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WHISTLEBLOWER & WHISTLEBLOWER RETALIATION COMPLAINT PURPOSES
The Compliance and Internal Control Unit within the Risk Management Department has been designated by the President to receive complaints from employees, former employees and applicants for CSU employment who wish to report alleged Improper Governmental Activities.
Executive Order 1115 (article II, § G) defines Improper Governmental Activity, reportable as a Whistleblower Disclosure, as activity that:
(1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, or
(2) is economically wasteful, or involves gross misconduct, incompetence, or inefficiency. For the purposes of this policy, “Improper Governmental Activity” includes Significant Threats to Health or Safety and Illegal Order(s).
Use the following link to view CSU Executive Order 1115 : Reporting Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety.
Use the following link to view CSU Executive Order 1116: Reporting Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety.
CSU Executive Order 1115: Reporting Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety.
Complaints are encouraged to be submitted in writing to the Appropriate Administrator designated by the campus President. Complaints may be submitted at the campus level or at the CO but must be submitted no later than 12 calendar months after the Complainant knew or should have known about the alleged Improper Governmental Activity. Complaints may be submitted using the following link EO 1115 Complaint Form (.pdf), or may be submitted in writing, orally, or anonymously but should include the following information:
- The name and contact information of the Complainant (i.e., mailing address, email address, and phone number), the Complainant’s CSU position title or relationship with the CSU (if Complainant is a Third Party).
- A detailed description of the alleged Improper Governmental Activities, as defined in this EO. The description should include the name(s) and title(s) of the Employee(s) or official(s) allegedly engaged in the Improper Governmental Activities (the “Respondent(s)”).
- The date(s) the alleged Improper Governmental Activities occurred.
- Other potential witnesses to the alleged Improper Governmental Activities, the facts known by each, and if possible, their contact information.
- Any documentation that supports the allegations of Improper Governmental Activities. Individuals should not attempt to obtain documents they do not have the authority to access.
- Descriptions of documents that support the allegations of Improper Governmental Activities, if the actual documents are not in the possession of the Complainant.
There are several options available for employees, former employees and applicants for employment to file a Complaint.
You may contact the CSU East Bay Administrator:
Tom Poon, Director of Audits and Compliance
Compliance and Internal Control
California State University, East Bay
Student Services and Administration Building, Suite 1600
25800 Carlos Bee Blvd.
Hayward, CA 94542
Phone: (510) 885-2841
You may file a complaint to the Chancellor’s Office, the complaint must be submitted to the Vice Chancellor, and should be marked “Confidential” and addressed to:
Vice Chancellor of Human Resources
Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
Complaints may also be sent via email to EO-TitleIX-Compliance@calstate.edu
You may also file a complaint to the State Auditor by contacting:
California State Auditor
P.O. Box 1019
Sacramento, CA 95812
Fax: (916) 322-2603
Whistleblower Hotline: (800) 952-5665
California State Auditor does not accept complaints by email, but you may click here to file a complaint online.
CSU Executive Order 1116: Reporting Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety.
The CSU prohibits Retaliation by any Employee of the CSU against Employees, Former Employees, and Applicants for CSU employment for having made a Protected Disclosure.
Retaliation against an Employee, former Employee, or applicant for CSU employment for exercising any rights under this EO is considered a separate issue and is covered under Executive Order 1116, titled Complaint Procedure for Allegations of Retaliation for Having Made a Protected Disclosure under the California Whistleblower Protection Act. Whistleblower Retaliation complaints may be filed with the Appropriate Administrator designated by the President, a supervisor/manager, or the Chancellor’s Office (see contact information above). The Retaliation Complaint must be received within 12 calendar months of the most recent alleged act of Retaliation.
Whistleblower Retaliation complaints may be submitted by using the following link Whistleblower Retaliation Complaint Form (.pdf) and must be submitted in writing and include:
- The Complainant's name, position title or position applied for, mailing address, phone number, and email address.
- A detailed description of the original Protected Disclosure that led to the alleged Retaliation, including the name(s) and title(s) of the responsible Employee(s) who were alleged to have engaged in the Improper Governmental Activities.
- The name(s) of the individual(s) to whom the Improper Governmental Activity was reported, and the date and manner of the disclosure.
- A description of the alleged actual or attempted retaliatory actions, including the date(s), the name(s) and title(s) of the Employee(s) who were alleged to have engaged in Retaliation, and an explanation of the reasons why those actions constituted Retaliation.
- A list of witnesses to the alleged actual or attempted retaliatory actions, including their names, positions, contact information, and the facts known by each.
- Copies of any documentary evidence that supports the Retaliation Complaint.
- A dated, Sworn Statement by the Complainant under penalty of perjury that the Retaliation Complaint is true or is believed by the Complainant to be true.
- Prepare Before Filing. Before we can investigate your complaint, we must understand what you are alleging. We have found that complainants are more effective in communicating with us if they gather their thoughts before filing a complaint and prepare themselves to answer the following questions: What is the improper activity? Who acted improperly? Where does that person work? How can we prove your allegations is true? Why do you think the activity is improper?
- Support What You Allege. To open an investigation regarding your complaint, we need to know that evidence exists to support what you are alleging. So when you file a complaint, it is very important that you describe the evidence that proves what you are saying and that you give us the names and telephone numbers of knowledgeable witnesses. It also is very helpful for you to provide us with copies of any documents you have in your possession that will support what you are saying. Please do not submit original documents, as they cannot be returned.
- Consider Providing Contact Information. You have a right to file a complaint without providing your name or any other information about who you are and how we may contact you. However, we may not be able to investigate your complaint if we cannot talk to you to confirm the information you are providing or obtain additional information. Please remember that if you identify yourself to us we will not reveal your identity to anyone else without your permission, except to appropriate law enforcement personnel who are conducting a criminal investigation.
- Keep Your Complaint Confidential. We investigate complaints as confidentially as possible to protect both your identity as a whistleblower and our ability to gather information without interference. To protect the confidentiality of your complaint, we encourage you not to tell anyone that you filed a complaint with us.
In 2018 alone, we received 1,973 allegations of wrongdoing, most of which concerned misuse of state property, improper travel expenditures, and time and attendance abuse. Whistleblower complaints through the State Auditor’s Office have triggered investigations revealing more than $578 million in wasteful spending, such as:
- Four psychiatrists at a state facility worked significantly fewer than 40 hours per week during a one-year period. The cost of their missed work hours totaled $296,000.
- A state official received $152,000 in improper travel expense reimbursements over a 37-month period.
- An administrator unwisely entered into two contracts that wasted $652,919 in state-managed funds and did not comply with state contracting requirements.
You can view these reports on our website at: www.auditor.ca.gov/reports/investigative