DCU Due Diligence Information Sheet
‘A robust system of governance is vital in order to enable organisations to operate effectively and to discharge their responsibilities as regards transparency and accountability to those they serve. Given their pivotal role in society and in national economic and social development, together with their reliance on public as well as private funding, good governance is particularly important in the case of universities.’
- [Code of Conduct for Irish Universities]
Contents:
- Introduction
- Due Diligence and International Partners
- Responsibility for Due Diligence - Proposer and Approvers
- Scales of Due Diligence
- Due Diligence and Reciprocity
- Due Diligence Checklist
DCU seeks to ensure that all partners are of excellent standing and reputation and will only consider partners who meet basic business, legal and ethical criteria; have a working and learning environment which meets fundamental standards, and have a standing consistent with an ability to partner.
Due diligence is the process by which we gather information, at the appropriate level, about any organisation the University is proposing to collaborate with. Through its Due diligence, DCU can be satisfied that
- risks of this proposed partnership have been identified and can be managed.
- The proposed partner is of good standing and aligns with DCU’s core values and
- The proposed partner has the capacity to fulfil its role in a partnership.
Due diligence provides insights into the financial, legal, and reputational status of a prospective partner which enables the University to make an informed decision, based on alignment with strategic priorities and an acceptable level of risk management. To ensure that appropriate due diligence is applied, the following is advised:
- Good practice recommends a documented process to mitigate against potential risks and protect the University’s reputation.
- Depending on the scale of the prospective partnership and/or the risks to be considered, staff should seek input from the relevant Executive Dean or member of SMG.
- Contact the Engagement Governance Unit, OEDE for advice.
- In no instance, should activities be commenced or committed to in an MOU or other partner agreement, without the prospective partner being assessed at least at the minimum level of Due Diligence required for those activities.
Refer to the Due Diligence Checklist (section 6) for guidance on the principal risk categories to be considered in any due diligence assessment.
Universities engage in international collaboration to extend their global reach and reputation through joint research, education programmes, knowledge transfer, student and staff mobilities and other forms of partnership.
While this offers extensive benefits it can also bring challenges and universities have a duty of care to carry out informed assessments of any potential associated risks (due diligence). In all instances, DCU’s Principles of International Partnership apply.
3. RESPONSIBILITY FOR DUE DILIGENCE
- DCU proposer is the DCU individual/School/Faculty* seeking to establish a partnership or collaboration. The DCU proposer is responsible for ascertaining, documenting and verifying the accuracy and completeness of the Due Diligence process for the required level of partnership anticipated.
- In certain instances, and depending on the scale of due diligence required (see section below) consultation with other areas such as the Global Partnerships Office, Engagement Governance, Chief Operations, HR, Finance, VP Academic Affairs or VP Research etc. may be required.
- At the outset of any Due Diligence exercise, consult the Engagement Governance Unit to establish if there is an existing (or prior) collaboration.
*DCU agents based abroad and representing DCU in a specific country are excluded from the definition of DCU proposer. Where an agent wishes to introduce a prospective partner to DCU, responsibility for the Due Diligence scrutiny, will be with the Head of Global Recruitment or Executive Director of Engagement..
DUE DILIGENCE APPROVERS
Figure 1 summarises the levels of due diligence responsibility and approvals within DCU:
The scale of due diligence required will directly correlate with the level of risk associated with the proposed collaboration and can be suitably adapted to ensure that the assessment is appropriate to the specific partnership proposed. Deeper, or broader, levels of engagement with any institution may carry a higher risk potential and, therefore, necessitate a greater level of due diligence scrutiny.
Depending on the nature of the proposed collaboration and/or status of the prospective partner, a formal visit and deeper scrutiny of financial status etc. may be required in advance of any collaborative activity. In such cases, the decision will be made by the appropriate Senior Management Group member - Deputy President, Executive Director of Engagement, VP Academic Affairs, or VP Research - in consultation with relevant colleagues and offices.
SCALE LEVELS 0 TO 4:
LEVEL 0 No Formal Due Diligence required (No Scrutiny / Individual Confidence)
Basis for Collaboration: Individual to individual
Collaborations requiring no formal due diligence may include:
- Joint publication with an academic in an existing DCU partner institution
- The prospective partnering institution is a reputable European university
The DCU Proposer must be satisfied that there is no reputational risk to DCU and should notify their appropriate Approver of the collaboration as a courtesy.
