- 7.8.1 Determine whether the investigation supports the allegations of Retaliation and, if so, the Ethics Office will refer the case to the Director of the Office of Legal Services (OLS) for a determination whether disciplinary proceedings should be initiated against the retaliator in accordance with the provisions of the UNDP Legal Framework for Addressing Non-Compliance with UN Standards of Conduct; and
- 7.8.2 Advise the complainant of the outcome of the investigation and whether a finding of Retaliation is supported.
- 7.9 (a) If the Ethics Office determines that Retaliation against an individual is established following its consideration of the Investigation Report, the Ethics Office may also recommend to the Administrator appropriate measures aimed at correcting any negative consequences threatened or suffered by the individual as a result of the retaliatory action. In the case of a staff member, such measures may include, but are not limited to, rescission of the retaliatory decision/action, reinstatement, and, if appropriate and after consultation with the staff member, transfer to another office or function for which the staff member is qualified. Subject to all relevant due process rights, including rights under Chapter X of the Staff Regulations and Rules of the United Nations, recommended measures may also include temporary or permanent transfer of the alleged retaliator. In the case of other personnel, appropriate measures will, as far as possible, aim at giving effect to the terms and conditions of the contract or the conditions of service of the individual.

(b) While the Ethics Office can recommend to the Administrator certain corrective actions as noted above, the procedures set out in the present Policy are without prejudice to the rights of an individual who has suffered Retaliation to seek redress through such other internal recourse mechanism as provided under the Staff Regulations and Rules or other administrative policies.

- 7.10 If the Ethics Office determines that there is no prima facie case of Retaliation or threat of Retaliation, but finds that the issue arose from other factors, (e.g., an interpersonal problem within a particular office or manager), it may advise the complainant of other options to resolve or remediate the situation including referral to the Office of the Ombudsman and other informal mechanisms for conflict resolution at UNDP.

### Section 8

### Safety and Well-Being of Complainant

8.1 If the Ethics Office becomes aware of an immediate risk to the safety and security of the complainant or their family related to the request for Protection against Retaliation, the Ethics Office shall either notify the UNDP Security Office/BMS or urge that the complainant do so directly. The UNDP Security Office will determine the most appropriate measures to be taken in order to secure the personal safety and well-being of the complainant and/or members of their family.

### Section 9

### Action against the person who engaged in Retaliation

- 9.1 Retaliation against an individual because they engaged in a Protected Activity itself constitutes misconduct which, if established, may lead to administrative action or disciplinary sanctions against the retaliator. As noted in Section 7.8(a) above, where Retaliation is established, the Ethics Office will refer the case to the Director of OLS for consideration as to what disciplinary proceedings, if any, should be initiated against the alleged retaliator. In such a case the procedure outlined in the UNDP Legal Framework for Addressing Non-Compliance with UN Standards of Conduct shall apply.
- 9.2 A staff member may be subject to disciplinary proceedings for Retaliation, notwithstanding the fact that the individual against whom the Retaliation was allegedly committed or threatened did not apply for protection