SECTIONS 89570-89574 - California Statutes

EDUCATION CODE

SECTION 89570-89574

89570. This article shall be known and may be referred to as the
California State University Investigation of Reported Improper
Governmental Activities Act.

89571. 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.

89572. 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.

89573. (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 Chapter 3.5 (commencing with
Section 6250) of Division 7 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.

89574. (a) Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 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.