💔Misconduct

🚨 Policy on Illegal Activity or Financial Misconduct

Effective Date: June 2025 Owner: All For Climate ASBL Implementer: All For Climate Back Office supports person or team Reviewed: Annually or as needed Legal Reference: Clause 4 and Clause 6.1 of the Cooperation Agreement

🎯 Purpose

This policy defines how All For Climate (A4C) responds when a collective is credibly accused or confirmed to have engaged in illegal activity, including financial fraud, embezzlement, or criminal misconduct. It outlines steps for investigation, fund freezing, potential unhosting, and the final destination of remaining funds.

⚖️ What Constitutes Misconduct

Misconduct may include (but is not limited to):

  • Fraudulent reimbursement or falsified expenses

  • Theft or misappropriation of funds

  • Use of funds for unlawful activities

  • Money laundering or tax evasion

  • Criminal offenses carried out in the name of or funded by the collective

Such actions violate the Cooperation Agreement and may trigger both internal action and external legal consequences.

🧊 Step-by-Step response procedure

1. Immediate freeze

  • A4C will freeze the collective’s account on Open Collective immediately upon:

    • Receiving credible evidence of illegal activity.

    • Notifying the collective and beginning an internal investigation.

2. Internal review & external reporting

  • A4C will:

    • Review documentation, expense history, and internal records.

    • Engage legal counsel if required.

    • Inform relevant authorities if there is a legal obligation to do so (e.g. for financial crimes).

3. Right to respond

  • The collective's admins will be given a written notice and an opportunity to respond within 7–14 days, unless a legal process prohibits such contact (e.g. under investigation).

4. Final decision

  • Based on outcomings procedure, A4C may:

    • Unhost the collective permanently, with written explanation.

    • Retain cooperation with legal authorities, if applicable.

💶 What Happens to the Remaining Funds?

If a collective is unhosted due to confirmed illegal activity or serious misconduct and if a valid legal claim exists; funds may be held or returned to a relevant authority, funder, or injured party, depending on legal obligations or court rulings.

📌 Notes

  • If a funder is involved (e.g. a grant), A4C will notify them and follow the required return or reporting procedures.

  • All unhosting decisions will be documented internally for accountability and legal traceability.

📨 Contact

To report suspected illegal activity or serious financial misconduct:

Email: [email protected] Subject: Urgent – Misconduct Concern – [Collective Name]

All reports are treated confidentially and reviewed with care.

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