President's Directive No. 14
PROCEDURE FOR REPORTING ALLEGATIONS OF RETALIATION
UNDER CALIFORNIA’S WHISTLEBLOWER PROTECTION ACT
I. Directive
CSU Executive Order 822 requires that campus presidents develop procedures for campus managers and supervisors to accept and promptly forward to the Chancellor’s Office any written complaints by campus employees or applicants for employment of retaliation for making a protected disclosure. 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
A. “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.
B. “Employee” refers to a person employed by the University.
C. “Applicant for employment” refers to an individual who has completed and submitted an application for a specific, available position at the University.
D. “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.
E. Executive Order 822 contains definitions for “improper governmental activity” and “protected disclosure.”
V. Implementation
A. 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.
B. The complaint may be filed with either the Vice Chancellor of Human Resources, 401 Golden Shore, Long Beach, California 90802-4210 or the Director of University Risk Management, Langsdorf Hall 806.
C. Supervisors or managers who receive a written complaint of retaliation should forward it as soon as possible to the Director of University Risk Management.
D. 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.
E. 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:
1. The name and mailing address of the individual claiming retaliation, his/her working title, or position applied for if the individual 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) allegedly engaged in the improper governmental activity or responsible for the health or safety condition.
3. 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.
4. A description of the specific actions taken that constituted the alleged actual or attempted 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.
F. The Vice Chancellor of Human Resources or his/her designee will send a written acknowledgement within ten 10 days of receiving the complaint.
G. Executive Order 822 sets forth in detail how the Vice Chancellor of Human Resources will review a complaint and contains a sample complaint form.
The contact for questions concerning this Directive is the Director of University Risk Management.
Reviewed and Approved By President Milton A. Gordon
Date: June 30, 2005
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