ANTI-CORRUPTION POLICY,1.0PURPOSE,WESLEYAN EDUCATION SERVICES SDN BHD (200101005044), operating as Methodist College ,Kuala Lumpurin Wilayah Persekutuan KL and as MCKL College (Penang, Pykett Campus)in Pulau ,Pinang(MCKL),is committed to a culture of integrity,principled behaviourand excellenceas,encapsulated in its Vision &.
Mission and Core Values.MCKLhas zero tolerancetowardsany form ,ofcorruptionandpromotes insteadhighstandards of honesty,ethics,and God-fearing values.
,This Policy sets outMCKL’scommitment to the conductof its business withintegrityandin ,accordancewithallapplicable laws and regulations.It alsounderlines theresponsibilityand ,accountabilityof the MCKL communityin preventinganddetectingcorruptpractices andacts,as ,well asthe proper responseto any such (potential) practices andacts.,2.0SCOPE,ThisPolicy applies toand is mandatory forallEmployeesand AssociatedPersonsof MCKL.The ,capitalised terms “Employee” and “Associated Person” are defined in Paragraph3 below.,By way of amplification and without limiting the scopeof the definitions set out below, persons ,subject to this Policy includeMCKL’s directors, governors, employees, interns, businesspartners,,professional advisors, suppliers, contractors, and other persons who may perform services for,MCKLor isassociated with MCKL’s business.,3.0DEFINITION,Thefollowingterms when used in this document shall have therespective assigned meaning:-,3.1“Associated Person”hasthe broad meaning set outunderthe MACC Actand refers to any ,person who is associated with MCKL such as directors, governors,employeesand interns, ,and anyperson who performs servicesfor or on behalf of MCKL includingbusiness partners, ,consultants, contractors, suppliers,professional advisors, agentsand other service providers,of MCKL.,3.2“bribery” (“bribe”)refers toaninducement, considerationor gratification of any kindwhich ,is solicited, offered, given, and/or acceptedwith the intent toobtain or retain an advantage ,or gain,such as securinga businessopportunity.The term “gratification” is defined under ,s3 of the MACC Actand the said definition shall be adopted in this Policyand may be used ,interchangeably with “bribery” where the context so admits.,3.3“corruption”(“corrupt”)refers to dishonest or fraudulent conductor actsand/or the abuse ,of position or entrusted power for private advantage or gain.
Corrupt acts or practices ,includethe soliciting,offering,givingor acceptingof bribes/gratification, diversion of funds, ,Page 2of 5,falsification of claims, under-table transactions, kickbacks, inflation of commissions, breach ,of trust, collusion,and other fraudulent or dishonest practicesin the performance of MCKL’s ,businessand/or its related activities.,3.4“Employee”for the purposes of this Policy shall include:,(i)Any personconcerned in the management of the affairs of MCKLincluding its ,directors, governors, controllers,senior management,and officers;,(ii)All employees of MCKL including its permanent, part-time, fixed term, contractand ,casual employeesat all campuses,andirrespectivewhethermanagement or general,staff,or whether fromthe Administrationor AcademicDivisions of the Institution.
and,(iii)Other representatives acting for MCKL in its business or activitiesincluding interns, ,volunteersandstudentambassadors orhelpers.,3.5“Gifts”refer to cash, services,hospitality, sponsored trips, discounts, items of valueand/or ,other advantages in any form whatsoever that is offered, given, solicited, or accepted.,3.6“MACC Act”refers to the Malaysian Anti-Corruption Commission Act 2009 (Act 694) as ,amended by the Malaysian Anti-Corruption Commission (Amendment) Act 2018(Act ,A1567), or as may be further amended from time to time.,3.7“MCKL”refers collectively to all campusesof MCKLoperating under the legal entity-,Wesleyan Education Services Sdn Bhd(2001 01 005044).
,4.0POLICY STATEMENT,4.1Absolute Prohibition,4.1.1MCKL absolutely prohibitsany form of corruption, dishonesty, briberyor fraudulent acts ,or activitiesin the conduct of its business.
