Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.
This article shall be known and may be referred to as the California State University Investigation of Reported Improper Governmental Activities Act.
Article 4 - Investigation of Reported Improper Governmental Activities
California Education Code — §§ 89570-89574
Sections (5)
Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.
It is the intent of the Legislature that employees of, and applicants for employment at, the California State University should be free to report improper governmental activities and significant threats to health or safety and that their identities and the privacy rights of those affected by investigations of the protected disclosures be properly safeguarded.
Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.
For the purposes of this article:
(a)“Applicant for employment” means an individual who has completed and submitted an application form for a specific, available position at a campus of the California State University or at the Office of the Chancellor of the California State University.
(b)“Complainant” means an employee or applicant for employment who files a report and makes a protected disclosure in accordance with established procedures of the California State University.
(c)“Employee” means any person employed by the California State University.
(d)“Improper governmental activity” has the same meaning as set forth in subdivision (b) of Section 8547.2 of the Government Code.
(e)“Protected disclosure” means any good faith communication, as defined by subdivision (d) of Section 8547.2 of the Government Code, that is made in accordance with established procedures of the California State University.
Amended by Stats. 2021, Ch. 615, Sec. 82. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
(a)Upon receiving a protected disclosure in writing, the administrator designated in accordance with established procedures of the California State University shall acknowledge receipt of the written disclosure to the complainant. The administrator may conduct or cause to be conducted an investigative audit of the matter, and determine what action, if any, is necessary.
(b)The administrator shall issue a formal response to the complainant that contains a summary of the allegations, a summary of the investigation, whether the allegations were substantiated, and what actions, if any, were taken in response to the complaint. This response
shall be issued in a timely fashion and in a manner that is consistent with the privacy interests of each person who is involved in the situation addressed by the response. This response shall be subject to disclosure in accordance with Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(c)The identity of the person providing the protected disclosure shall not be disclosed without the written permission of that person unless the disclosure is to a law enforcement agency that is conducting a criminal investigation or to the State Auditor.
Amended by Stats. 2021, Ch. 615, Sec. 83. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
(a)Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, every investigative audit undertaken under this article shall be kept confidential, except that the California State University may issue any report of an investigation that has substantiated an allegation made by the complainant, keeping confidential the identity of the individual or individuals involved, or release any findings resulting from an investigation conducted pursuant to Section 89045 that the trustees deem necessary to serve the interests of the state.
(b)This article shall not be construed to limit any authority conferred by law upon
the Attorney General or any other department or agency of government to investigate any matter.