PRESIDENT’S DIRECTIVE NO. 14

PROCEDURE FOR ADDRESSING ALLEGATIONS OF RETALIATION
FOR DISCLOSING IMPROPER GOVERNMENTAL ACTIVITIES OR A SIGNIFICANT THREAT TO HEALTH OR SAFETY

I. Directive

CSU Executive Order 822 requires that campus presidents develop procedures for campus managers and supervisors to accept and forward to the Chancellor’s Office any complaints by campus employees or applicants for employment of retaliation for making a protected disclosure of improper governmental activities. This Directive fulfills this requirement.

II. Authority

CSU Executive Order 822.

III. Scope

This Directive applies to all University employees and individuals who have applied for employment at the University.

IV. Definitions

1. “Retaliation” refers to the direct or indirect use or attempted use by an employee of his or her official authority or influence for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any employee or applicant for employment for the purpose of interfering with that person’s rights under the California Whistleblower Protection Act, including but not limited to any “protected disclosure” as that term is defined in the Act and in Executive Order 822.
   
   
2. “Employee” refers to a person employed by the University.
   
   
3. “Applicant for employment” refers to an individual who has completed and submitted an application for a specific, available position at the University.
   
   
4. “Use of his or her official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including, but not limited to, appointment, transfer, assignment, performance evaluation, suspension, or other disciplinary action.

V. Implementation

1. An employee or applicant for employment who believes he or she has been retaliated against after making a protected disclosure may file a written complaint within twelve months of the alleged act of retaliation.
   
   
2. The complaint may be filed with either the Director of University Risk Management, Langsdorf Hall 802, or the Vice Chancellor of Human Resources, 401 Golden Shore, Long Beach, California 90802-4210. Filed complaints will be shared only with those individuals who have a legitimate business reason to know.
   
   
3. Supervisors or managers who receive a written complaint of retaliation should forward it as soon as possible to the Director of University Risk Management.
   
   
4. The Director of University Risk Management will refer to the Vice Chancellor of Human Resources all written complaints received at the University and provide the University President with a copy.
   
   
5. If the written complaint does not include all of the following information, it may be rejected as inadequate:
   
   
   1. The name and mailing address of the complainant, the complainant’s working title, or position applied for if the complainant was an applicant for employment.
      
      
   2. A detailed description of the specific actions that constituted the alleged improper governmental activity or significant threat to health or safety, including name(s) and title(s) of the University employee(s) or official(s) involved.
      
      
   3. The name of the entity where the improper governmental activity was reported and the date of the disclosure. A copy of the report should be attached to the complaint.
      
      
   4. A description of the specific actions taken that constituted the alleged retaliation, including the date or dates of such actions, and the names and titles of the University officials who allegedly took the retaliatory actions, and an explanation of the reasons why those actions were in retaliation for making a protected disclosure.
      
      
   5. A signed and dated statement under penalty of perjury that the contents of the complaint are true or are believed to be true.
      
      
6. The Vice Chancellor of Human Resources or his/her designee will send a written acknowledgement within ten 10 days of receiving the complaint.
   
   
7. Executive Order 822 contains a sample complaint form and sets forth in detail how the Vice Chancellor of Human Resources will respond to a complaint of retaliation.

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