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Building an Effective Compliance Program

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2017 Annual Meeting of the Council of Sponsoring Institutions
Lee Tyner
General Counsel
University of Mississippi

Published in: Government & Nonprofit
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Building an Effective Compliance Program

  1. 1. ORAU 72nd Annual Meeting of Sponsoring Institutions March 6, 2017 Building an Effective Compliance Program Lee Tyner General Counsel University of Mississippi
  2. 2. Do We Need a Compliance Program? 1. The Legal Case. 2. The Values Case. 3. The Business Case.
  3. 3. The Basics – DOJ Sentencing Guidelines for Organizations 1. High level employee to exercise oversight with access to the Board 2. Written code of ethical conduct and policies/procedures 3. Compliance and ethics training and education 4. Clear reporting lines, anonymous reporting and protection from retalitaion.
  4. 4. The Basics – DOJ Sentencing Guidelines for Organizations 5. Standards enforced through disciplinary guidelines. 6. Internal compliance monitoring. 7. Response to detected offenses with corrective action. 8. Periodic risk assessments.
  5. 5. Other Authority To Consider 1. In re Caremark International Inc. Derivative Litigation – Fiduciary Duty to consider sentencing guidelines 2. COSO Internal Control Integrated Framework. 3. Sarbanes Oxley Section 406.
  6. 6. Compliance Program To Build Healthy Institutional Culuture 1. What’s in a name? “Compliance” or “Integrity”? 2. Led by management. 3. Values-based v. rules based. 4. Building healthy culture rather than policing.
  7. 7. Keys to a Healthy Institutional Culture 1. Tone at the Top. 2. Engagement. 3. Transparency. 4. Accountability.
  8. 8. Approaches and Models in Higher Education 1. Decentralized. 2. Compliance Committee. 3. Formal Compliance Program Integrated into Internal Audit. 4. Formal Compliance Program Integrated into General Counsel.
  9. 9. Approaches and Models in Higher Education 5. Compliance Program integrated into enterprise risk management program. 6. Stand-alone program reporting to senior adminstrator. 7. Stand-alone program reporting to CEO or Board.
  10. 10. How Do I Get Started? 1. Find a Champion. 2. Develop an Appropriate and Workable Organizational Structure. 3. Identify Key Compliance Risks. 4. Identify Gaps and Implement Remedial Plans 5. Update Complaicne Risks. 6. Communicate with the Board. 7. Assess.
  11. 11. Resources: 1. Building an Effective Compliance Program – an Introductory Guide. NACUA (November 2015). 2. Higher Education Compliance Alliance: centralized resource for compliance with fedral laws and regulations. http://www.higheredcompliance.org. 3. Higher Education Compliance Alliance’s Compliance matrix: http://www.higheredcompliance.org/matr ix

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