Reporting Misconduct
It is important to speak up and report misconduct so the University can respond with appropriate corrective action. As a UC Merced employee, you have certain obligations to report what you learn about incidents of misconduct, violence, abuse, neglect, discrimination and harassment, or other conduct that could be a violation of the law and/or University policy. Reporting this type of conduct enables the University to address and prevent harm so our campus community can work and learn in a safe environment. It is important to report any disclosed, witnessed, or suspected harm, even if you are unsure whether you are required to report it. This helps the University address and prevent harm, which enables our campus community to work and study in a safe environment. Understanding when, and how, to speak up contributes to a positive and ethical work environment.
Whistleblower Reporting of Improper Governmental Activity
Whistleblower reporting is an avenue for employees and others to bring forward good faith reports of improper governmental activity. An improper governmental activity is a violation of federal, state, and local laws and regulations that result from an action of a UC employee. Improper governmental activity that should be reported include but are not limited to:
- Illegal acts, such as corruption, bribery, or misuse or theft of University property or time
- Coercion, willful omission to perform duty, or economic waste
- Fraud or fraudulent claims
- Gross misconduct, incompetence, or inefficiency
- Abuse or misuse of authority
- Serious or substantial violations of University Policy
- Any condition that may significantly threaten the health or safety of employees or the public
The Office of the Locally Designated Official receives and reviews reports of improper governmental activity. See the Whistleblower Reporting page for additional information about whistleblower reporting processes and protections.
Complaints & Concerns Handled by Other Campus Offices
Not all improper governmental activities, policy violations, or reports of alleged workplace misconduct are addressed by the Locally Designated Official. UC policy and Collective Bargaining Agreements include dedicated employee grievance/complaint processes handled by specific campus offices. And some types of workplace behavior that are inconsistent with our Principles of Community and Ethical Values and Standards of Conduct are not necessarily addressed by the Locally Designated Official. Management may be involved in addressing these types of complaints.
Much of the compliance training required of all employees addresses employee obligations for reporting misconduct and includes information about how to report various types of misconduct. The Campus Complaint Processes chart provides specific guidance on how different types of complaints are addressed and by which UC Merced offices. Some of the key complaint processes are summarized below:
- Office for the Prevention of Harassment & Discrimination (OPHD) - Addresses complaints related to sexual harassment and sexual violence, discrimination based on a protected category, disability failure to accommodate complaints, and retaliation claims that arise from complaints made to OPHD. See the OPHD website for additional information about your obligations to report as a Responsible Employee under the UC Sexual Harassment & Sexual Violence and UC Anti-Discrimination Policies.
- HR Employee & Labor Relations (HR-ELR) - Addresses complaints related to abusive conduct (staff employees), grievances filed by union-represented employees, grievances filed by non-represented employees under PPSM-70, interpersonal conflicts between supervisors and employees, and retaliation claims that arise from complaints made to HR-ELR. See the HR-ELR website for additional information about ELR complaint processes and services available to assist supervisors and employees with workplace concerns.
- Academic Personnel Office (APO) - Addresses complaints related to abusive conduct (academic employees), Faculty Code of Conduct formal complaints, grievances filed by non-represented/non-Senate academic appointees under APM 140, interpersonal conflicts between academic supervisors and employees, and retaliation claims that arise from complaints made to APO. See the APO website for additional information about APO complaint processes and services available to assist academic employees with workplace concerns.
It is important to report any disclosed, witnessed, or suspected harm, even if you aren’t sure whether you are required to report it. If you are not sure which office handles a concern you may have, report it to the Locally Designated Official via the UC Whistleblower Hotline. When the Locally Designated Official receives a complaint that is handled by another campus office, the matter is referred to the appropriate campus office.
