Whistleblower Protection
AS-2585a-02/FA - November 7-8, 2002
ATTACHMENT 1 TO AS-2585a-02/FA
ATTACHMENT 2 TO AS-2585a-02/FA
RESOLVED: That the Academic Senate of the California State University
(CSU) call on campus academic senates to work with their local administrations
to review, develop, and approve campus policies on "whistle blower" protection,
which
- In order to be consistent with the provisions of Section 8547.12(c) of
the Government Code, must either defer to or mirror CSU policy as defined in
Chancellor's Executive Orders 821 and 822 of May 23, 2002; and
- Designate an individual on campus to receive whistleblower complaints
and evaluate compliance with the order. It is for the campus to decide if
the individual receiving the complaint will also be the individual
responsible for investigating the complaint;
and be it further
RESOLVED: That the Academic Senate CSU call on campus senates to
work with their local administrations to educate faculty and staff about the
existence and provisions of both the executive orders and campus policy.
RATIONALE: Whistle-blower complaints at the CSU have roughly
doubled since 1999. However, in some instances of administrative, staff or
faculty misconduct, those aware of the misconduct may be afraid to come
forward. The California Whistleblower Protection Act establishes a procedure
for responding to complaints filed under the Act and protects designated
whistleblowers from retaliation. The Chancellor's executive orders were
promulgated both to fulfill the requirements of the Act and to address concerns
that the university was open to unnecessary legal risks. The executive order
specifically indicates that "each campus president is responsible for
developing and issuing a campus directive implementing" the requirements of
the Order. Strong campus policies protecting whistleblowers can alleviate
employee fears and enable the university to curtail wrongdoing more quickly.
Experience suggests that university policies are most effective when developed
and implemented in collaboration with faculty.
APPROVED UNANIMOUSLY - January 23-24, 2003
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