Employees andotherAssociated Personsof ,MCKL shall notparticipateinor be engaged in any fraudulent activitiesor acts of ,dishonesty, corruption or bribery(whether as the partyofferingor giving,oras the party ,solicitingor acceptingany gratification), when conducting business for and on behalf of ,MCKL.,4.1.2All business activities and dealingsof MCKLshall be conductedwithutmostintegrityand,transparencyand shall followthe established policies and proceduresof MCKLand ,relevant laws,includingthe MACC Actand related legislations.In cases where there is any,discrepancybetween specific laws and the principles contained in this Policy, the stricter ,provisionshall prevail.,4.1.3If an Employee or Associated Personis uncertain whether any act or actionwillamount to ,a corruptact,it is his/her responsibility toseek adviceor clarificationfrom the Institution ,through the available channelsprior to proceeding.,4.1.4AllEmployees and other Associated Personsare actively encouraged to report actual and ,suspected incidents of corruptionthrough the channelsoutlined in this Policy.,4.2Consequences,Page 3of 5,4.2.1Fraud, briberyand corruption areserious offencesunder the laws ofMalaysia,including ,but not limited to the MACC Act, Penal Code, and the Anti-Money Launderingand Anti-,Terrorism Financing Act 2001.
,4.2.2The law requires that acts of corruption be reportedand failure to report a known act of ,corruption is an offence.EmployeesandotherAssociated Personsin violation of this Policy ,may therefore be subjected to criminaland civil liability.
,4.2.3At Institutional level,stern disciplinary action including dismissalwill be taken against any ,Employee who is found to have been involved in any act of corruptionor dishonesty.,4.3Gifts&.
Hospitality,4.3.1The area of giftspotentially exposesa party to theriskofbriberyand other corrupt ,practices.
As such, MCKL has optedto practice a “No G iftPolicy”to avoid anyconflict of ,interest or the appearance of a conflict of interest.,4.3.2Employees andotherAssociated Persons shall not directly or indirectly solicit for Gifts from ,any party, whether for themselves or on behalf of MCKL.,4.3.3Associated Persons shall not offer or give any G ifts whatsoever to MCKL Employees.,4.3.4Employeesshall not acceptany G iftsfrom any partyhaving dealings with MCKLin the ,course of their duties.Employees are expected to politely decline Giftsand highlight ,MCKL’s ‘No Gift Policy’to such parties.,4.3.5The term “Gift” shall be given thebroadest meaning and shall include cash, services, ,hospitality, sponsored travels orholidays, discounts, gifts for family,and any item in any ,form whatsoeveror of some value to the recipient,or which may give an appearance of ,potential influencein decision-makingor result in preferential treatment.,4.3.6 C orporatemerchandiseswhich are distributed generally(e.g., diaries, table calendars, ,pens),or G ifts which are normal bona fide customarypractices or hospitalitybetween ,businesses (e.g.,a box of mandarin oranges, congratulatory flowers),forms an exception,to the ‘No Gift Policy’andmay be acceptedbut subjectalwaysto the guidelines outlined ,below: -,•Ofnominalvalue–The Giftmust be of a type and value that is modest, appropriate,,andcommensurate with the occasion and/or general business practice.
As a broad,generalguide, any G iftwhich isacceptedin such circumstances should notexceed ,RM300in value;,•No obligation or expectation–It will not create any obligation or expectation on ,the receiveror MCKLof a favour or advantage in return, or cause others to perceive ,any improper influence;,•Right reason–The Giftis given as a common courtesy associated with a festive or ,ceremonial occasion, or it is a bona fide act of appreciation or cultural business ,etiquette or courtesy which is extended generally across businesses;,•Not in concealment–The Giftis receivedopenly and dulyrecorded in MCKL’sGift ,Register;and,•Legalityand Regulations–There must be no question that itis compliantwith ,Page 4of 5,relevant lawsand MCKL’srulesand practices.,Employees should seek clarification prior to accepting any Gift if there is any uncertainty.,External Associated Personsare encouraged to exercise prudentand sensiblediscernment,in relation to Gifts.
