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Questions about
employee whistleblowers
- What is the University's Whistleblower
Policy?
- Who is a "whistleblower?"
- Who can blow the whistle?
- Why did the University develop this
policy?
- On what kinds of "improper governmental
activities" can the whistle be blown?
- Who oversees this policy?
- What is my role as a supervisor under
the Whistleblower Policy?
- What do I do if an employee comes to
me with a situation that may possibly be a whistleblower
matter-but I'm not sure if it is?
- What do I do if an employee comes to
me with what I am certain is a whistleblower matter?
- How do I document the oral report
what information do I include? Is it considered
a public record?
- Once I receive a whistleblower report,
what is the next step?
- How do I decide if the matter should
be referred to my supervisor, an appropriate manager
and/or the Locally Designated Official or if I should
handle the matter myself?
- Can I investigate allegations myself?
- What do I do if a whistleblower reports
an activity and wants to remain anonymous?
- The Whistleblower Policy is long and
detailed and I want to properly handle situations
that arise or whistleblower reports that come to me.
Where do I go for help?
1. What is the University's Whistleblower
Policy?
UC's Whistleblower Policy encourages employees to
use the guidance provided in the policy to "blow the
whistle" on "improper governmental activities," and
provides a procedure for filing and addressing whistleblower
complaints.
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2. Who is a "whistleblower?"
A whistleblower is someone who discloses or tries
to disclose information that may show a violation of
law, economic waste, or gross misconduct, gross incompetence
or gross inefficiency.
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3. Who can blow the whistle?
Employees (academic and staff), applicants for employment,
students, patients, vendors, contractors, and the general
public can blow the whistle.
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4. Why did the University develop
this policy?
As a public institution, the University has a responsibility
to the public, the legislature, students, faculty, staff
and donors to conduct its affairs ethically and in compliance
with laws and regulations. Part of how UC demonstrates
accountability for its conduct is having in place a
mechanism for people to let the University know if they
become aware of concerns about how UC business is conducted.
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5. On what kinds of "improper governmental
activities" can the whistle be blown?
The whistle can be blown on the commission of unlawful
acts such as corruption, bribery, theft or misuse of
University property, fraudulent claims, fraud, coercion,
willful omission to perform duty; or economic waste;
or gross misconduct, gross incompetence or gross inefficiency;
or any condition that may significantly threaten the
health or safety of employees or the public. (An "improper
governmental activity" has to directly involve the University
as either the victim of the improper activity or the
perpetrator of the improper activity via the action
of an employee.)
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6. Who oversees this policy?
The Senior Vice President-Business and Finance oversees
the Whistleblower Policy.
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7. What is my role as a supervisor
under the Whistleblower Policy?
You are one of the individuals who may receive whistleblower
complaints from your immediate staff or other employees.
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8. What do I do if an employee
comes to me with a situation that may possibly be a
whistleblower matter-but I'm not sure if it is?
Discuss the matter either with your supervisor, an
appropriate University manager, or the Locally
Designated Official (the person who has whistleblower
responsibilities at your location). You are encouraged
to consult with these individuals, and when in doubt
about a matter, you should report it to your immediate
supervisor, the Locally Designated Official, Internal
Audit, or other appropriate party who has responsibility
for the matter.
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9. What do I do if an employee
comes to me with what I am certain is a whistleblower
matter?
You should encourage the employee to write up the
concerns and include all relevant information, such
as the facts that led the employee to believe an improper
governmental activity had occurred. If the employee
does not want to put it in writing, you should document
the oral report with a written transcription.
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10. How do I document the oral
report what information do I include? Is it considered
a public record?
Include the facts that led the whistleblower to believe
an improper governmental activity had occurred. Don't
speculate or draw conclusions. Include as much specific
information as possible to allow for proper assessment
of the nature, extent, and urgency of preliminary investigative
procedures. Your documentation likely will not be considered
a public record until the matter has been resolved,
either by investigation or determination that no investigation
is warranted.
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11. Once I receive a whistleblower
report, what is the next step?
You should determine if you can review and dispose
of the matter or if it needs to be referred to your
supervisor, an appropriate manager and/or the Locally
Designated Official.
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12. How do I decide if the matter
should be referred to my supervisor, an appropriate
manager and/or the Locally Designated Official or if
I should handle the matter myself?
If you think an improper governmental activity is
being alleged, the matter should be referred for investigation.
If the matter is not an improper governmental activity,
it might require management review or other appropriate
disposition. If you have any questions about whether
or not the matter should be referred, you should call
your Human Resources, Academic Personnel or Internal
Audit Office, or your Locally Designated Official. However,
the matter must be reported to the Locally
Designated Official when any of the following conditions
are met:
- The matter is the result of a significant internal
control or policy deficiency that is likely to exist
in other units within the institution or across the
University system
- The matter is likely to receive media or other public
attention
- The matter involves the misuse of University resources
or creates exposure to a liability in potentially
significant amounts
- The matter involves allegations or events that have
a significant possibility of being the result of a
criminal activity (such as disappearance of cash)
- The matter involves a significant threat to the
health and safety of employees and/or members of the
public
- The matter is judged to be significant or sensitive
for other reasons
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13. Can I investigate allegations
myself?
No, leave that to the investigators. Your responsibility
is to exercise appropriate judgment in determining which
matters should be referred to a higher level of management
and/or the Locally Designated Official and which matters
you can review and dispose of. If you have any doubt
about whether or not the matter should be disclosed,
you should err on the side of disclosure and consult
your Human Resources, Academic Personnel or Internal
Audit Office, or your Locally Designated Official.
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14. What do I do if a whistleblower
reports an activity and wants to remain anonymous?
If the whistleblower wants to remain anonymous, he
or she can call the local whistleblower
hotline, the Locally Designated
Official or Internal Audit Office can be contacted
to find out if a hotline exists at your location). The
whistle-blower can also call the State
Auditor's hotline. However, the whistleblower should
be assured that the intent of the Whistleblower Policy
is to keep his or her identity confidential, and that
his or her confidentiality will be maintained to the
extent possible within the limitations of law and policy
and the need to conduct a competent investigation.
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15. The Whistleblower Policy is
long and detailed and I want to properly handle situations
that arise or whistleblower reports that come to me.
Where do I go for help?
Consult your supervisor or other appropriate administrator,
the Locally Designated Official,
or the Internal Audit, Academic Personnel, or Human
Resources Office.
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