Chapman University Whistleblower policy
In accordance with the laws of the State of California, it is the policy of Chapman University to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee who has authority to investigate, discover or take corrective action, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
Who is protected?
Pursuant to California Labor Code Section 1102.5, employees are the protected class of individuals. “Employee” means any person employed by an employer, private or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California. [California Labor Code Section 1106]
What is a whistleblower?
A “whistleblower” is an employee who discloses information to a government or law enforcement agency, to a person with authority over the employee or to another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, where the employee has reasonable cause to believe that the information discloses:
1. A violation of a state or federal statute,
2. A violation or noncompliance with a local, state or federal rule or regulation, or
3. With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment, and
4. Regardless of whether disclosing the information is part of the employee’s job duties.
What protections are afforded to whistleblowers?
1. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
2. An employer may not retaliate against an employee who is a whistleblower.
3. An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a local, state or federal rule or regulation.
4. An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.
5. An employer may not retaliate against an employee because the employee is a family member of a person who is, or is perceived to be, a whistleblower.
Under California Labor Code Section 98.6, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.
How to report improper acts
If you have information regarding possible violations of local, state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees, you may make your report online via the Chapman University, Office of Internal Audit website or call the Chapman University Ethicspoint Hotline at 888-493-1870. You may also call: California State Attorney General’s Whistleblower Hotline at 1 800-952-5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation.