- How will the CSU or the University
address allegations of retaliation against whistleblowers?
- What acts may be considered “retaliation”
against a whistleblower?
- Who can make a whistleblower retaliation complaint?
- Where can I file a complaint?
- How do I choose where to make a complaint?
- Will my complaint be held in confidence?
- Does my complaint have to be in writing?
- What are the required elements of a complaint?
- Is there a deadline for making a complaint?
- What happens after I make a complaint?
- How can I help the investigation?
- How long will the investigation take?
- Who determines if my complaint is valid?
- Will I be informed of the outcome?
- Where can I go with questions?
The CSU’s procedure for addressing allegations of retaliation
for making a protected disclosure under California’s Whistleblower
Protection Act is set forth in Executive Order 822. Certain reporting
requirements mandated by Executive Order 822 are set forth in President’s
Directive No. 14.
TOP
“Retaliation” refers to the direct or indirect use or
attempted use by an employee of his/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 and CSU Executive Order 929. If linked to making a protected
disclosure, examples of retaliation may include:
- Denial of adequate time or staff to perform duties
- Frequent changes in staff
- Frequent and undesirable changes in work location
- Refusal to assign meaningful work
- Unwarranted or unsubstantiated letters of reprimand or performance
evaluations
- Demotion
- Transfer
- Reductions in pay or other benefits
- Denial of employment or promotion
- Suspension
- Termination
“Use of his/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 limit to appointment, promotion, transfer, assignment,
performance evaluation, suspension, or other disciplinary action.
TOP
CSU employees or applicants for employment who have made a protected
disclosure under EO 929 or directly to with the State Auditor and
who believe they have been retaliated against for making that disclosure
may file a complaint for whistleblower retaliation under EO 822.
TOP
You may file a complaint with the CSU’s Vice Chancellor of
Human Resources, Jackie McClain, or the University’s Director
of University Risk Management, John Beisner. If you submit a complaint
to your manager or supervisor, they are required under President’s
Directive No. 14 to promptly forward that complaint to the Director
of University Risk Management, who will in turn forward the complaint
directly to the Vice Chancellor of Human Resources.
TOP
You should make your complaint to the office with whom you feel
most comfortable.
TOP
Your complaint and any investigation will be shared only with those
individuals who have a legitimate business reason to know.
TOP
Yes.
TOP
Complaints must be in writing and be addressed or directed to the
Vice Chancellor of Human Resources. If the written complaint does
not include all of the following information, it may be rejected
as inadequate:
- A. The name and mailing address of the individual complainting
whistleblower retaliation, his/her working title, or position
applied for if the individual was an applicant for employment.
- 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) allegedly engaged in the improper governmental
activity or responsible for the health or safety condition.
- The name(s) of the University official or other state employee(s)
to whom the improper governmental activity was reported, and the
date and manner of the disclosure.
- A description of the specific actions taken that constituted
the alleged actual or attempted whistleblower 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.
- A signed and dated statement under penalty of perjury that the
contents of the complaint are true or are believed to be true.
Any employee or applicant considering making a disclosure under
EO 822 should review Section V of the Executive
Order.
TOP
Yes. Complaints must be filed within twelve months of the alleged
act of or attempted whistleblower retaliation.
TOP
Regardless of where the complaint is filed, the Vice Chancellor
of Human Resources will determine whether CO staff, the campus or
an external investigator will investigate the complaint of whistleblower
retaliation.
TOP
Tell the truth. In addition, you can provide as much factual information
and evidence as possible to allow the investigation to proceed.
However, do not obtain any documents for which you do not have a
right of access and do not conduct your own investigation. You should
prepare yourself to be interviewed and to provide all information
you know about the allegations you raised. You are required under
Executive Order 822 to fully cooperate with the investigation.
TOP
In accordance with Executive Order 822, the assigned investigator
will transmit a written report to the Vice Chancellor of Human Resources
within 60 working days after you have filed your complaint. The
Vice Chancellor of Human Resources will transmit a summary and conclusion
of the report to you within 10 working days.
TOP
The Vice Chancellor of Human Resources at the Chancellor’s
Office.
TOP
In most cases you will be informed of the outcome of your complaint
no later than eighteen months from the date the complaint was field.
TOP
Contact Pat Carroll, the University’s Counsel, or John Beisner,
the University’s Director of Risk Management, with any questions
you may have.
TOP
These responses are for informational purposes only. If there is
a conflict between these responses and the text of Executive Order
822, then the text in the Executive Order is controlling and should
be relied upon.
BACK |
