FBI Whistleblower Answers Questions
When/How to Report Wrongdoing questions
The Whistleblower Policy is intended to encourage employees and others to make good faith reports of suspected fraud, corruption, or other improper governmental activity, or health and safety concerns within the university to appropriate university officials and to describe the process that will be followed by the university in evaluating and investigating such reports. The focus of the policy is on the reporting of “Improper Governmental Activity” the investigation of which is coordinated by the Administrative Policies & Compliance Office. Other matters that get reported to the compliance office, for example, suspected campus policy violations or various workplace concerns, are generally referred to the management of the responsible department.
Improper Governmental Activity (IGA) is defined in the Universitys Whistleblower Policy as “Any activity by the University or by a University employee that is undertaken in the performance of the employees official duties, whether or not that action is within the scope of his or her employment, and that (1) is in violation of any State or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, or (2) is economically wasteful, or involves gross misconduct, gross incompetence, or gross inefficiency.” This broad definition is derived from State law. Not all instances of improper conduct will constitute IGA. For example, most violations of University policy will not amount to IGA unless the policy violation is also a violation of federal or State law.
Make a Report at universityofcalifornia.edu/hotline or Call the University Wide *Whistleblower Hotline: (800) 403-4744.
*The Whistleblower Hotline is Independently Operated to Ensure Confidentiality.
If you are an employee, you may also report the matter to your supervisor or other department official, or to one of the following offices:
However you choose to make your report, be prepared to provide sufficient factual information, including the names of individuals you suspect are engaged in wrongdoing, as well as when, where, how, and how long the wrongdoing occurred.
Any imminent threat to the health or safety of employees, students, or the public should be reported to UC Berkeley Police by dialing 911 from a campus phone or 2‑3333 from any other phone. If you are concerned that a workplace situation may escalate and result in violence, you can contact UC Berkeley Police or one of UC Berkeley’s human resources offices. Concerns you have about actual and potential environmental hazards can be reported to UC Berkeley Environment, Health & Safety by calling (510) 642-3073.
The term “Whistleblower” is used generally to refer to anyone who reports suspected Improper Governmental Activity, including those who make such reports as part of their job responsibilities, employees, students, or members of the general public. For the purposes of the California Whistleblower Protection Act and the UC Whistleblower Protection Policy, only those reporting suspected Improper Governmental Activity are entitled to the special protections afforded to whistleblowers. A whistleblower is not someone who wishes to file a complaint to seek redress for some adverse employment or academic action/condition who happens to assert some suspected impropriety by the person responsible for the adverse action/condition.
If you have been adversely affected by an employment action or academic decision that you believe violates State or federal law or is otherwise improper, you should contact your departments personnel office if you wish to seek a reversal or modification of the employment action or academic decision. Employees who seek to have such an action reversed/modified and wish to file a formal complaint or grievance can contact the appropriate human resources office (Campus Human Resources, Health System Human Resources, or the Academic Personnel Office) for more information; students can contact the Dean of Students Office. Such complaints cannot be filed anonymously and are not investigated as reports of Improper Governmental Activity under the Whistleblower Policy.
Policy violations and other types of wrongdoing that may not qualify as Improper Governmental Activity should also be reported. If you are an employee, you can report such suspected wrongdoing to a supervisor or manager, provided you do not suspect the supervisor or manager is involved in the wrongdoing. You can also report them directly to the human resources office within your department, or to one of the following offices:
Yes. Reports of Improper Governmental Activity can be made anonymously by calling the University Whistleblower Hotline. However, anonymous reports are often difficult to investigate if the caller has not provided enough information. Also, anonymous callers cannot purport to represent a larger group (e.g., all the employees in a department) when such representation cannot be verified.
Note that a confidential report is not the same thing as an anonymous one, and it is up to you to decide whether or not to make your report anonymously. Be aware that certain types of reports (e.g., those involving workplace conflicts) often cannot be thoroughly investigated unless the University has a way to contact or interview the involved parties. If the person making the report is a percipient witness to the wrongdoing (where independent verification of the allegations is not practical), the person accused may be provided the report of the wrongdoing, in order that he/she has an opportunity to respond.
In addition to the Hotline, individuals may report suspected Improper Governmental Activity to the Bureau of the State Auditor (800-952-5665) or to the California Attorney General (800-952-5225).
What Happens to Reports of Wrongdoing answers
A report made to a supervisor or another department official may be investigated by that official if it is within his/her area of responsibility. A report may be referred to the Locally Designated Official or it may be referred to another office deemed appropriate to look into the matter. The office will determine whether the facts asserted amount to Improper Governmental Activity and whether they are sufficiently detailed and credible to warrant an inquiry. If the allegations of wrongdoing are confirmed, appropriate corrective action will be taken. If the report was made via the Whistleblower Hotline, UC Berkeley responds to the caller with a brief summary of the outcome of the inquiry, unless there are compelling reasons not to do so. For personnel privacy reasons, UC Berkeley does not disclose what specific disciplinary actions may have been taken against an employee.
The Universitys Whistleblower Policy states that “To the extent possible within the limitations of law and policy and the need to conduct a competent investigation, confidentiality of whistleblowers will be maintained. Whistleblowers should be cautioned that their identity may become known for reasons outside of the control of the investigators or University administrators.”
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FAQ
What questions should you ask a whistleblower?
- How do I make a report? …
- Will my organisation know it’s me making the report?
- Will my organisation try to identify me and how can I ensure I stay anonymous?
- If they identify me, will they retaliate in any way?
- What happens after I make my report?
What are the 3 steps in the whistle blowing process?
- Identify the Issue. What is occurring and how do you know it?
- Document the Facts. …
- Who Needs to Know. …
- Make a Decision about Confidentiality. …
- Make the Call or Submit Your Disclosure.
What questions should a person ask themselves before they become a whistle blower?
- Am I prepared for others to learn that I am a whistleblower? …
- Am I prepared to forego reporting internally before reporting to the government? …
- Am I prepared to expend the resources potentially required to earn my reward?
What are the ethical issues of whistleblowing?
