| UCLA DA 605.01 | Rendering a Decision as a Result of a Whistleblower Retaliation Complaint Investigation |  | View/Print Document | ||||||
| Date: | March 24, 2006 | ||||||||
| From: | Chancellor Albert Carnesale | ||||||||
| To: | Executive Vice Chancellor & Provost Daniel M. Neuman | ||||||||
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| Supersedes: | New | ||||||||
Effective as of the date above, I hereby delegate to you the authority delegated to me to render final decisions in connection with whistleblower retaliation complaint investigation matters in accordance with the procedures set out in the University of California Policy for Protection of Whistleblowers from Retaliation (Policy). In addition, I delegate to you authority to grant extensions to the time for the Retaliation Complaint Officer (RCO) to complete and submit a fact-finding report in situations where the Locally Designated Official (LDO) is functioning as the complaint fact-finder.
The Policy provides protection for persons who allege acts of reprisal or intimidation by University officials due to disclosure or attempted disclosure of suspected improper governmental activities. The Policy provides that where warranted a fact-finding investigation be conducted of a retaliation complaint and the results of such investigation be presented to the Chancellor for a decision. Where a particular complainant’s retaliation claim also appears in a grievance filed by the employee, the separate retaliation complaint is held in abeyance until the grievance is resolved. Since the Executive Vice Chancellor is often the decision-maker in grievance actions, it will serve to promote consistent results to have the Executive Vice Chancellor decide retaliation complaint matters as well.
The Policy also provides that the RCO shall present findings and conclusions to the Chancellor within 120 days from the date on which the complaint was assigned to the RCO unless an extension is granted by the LDO. In those cases where the LDO functions as fact-finder for a particular complaint matter, it is appropriate that someone other than the LDO approve any extension of time that may be required to complete the fact-finding report.
The authority delegated herein is not exclusive but is retained by the Chancellor as well. Certain retailation complaint matters may be more appropriately decided by the Chancellor; for example, when the Executive Vice Chancellor may be or appear to be conflicted with respect to a particular retaliation complaint matter. In any event, the decision of the Executive Vice Chancellor or the Chancellor in a retaliation complaint matter, as the case may be, is final as provided for in the Policy.
This authority may not be further redelegated.
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