Article XI protects the person who says the uncomfortable thing. An organization that cannot hear bad news about itself will never correct itself. Speaking up here is not merely permitted; it is expected of you. Anyone who deals with the Nonprofit may raise a concern, not only those who work here. If the worry involves the very people you would normally tell, a separate channel routes around them. You are protected for reporting honestly, not for turning out to be right. Retaliation is out of bounds, and so is quietly losing a record. Each year the Nonprofit publishes what it heard and what it did. Courage should not require luck.
Section 11.1 Reporting Violations
Every Official Representative shall promptly report, in good faith, any actual or reasonably suspected violation of law, these Bylaws, organizational policy, or ethical standards. Anyone interacting with ReDrafting America in an official or organizational capacity may also report such concerns. Reportable concerns include fraud, misconduct, conflicts of interest, misuse of authority or assets, and conduct materially harming the Nonprofit or its charitable mission.
Reports may use any channel authorized by the Board of Directors, including the Director of Ethics and Oversight, President, Board of Directors, or an authorized committee. A report involving the President, Director of Ethics and Oversight, or a Board majority shall bypass interested persons. It shall follow the Chain of Authority. A report concerning the Member or an Acting Member shall be delivered to the Independent Review Panel. The reporter need not know the Member’s identity.
Section 11.2 Whistleblower Confidentiality
Whistleblower reports may be submitted confidentially or anonymously through channels authorized by the Board of Directors. The Nonprofit shall protect reporters, witnesses, their identities, and investigative records to the greatest extent reasonably possible.
Confidentiality remains subject to applicable law, due process, fair-investigation requirements, and legitimate operational needs. Disclosure is permitted when required for a fair investigation, legal rights, or protection of the Nonprofit’s charitable mission.
Section 11.3 No Retaliation
No person may retaliate against someone who reports a concern in good faith, participates in an investigation, provides truthful information, or assists its resolution. Good faith exists when the reporter reasonably believes the information is true when reported, regardless of the investigation’s outcome.
Prohibited retaliation includes dismissal, demotion, intimidation, threats, harassment, discrimination, denied opportunities, adverse conditions, or other materially adverse action caused by protected activity. Knowingly false, malicious, or intentionally misleading reports are not protected. Retaliation may result in discipline or removal under these Bylaws.
Section 11.4 Investigation and Resolution
Each report shall receive a prompt initial review to determine whether further investigation is warranted. An authorized reviewer shall conduct any required investigation impartially, thoroughly, and in good faith, while documenting the work and protecting confidentiality.
No person may knowingly destroy, alter, conceal, or falsify information to obstruct an investigation. Afterward, the authorized decision-maker shall determine the appropriate response. Responses may include corrective action, policy revision, discipline, referral to authorities, additional monitoring, or no further action.
Section 11.5 Whistleblower Transparency
The Nonprofit shall include an Annual Whistleblower Report in its Annual Governance Report. It should summarize report counts, general categories, completed matters’ status or disposition, and significant corrective actions or governance improvements.
The report shall protect whistleblowers, witnesses, investigation subjects, and confidential, privileged, legally protected, or ongoing investigative information. Legal, regulatory, and protective limits control. The Secretary shall coordinate this report with the Nonprofit’s other required annual governance reports.
End of Article XI. Return to the TOC