,4.3.7To promotetransparencyamong Employees, a Gift Register will be maintained atthe ,Human ResourcesDepartment.Employees must declare and have recorded into the Gift ,Register, within three (3) working days, any Gifts received in the course of their duties.
This ,can be made in-person at the Human Resources Department or by completion of a Gift ,Register Form to be emailed with subject title “Gift Register” to:hr@mckl.edu.my.
,4.3.8Until otherwise communicated, all Gifts -irrespective of the value and circumstances of ,thegifting(includingGifts with a value of RM300 or less)–are required to be declared and ,registered into the Gift Register.,4.3.9Management shallat all timeshave the discretion to redistribute anyGiftsreceivedto ,charities,other external organisations,or among employees of MCKL.,4.3.10Any Giftintended to be given to an external party on behalf of MCKLmust be with prior ,documented approvalfrom anappropriate superior.
The superior shall consult with the ,Risk Management Committee if necessary.
The purpose, valueand approval for anysuch,Gifts must berecorded in the Gift Registerprior to proceeding.
,4.4Other Associated Persons&Third Parties,4.4.1All dealings with any externalpartyshall uphold MCKL’s values and standards of integrity ,and must be performed in compliance withthe law and MCKL’s policies and procedures.,4.4.2Associated Personsincludingbusiness partners, suppliers, consultants, contractors,and ,other service providersof MCKLshallnot engage in any dishonest or corrupt practices,when providing services to or on behalf ofMCKL.
Such partiesare expected to comply with ,all applicable anti-corruption laws, this Policy and relevant MCKL procedures.,4.4.3Business partners, suppliers, consultants, contractors, and other service providersof MCKL ,are independent contractors with no authority to bind MCKL to any purpose, or to hold ,themselves out as agents or representatives of MCKLother than as specifically contracted.,4.4.4Employees shall conductproper due diligence prior to onboarding new business partners,andservice providersand shall ensure that theyare made aware ofthis Policy.
Regular ,reviews shall be done,and where breach,suspected breach or questionable integrity ,should arise, appropriate and immediate action must be takenwhich may include,termination ofserviceswith immediate effect.,4.5Government Agencies &.
Public Officials,4.5.1Employees must comply with all applicable lawsandconduct themselves with integrity ,whenever they deal with or otherwise engage with government agenciesor departments,,regulatory bodies, statutory bodies,and any of its officials.,4.5.2Employees are strictly prohibited from giving Giftsto government agencies and public,Page 5of 5,officialsto expedite dealings orin exchange for future benefits or results.
Employeesshall ,instead strive to build fair, professionaland transparent relationships with government ,agenciesand public officials.,4.6Channel for Concern, Clarificationor Complaint&.
Whistleblowing,4.6.1Shouldyoususpect or reasonably believe that this Policy has been or is being contravened, ,you have an obligation to immediately report your concerns.
Failure to reportany known ,act of bribery is an offence under the MACC Act.,4.6.2Anyconcernsor complaintswhich are raisedor reported will be taken seriouslyand,treated withconfidentiality.
No person acting in good faith inmakinga legitimate report ,will suffer adverse consequences.
The complainant’s identitywill be protected,and ,assistance will be provided in the event that a statementis required by lawtosupport any ,investigation.
MCKL will not tolerate any retaliation directed against anyone making ,reports of (suspected) bribery or corruption.
Appropriate action will be taken by the ,Institutionwith care and sensitivity.,4.6.3All concerns, clarification or complaints can be made or reported confidentially tothe email ,below or to a member of the Risk Management Committee: -,Risk Management Committee:risk.management@mckl.edu.my,Effective Date:15.03.2022,Updated:September 2022(v1.1)