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Ethics and Investigations: Improper Governmental Activity

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Improper Government Activities Defined

California Government Code Section 8547.2 defines improper governmental activities as:
any activity by a state agency 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 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.

While the scope of the University's policy on reporting and investigating improper governmental activities is intended to be limited to the statutory definition, serious or substantial violation of University policy may constitute improper governmental activities, determined upon review or investigation.

Individual employee grievances and complaints regarding terms and conditions of employment will continue to be reviewed under the applicable academic and staff personnel policies or collective bargaining agreements.

In all instances, the University retains the prerogative to determine when circumstances warrant an investigation and, in conformity with this policy and applicable laws and regulations, the appropriate investigative process to be employed.

Whistleblower Protection

The Whistleblower Protection 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.

A Protected disclosure is any good faith communication that discloses or demonstrates an intention to disclose information that may evidence either (1) an improper governmental activity (see above definition) or (2) any condition that may significantly threaten the healtah or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition.

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