October 4, 2002
UNIVERSITY OF CALIFORNIA
POLICY FOR PROTECTION OF WHISTLEBLOWERS FROM RETALIATION AND
GUIDELINES FOR REVIEWING RETALIATION COMPLAINTS
(WHISTLEBLOWER PROTECTION POLICY)
The University of California is committed to protecting employees and applicants for
employment from interference with making a protected disclosure or retaliation for
having made a protected disclosure or for having refused an illegal order as defined in
This policy is derived from the California Whistleblower Protection Act
(Government Code Sections 8547-8547.12).
Pursuant to this code section, a University
employee may not:
(1) retaliate against an employee or applicant for employment who
has made a protected disclosure or who has refused to obey an illegal order, nor (2)
directly or indirectly use or attempt to use the official authority or influence of his or her
position or office for the purpose of interfering with the right of an applicant or an
employee to make a protected disclosure to the University Auditor, the employee’s
immediate supervisor or other appropriate administrator or supervisor within the
operating unit, the locally designated University official as defined in the University’s
Whistleblower Policy, or the State of California Bureau of State Audits about matters
within the scope of this policy.
It is the intention of the University to take whatever
action may be needed to prevent and correct activities that violate this policy.
Scope of Policy and Definitions
This policy applies to complaints of retaliation or interference filed by employees or
applicants for employment who have made or attempted to make a protected disclosure
(“whistleblowers”) or refused to obey an illegal order, as defined below.
Local retaliation complaint resolution procedures shall incorporate the following
Improper Governmental Activity
Any activity undertaken by the University or by an employee that is undertaken in
the performance of the employee’s official duties, whether or not that action is
within the scope of his or her employment, and that (1) is in violation of any state
or federal law or regulation, including, but not limited to, corruption, malfeasance,
bribery, theft of University property, fraudulent claims, fraud, coercion,
conversion, malicious prosecution, misuse of University property and facilities, or
willful omission to perform duty, or (2) is economically wasteful, or involves
gross misconduct, gross incompetence, or gross inefficiency.
Any good faith communication that discloses or demonstrates an intention to
disclose information that may evidence either (1) an improper governmental