Whistleblower

Whistleblower & Whistleblower Retaliation Complaints

June 2024 Memo from Charlie Faas, Vice President of Administration and Finance and CFO [pdf]

Purpose

The Employee Relations and Retention unit has been designated by the President to receive complaints from Employees, Former Employees, third parties and Applicants for CSU employment who wish to report alleged Improper Governmental Activity. 

Executive Order 1115 (article II, § G) defines Improper Governmental Activity, reportable as a Whistleblower Disclosure, as activity 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. For the purposes of this policy, “Improper Governmental Activity” includes Significant Threats to Health or Safety and Illegal Order(s).

For more information see the Whistleblower program brochure [pdf].

Policies

• CSU Executive Order 1115: Complaint Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety
• CSU Executive Order 1116: Complaint Procedure for Allegations of Retaliation for Having Made a Protected Disclosure under the California Whistleblower Protection Act

Questions? Contact the Office for Employee Relations at (408) 924-2450.

Complaint Instructions

• Whistleblower Complaint Instructions

  • CSU Executive Order 1115: Reporting Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety.

    Complaints are encouraged to be submitted in writing to the Appropriate Administrator designated by the campus President. Complaints may be submitted at the campus level or at the CO but must be submitted no later than 12 calendar months after the Complainant knew or should have known about the alleged Improper Governmental Activity. Complaints may be submitted using the following link EO 1115 Complaint Form [pdf], or may be submitted in writing, orally, or anonymously but should include the following information:

    1. The name and contact information of the Complainant (i.e., mailing address, email address, and phone number), the Complainant’s CSU position title or relationship with the CSU (if Complainant is a Third Party).
    2. A detailed description of the alleged Improper Governmental Activities, as defined in this EO. The description should include the name(s) and title(s) of the Employee(s) or official(s) allegedly engaged in the Improper Governmental Activities (the “Respondent(s)”).
    3. The date(s) the alleged Improper Governmental Activities occurred.
    4. Other potential witnesses to the alleged Improper Governmental Activities, the facts known by each, and if possible, their contact information.
    5. Any documentation that supports the allegations of Improper Governmental Activities. Individuals should not attempt to obtain documents they do not have the authority to access.
    6. Descriptions of documents that support the allegations of Improper Governmental Activities, if the actual documents are not in the possession of the Complainant.

    How do I File a Whistleblower Complaint?

    To make a Complaint to the CSU Administrator, contact:

    Julie Paisant, Senior Director
    Employee/Labor Relations, Retention & Talent Acquisition/Whistleblower Administrator
    San Jose State University, University Personnel
    One Washington Square
    San Jose, CA  95192-0046
    Phone: (408) 924-2250
    Email: equal-employment@sjsu.edu

    To make a Complaint to the CO, the Complaint must be submitted to the Vice Chancellor, should be marked “Confidential” and addressed to:

    Vice Chancellor of Human Resources
    Equal Opportunity and Whistleblower Compliance Unit
    Systemwide Human Resources
    Office of the Chancellor
    401 Golden Shore
    Long Beach, California 90802

    Complaints may also be sent via email to EO-TitleIX-Compliance@calstate.edu

    You may also file a complaint to the State Auditor by contacting:

    California State Auditor
    P.O. Box 1019
    Sacramento, CA 95812
    Fax: (916) 322-2603
    Whistleblower Hotline: (800) 952-5665

    
    California State Auditor does not accept complaints by email, but you may click here to file a complaint online.

• Whistleblower Retaliation Complaint Instructions

  • CSU Executive Order 1116: Reporting Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety.

    The CSU prohibits Retaliation by any Employee of the CSU against Employees, Former Employees, and Applicants for CSU employment for having made a Protected Disclosure.

    Retaliation against an Employee, former Employee, or applicant for CSU employment for exercising any rights under this EO is considered a separate issue and is covered under Executive Order 1116, titled Complaint Procedure for Allegations of Retaliation for Having Made a Protected Disclosure under the California Whistleblower Protection Act. Whistleblower Retaliation complaints may be filed with the Appropriate Administrator designated by the President, a supervisor/manager, or the Chancellor’s Office (see contact information above). The Retaliation Complaint must be received within 12 calendar months of the most recent alleged act of Retaliation.

    Whistleblower Retaliation complaints may be submitted by using the following link Whistleblower Retaliation Complaint Form [pdf] and must be submitted in writing and include:

    1. The Complainant's name, position title or position applied for, mailing address, phone number, and email address.
    2. A detailed description of the original Protected Disclosure that led to the alleged Retaliation, including the name(s) and title(s) of the responsible Employee(s) who were alleged to have engaged in the Improper Governmental Activities.
    3. The name(s) of the individual(s) to whom the Improper Governmental Activity was reported, and the date and manner of the disclosure.
    4. A description of the alleged actual or attempted retaliatory actions, including the date(s), the name(s) and title(s) of the Employee(s) who were alleged to have engaged in Retaliation, and an explanation of the reasons why those actions constituted Retaliation.
    5. A list of witnesses to the alleged actual or attempted retaliatory actions, including their names, positions, contact information, and the facts known by each.
    6. Copies of any documentary evidence that supports the Retaliation Complaint.
    7. A dated, Sworn Statement by the Complainant under penalty of perjury that the Retaliation Complaint is true or is believed by the Complainant to be true.