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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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