Bill 382.

Summary.

The bill establishes principles of ethics, equality and nondiscrimination, academic integrity, merit, participation, accountability, social responsibility and transparency for official universities in the Republic of Panama. It covers faculties, schools, regional centers, research centers and other university units. It defines university autonomy, good governance, conflicts of interest, nepotism, plagiarism and transparency. Academic, administrative and financial autonomy would be exercised in accordance with the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá) and the proposed law, subject to legal obligations and accountability.

The Office of the Comptroller General of the Republic (Contraloría General de la República) would oversee public funds allocated to official universities through audits of budgets, revenue, expenditure and projects financed with public or private resources. Each university would publish its budgets and financial execution, procurement and purchasing processes, governing body minutes, and audit and control reports on a transparency portal. Each would also adopt a binding code of ethics for authorities, faculty, administrative staff and students, expressly prohibiting nepotism, conflicts of interest, misuse of resources, plagiarism and academic corruption.

The bill identifies corruption, misappropriation, illicit enrichment, favoritism, influence peddling, harassment, discrimination, lack of transparency, breaches of academic integrity and abuse of authority as ethical and governance problems. It prohibits the specified conduct and requires university community members to refrain from decisions where personal, family or economic interests could compromise impartiality. University resources could not be used for personal purposes or purposes unrelated to institutional objectives. Holders of elected office, political party directors and persons with economic interests in university contracts could not simultaneously hold senior university management positions.

Universities would establish accessible reporting mechanisms. Reported conduct would be investigated and, if established, lead to the applicable sanctions under the University Code of Ethics (Código de Ética Universitario) and current legislation, without precluding reports to the competent administrative or criminal authorities. Complainants would receive protection against retaliation and confidentiality, except by court order or express consent. Reports would be registered and referred to the Compliance Department (Departamento de Cumplimiento), which would conduct a preliminary assessment within five (5) working days. If a report were deemed viable, the formal investigation would include evidence gathering, interviews, document review and a report. Its duration could not exceed sixty (60) working days unless the complexity of the case justified a duly reasoned extension.

Depending on the seriousness of the violation, the bill provides for a verbal or written warning, temporary suspension, permanent removal, nullity of tainted contracts or administrative acts, a ban on future contracting, and legal action. It requires proportionality and respect for the right to a defense, and creates an online public register of sanctions. In each university, it creates a Compliance Department with functional autonomy and resources to receive reports, investigate, recommend sanctions, oversee policies, provide training and submit periodic reports to the rector's office and university council. It also creates a university ethics and transparency council, comprising faculty, student and administrative representatives and an external civil society representative, to oversee good governance policies and receive the department's reports. Universities would provide continuing training to their communities and have six months from promulgation to adapt statutes, regulations and internal procedures. The proposed law would take effect upon promulgation.

The bill's provisions concern the Office of the Comptroller General of the Republic, the Compliance Department, university authorities and the university ethics and transparency council. They may interest the higher education, research and university procurement sectors, as well as civil society.