Whistleblower Information

What is the Whistleblower Protection Act in Higher Education?
The Whistleblower Protection Act forbids every state official and state employee from retaliating or attempting to retaliate against any employee or applicant for employment who reports an improper activity. Retaliation includes intimidation, the denial of appointment or promotion, a poor performance evaluation, involuntary transfer, or any form of disciplinary action.

Whistleblower and Whistleblower Retaliation Complaint Purposes
Compliance and Internal Control (CIC), as part of the Risk Management and Internal Control (RMIC) has been designated by the California State University, East Bay (CSUEB) President to receive and review Whistleblower submissions received via email (Whistleblower Email: whistleblower@csueastbay.edu) from current employees, former employees, and applicants for California State University (CSU) employment who wish to report alleged improper governmental activities.

(Article II, § A) defines Improper Governmental Activity as any activity by the CSU, a CSU department, or employee that is undertaken in the performance of the employee’s duties, undertaken inside a CSU office, or if undertaken outside a CSU office by the employee, directly relates to the CSU, whether or not that action is within the scope of employment, and that:

  • 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
  • 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).

Policies

Use the following link to view:

  • : Complaint Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety.
  • : Complaint Procedures for Allegations of Retaliation for Having Made a Protected Disclosure under the California Whistleblower Protection Act.

 

Per the , any employee or third-party may submit a complaint of suspected Improper Governmental Activities. Complaints must be submitted no later than 12 calendar months after the Complainant knew of should have known of the alleged Improper Governmental Activity.

Complaints are encouraged to be submitted in writing at the campus level to the Appropriate Administrator (AA) designated by the campus President or for the Chancellor’s Office (CO), the AA is the Vice Chancellor of Human Resources or designee. There are different ways to submit a complaint.

  • At the camps level, a complaint may be submitted to the designated Whistleblower Email:
    whistleblower@csueastbay.edu
  • Complaints may be submitted directly to the Chancellor’s Office (CO) via postal mail, 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, CA 90802
Investigations California State Auditor
P.O. Box 1019
Sacramento, CA 95812
When submitting a complaint, include the following information:
  • The Complainant’s contact information (i.e., mailing address, email address, and phone number), Complainant’s California State University (CSU) position title or if the Complainant is a third-party, relationship with the CSU.
  • Detailed description of the alleged Improper Governmental Activities per EO 1115 definition (description to include the Respondents’ name(s) and title(s) of the employee(s) or official(s) allegedly engaged in the Improper Governmental Activities).
  • Date(s) the alleged Improper Governmental Activities occurred.
  • Potential witnesses to the alleged Improper Governmental Activities, details of what the witnesses know, and if possible, the witnesses’ contact information.
  • Documentation that supports the allegations of Improper Governmental Activities, and if the documents are not in the possession of the complainant, descriptions of documents that supports the allegations of Improper Governmental Activities.

Per the , retaliation by any employee of the California State University (CSU)
against employees, former employees, and applicants for CSU employment for having made a protected disclosure is prohibited. The Executive Order stipulates the retaliation complaints should be submitted with a Sworn Statement within 12 months calendar months of the most recent alleged actual or attempted retaliatory act.

Whistleblower Retaliation complaints must be submitted in writing and may be submitted using the Whistleblower Retaliation Complaint Form; the form must be received by the Appropriate Administrator (AA) designated by the campus President or for the Chancellor’s Office (CO), the AA is the Vice Chancellor of Human Resources or designee.

When submitting a complaint, include the following information:

  • The Complainant’s name, position title or position applied for, mailing address, phone number, and email address.
  • 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.
  • Name(s) of the individual(s) to whom the Improper Governmental Activities were reported, and the date(s) and manner(s) of the disclosure.
  • Description of the alleged actual or attempted retaliatory actions, including the date(s), 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.
  • List of witnesses’ name(s) to the alleged actual or attempted retaliatory actions, including their name, position, contact information, and the facts known by each.
  • Copies of any documentary evidence that supports the retaliation complaint.
  • 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.

Refer to the California State Auditor Whistleblower Program Brochure, which contain various information, such as:
  • What improper acts can be reported;
  • Submissions that are investigated;
  • Submissions that are not investigated;
  • How to report;
  • What to report;
  • Identity protection; and
  • Helpful tips when filing a complaint.