authority.
This article addresses the Compliance as a common thread and example of equitable and effective management practices and the great positive impact it has on both students and the educational system at all levels of education.
What is Compliance?
The World Compliance Association, defines the Corporate Compliance as the "set of procedures and good practices adopted by organizations to identify and classify the operational and legal risks they face and establish internal mechanisms for prevention, management, control and reaction to them"[1]
For the educational system, the Compliance is just as important as the Compliance In companies. In an educational institution, situations that may be subject to criminal and civil liability also occur on a daily basis, and having a compliance system in place provides the institution with sufficient preventive tools to mitigate potential risks by acting proactively and thus preventing their materialization.
In our legal system, there are several rules[2] that echo the importance of Compliance within organizations; exempting legal entities from criminal liability in the event that a crime is committed in their name. Regarding educational centers, it is important to emphasize that they fulfill the role of guarantors of the legality of their actions, as well as that of their staff.
It is also important to remember that minors (for the most part) are the main players in the educational community and are therefore especially protected by the legal system. Therefore, having compliance as an ally to detect, prevent, and/or combat the potential risks to which they may be exposed is key.
What are the benefits of implementing the Compliance in Educational Institutions?
The implementation of a system of Compliance In the various educational systems it offers numerous advantages that are essential for the development of a safe and ethical academic environment.
First of all, a system of Compliance Ensures compliance with all applicable laws and regulations, promoting an environment of legality and transparency. This not only protects educational institutions from potential legal sanctions, but also strengthens the trust of the educational community and parents in the school's management.
Secondly, the Compliance Helps prevent misconduct and corrupt practices within the institution itself. By establishing and promoting clear codes of conduct and effective reporting mechanisms (such as the whistleblower channel), a culture of integrity and responsibility is fostered among students, teaching staff, and among the various suppliers and third parties that interact with the institution. This, in turn, contributes to creating an environment of respect and fairness, where the risks of harassment (bullying and cyberbullying) are minimized, and various multidisciplinary protocols/policies are established for responding to different situations.[3] and helps prevent inappropriate behavior towards the center.
Finally, the adoption of a system of Compliance can enhance the reputation of the educational institution as a competitive advantage. Schools and universities that demonstrate a strong commitment to ethics and legality are perceived as more trustworthy and attractive to students, parents, and employers. partnersThis translates into increased enrollment demand and opportunities for collaboration with other institutions and companies, both public and private.
Conclusion:
The implementation of both the Compliance like the figure of the Compliance Officer At different educational levels, it aims to improve the competitive, evaluative and added value situation of the center that implements it.
It is crucial that the public administration take a step forward in supporting compliance and serve as an example to guarantee excellence in educational quality, rather than relying on economic arguments to achieve it.
In the words of Professor Escohotado, “A country is not rich because it has diamonds, a country is rich because it has education.” And if the culture of Compliance From the student's perspective, from the earliest stages of their academic careers, new generations will be educated to become competent citizens who can understand and collaborate in conflict resolution from an ethical and fair perspective, thus contributing to a better future and, consequently, a better world.
[1] https://www.worldcomplianceassociation.com/que-es-compliance.php (Last visited June 26, 2024)
[2] Organic Law 5/2010, of June 22, amending Organic Law 10/1995, of November 23, of the Penal Code, as well as Article 31 bis of the Penal Code and Circular 1/2016 of the Attorney General's Office.
[3] For example: Protocol for the prevention of substance abuse among students, Mental health and well-being protocol for students and staff, protocol to guarantee the protection of personal data of minors or policies for the selection of suppliers (for the cafeteria, for school transport or for video surveillance)
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