LEVEL 1 Minimal Due Diligence required (Minimum Scrutiny / Documented Confidence)
Basis for collaboration: individual to individual
Collaborations requiring minimal due diligence include: joint PhD supervision with a new partner institution
- DCU Proposer should provide their Approver with a document outlining the basis for the proposed collaboration and testimonies of existing collaborations, or referrals, from other respected sources on the standing of the prospective partner.
- The Approver will respond to approve or provide an explanation for not endorsing the request.
LEVEL 2 Moderate due diligence (good independent confidence)
Basis for collaboration: School/Unit to School/Unit
- DCU proposer contacts their Head of School/Unit requesting the partner be recognised at Level Two (school/unit partner).
- Head of School/Unit endorses the request if satisfied that sufficient documented evidence to support the request exists, and submits to the Executive Dean, or nominee, for approval. (Guidelines on due diligence documented evidence are under development currently.)
- Where required, additional input(s) from the Executive Director of Engagement, Dean of Graduate Studies, OVPAA or OVPR may be requested.
- Executive Dean responds to approve or provide an explanation for not endorsing the request.
LEVEL 3 High/ Broad due diligence (robust scrutiny / excellent independent confidence)
Basis for collaboration: Faculty to Faculty
- DCU proposer makes the case via the Executive Dean for the prospective partner to be recognised at Level Three (faculty to faculty).
- The Executive Dean can endorse the request if satisfied that sufficient documented evidence to support the request exists, before forwarding for review and approval by the Deputy President or the Executive Director of Engagement, or their nominees.
- In certain circumstances they may choose to request additional input(s) from the Executive Director of Engagement, Dean of Graduate Studies, OVPAA or OVPR.
- Approval will be notified to the DCU proposer in writing or declined with an explanation for not endorsing the request.
LEVEL 4 Extensive due diligence - (Deep scrutiny / Exceptional independent confidence)
Basis for collaboration: Multi Faculty to multi faculty or University to University
- DCU proposer, at a level of SMG, makes the case for the approval of a multi faculty to multi faculty, or university to university, partnership and requests support from the Engagement Governance Unit, OEDE, to ensure the appropriate due diligence scrutiny is applied.
- The Due Diligence report issued by EGU must be approved by the Executive Director of Engagement or the Deputy President or nominee.
- Where applicable and a visit to the prospective partner by a minimum of two staff members is authorised, a written report with their observations of facilities, staff and the standing of the prospective partner must be submitted as part of the due diligence review.
- EGU shares Due Diligence report with the DCU proposer. Where necessary, formal endorsement by the Executive prior to the President’s approval may be required and the University’s Governing Authority informed.
Without compromising on the need to verify facts in appropriate detail, it is important that Due Diligence be undertaken in a spirit of collegiality and to realise that this exercise may at times require the cooperation of the prospective partner.
Due Diligence is about reciprocity and outlining the nature of the information needed, offering relevant information about DCU, acknowledging that the partner will have similar requirements, may help set a tone of collegiality from the outset.
Note that DCU’s Due Diligence profile is currently under development. For guidance/assistance, in the interim, contact the Engagement Governance Unit.
6 Due Diligence Checklist
The Due Diligence checklist is structured around the principal risk categories to be considered in any assessment, i.e. Strategic; Financial; Legal; Reputational. The DCU Proposer should refer to this checklist in preparing the support documentation in respect of a proposed new partnership. For advice or guidance contact the Engagement Governance Unit, OEDE.
Note: Considerations in respect of a prospective partner may include, but are not limited to, the following.
General |
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Strategic Alignment |
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Financial |
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Legal
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Reputational |
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Additional factors that may need to be considered: |
Cultural factors |
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Geopolitical Challenges |
While responsible international collaboration and exchanges are essential for delivering high quality research, education and innovation in universities, there is an increasing awareness of the threat posed by significant geopolitical challenges, such as human rights violations, war, energy and climate crisis etc. It is critically important to be aware of ethical issues or any conditions associated with the prospective partner that could negatively impact the name and reputation of the University. |
NB. In no instance, should activities be commenced or committed to in an MOU or other partner agreement, without the prospective partner being assessed at least at the minimum level of due diligence required.