Whistleblower Policy

The University Corporation, San Francisco State (UCorp) is compelled to comply with the University Executive Directive 02-25 established to fulfill the requirements of University Executive Order No. 929, and the California Whistleblower Protection Act. EO 929 prescribes guidelines for responding to disclosures filed with the Office of the Chancellor by employees or applicants for employment who allege an improper governmental activity of conditions that may significantly threaten the health or safety of employees or the public and established a procedure for employees and applicants for employment at San Francisco State University (University) to make protected disclosures.

The UCorp seeks to adopt and further expand said policy to ensure its employees and applicants are also covered. UCorp employees or applicants for employment may make a protected disclosure to their supervisor or manager, to the management of the UCorp, to the University’s Director of Human Resources or to the CSU Vice Chancellor of Human Resources. UCorp employees or applicants of employment may allege an improper governmental and/or auxiliary activity or conditions that may significantly threaten the health or safety of both University and/or UCorp employees and the public.

Definitions

As used herein, “employee” refers to any person employed by the UCorp.

As used herein, “applicant for employment” refers to an individual who has completed and submitted an application form for a specific, available position at the UCorp.

Complainant – the term “complainant” means an employee or applicant for employment who files a report and makes a protected disclosure under this policy.

Improper governmental and/or auxiliary activity – the term “improper governmental and/or auxiliary activity” means any activity by a University and or UCorp department/program or employee that is undertaken in the performance of the employee’s official duties, whether or not that action is within the scope of his/her employment, and that, [I] 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 [II] Is economically wasteful, or involves gross misconduct, incompetence or inefficiency.

Protected Disclosure - the term “protected disclosure” means any good faith communication that discloses information that may evidence [1] an improper government activity, or [2] any 2 condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose or remedying that condition.

General Provisions

Complaints, responses and investigations shall be shared only with individuals who have a legitimate business reason to know, including, but not limited to University officials.

Protected Disclosures

Any employee or applicant of employment may make a protected disclosure to UCorp management or the University’s Director of Human Resources no later than thirty (30) days after the event giving rise to the protected disclosure or no later than thirty (30) days after the employee or applicant for employment knew or reasonably should have known of the event.

The protected disclosure shall be in writing and contain the following information:

  1. Name & mailing address of the complainant, the complainant’s working title or position applied for
  2. A detailed description of the specific actions that constituted the alleged improper governmental and/or auxiliary activity or condition that may significantly threaten the health or safety of employees or the public, including the name(s) and title(s) of University and/or auxiliary employee(s) or official(s) allegedly engaged in the improper governmental and/or auxiliary activity or responsible for the health or safety condition.
  3. The date(s) the alleged improper activities occurred or the condition developed
  4. Other potential witnesses to the alleged improper activities or condition
  5. Any documentation that supports the allegations of improper activities or of a threatening condition
  6. Descriptions of documents that support the allegations of improper activities or of a threatening condition, if the actual documents are not in the possession of the complainant
  7. The protected disclosure must be signed, dated and contain a sworn statement under penalty of perjury that its contents are believed to be true.

Response to Protected Disclosures Made to UCorp Management or the University's Director of Human Resources

  1. Receipt of the written protected disclosure shall be acknowledged in writing within ten (10) days of receipt.
  2. Upon receipt of a protected disclosure, UCorp management and/or the University’s Director of Human Resources may commission an investigation of the matter.
  3. Care shall be taken to keep confidential the identity of the complainant in so far as feasible and consistent with the law.
  4. If UCorp management or the University’s Director of Human Resources determines that there is reasonable cause to believe that improper governmental and/or auxiliary activity has occurred or that a condition that may significantly threaten the health or safety of employees or the public exists, a report will be filed with a recommendation for appropriate action to the appropriate University officials.
  5. UCorp management, in concert with University officials, will determine what action, if any, is necessary. Within ninety (90) days of receipt of the protected disclosure, UCorp management shall issue a formal response to the complainant that includes whether the allegations were substantiated and what, if any, actions were taken. Care shall be taken to protect the privacy interests of those involved.
  6. UCorp management will ensure notification of the appropriate University officials, CSU officials and other applicable State officials, of all cases of actual or suspected fraud, theft or other irregularities it learns as a result of any protected disclosures made under this policy.

The CSU Vice Chancellor of Human Resources shall be notified of all cases of actual or suspected fraud theft or other irregularity.