Whistleblower Complaints Program

The Santa Clara County Office of Education (SCCOE) recognizes that clear processes for accountability are essential to our mission and help create a supportive workplace. Reporting and investigating any wrongdoing are key to keeping our government institutions honest and effective.

To uphold these values, the County Superintendent of Schools has established procedures to help whistleblowers report any suspected unlawful activities and to ensure they are protected from any retaliation if they report in good faith or assist in the investigation of such reports.

File a Whistleblower Complaint

What is a Whistleblower?

A whistleblower is someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety, including allegations of unlawful activity, to someone who is in charge and has the power to fix the problem. A whistleblower typically works inside the organization where the wrongdoing is taking place; however, it is not necessary to be an employee of the organization to be a whistleblower. What matters is that the individual shares information about wrongdoing that otherwise would not be known.

Whistleblower Complaints and Protection 4119.24 AR

What Can I Report under the Whistleblower Complaint Program?

Concerns, information, or possible evidence of improper activity by County officers and employees, such as:

Waste
Fraud
Abuse
Mismanagement
Misuse of government property

For other types of complaints, including Uniform Complaints, Williams Uniform Complaints, and complaints relevant to Applicable Collective Bargaining Agreements, please visit the links below:

Uniform Complaint (BP/AR 1312.3): Complaints regarding unlawful discrimination in SCCOE’s programs, or failure to comply with state and federal laws regarding education programs
Williams Uniform Complaint (AR 1312.4): complaints regarding sufficiency of textbook materials, teacher vacancy, or misassignments; or urgent or emergency facility condition
Applicable Collective Bargaining Agreement: complaints regarding working conditions, or other subjects of negotiation

What are My Rights?

An employee has the right to report any improper governmental activity by the SCCOE or its staff that violates state or federal law, is economically wasteful, or involves serious misconduct, incompetence, or inefficiency. If the employee has reason to believe something illegal or non-compliant is happening, they can report it to a school administrator, the County Superintendent, or the Superintendent of Public Instruction. The employee can also choose to report it to a government or law enforcement agency or refuse to be involved in any illegal activities. (Education Code 44112, 44113; Labor Code 1102.5)

The County Superintendent or designee shall prominently display in lettering larger than size 14 point type a list of employees' rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline maintained by the Office of the California Attorney General. (Labor Code 1102.8)

No employee shall use or attempt to use their official authority or influence to intimidate, threaten, coerce, or command another employee to interfere with that employee's right to disclose improper governmental activity. (Education Code 44113)

(cf. 4119.24 - Whistleblower Complaints and Protections)

(cf. 4118 - Suspension/Disciplinary Action)

SCCOE staff will make the complaints program website (https://sccoe.ethicspoint.com) and email address (complaintsprogram@sccoe.org) available to employees when employees express concerns regarding possible fraud, waste, and abuse that may represent misconduct by SCCOE staff, Board members, or the County Superintendent.

Complaints filed through the email address may include the name of the complainant or may be filed anonymously. When possible, it is encouraged to include your name when filing a complaint, as anonymous complaints may be more difficult to investigate and therefore may also be more difficult to resolve or sustain the allegations included thereof. Complaints that allege unlawful acts will be referred to the appropriate local law enforcement agency.

An employee who knowingly files a false complaint may be subject to discipline should the investigation of the complaint reveal that the complaint was intentionally false, and that the employee knowingly filed such a complaint.

An employee who has disclosed improper governmental activity and believes that they have faced retaliation because of it, shall file a written complaint per the SCCOE's complaint procedures. After filing a complaint with the SCCOE, they may also file a copy of the complaint with local law enforcement per Education Code 44114.

(cf. 1312.1 - Complaints Concerning SCCOE Employees)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 4144 – Complaints (All Personnel)

Civil and Legal Rights

What is a Good-Faith Report?

Individuals are encouraged to report suspected incidents of unlawful activities without fear of retaliation. Such good-faith reports shall be deemed “protected disclosures” for purposes of this policy and its associated regulations. Such reports shall be investigated thoroughly and promptly, remedies applied for unlawful practices and protections provided to employees who, in good faith, report these activities and/or assist the SCCOE in an investigation.

What happens if complaints are filed in bad faith?

An employee who knowingly makes a false complaint may face discipline if an investigation of the complaint shows that the complaint was false, and that the employee knew it was untrue when they filed it.

What type of protection do I have from retaliation?

Employees shall not:

Retaliate against an employee or applicant for employment who has made a protected disclosure, assisted in an investigation, or refused to obey an illegal order;
Retaliate against an employee or applicant for employment because the employee or applicant is a family member of a person who has made a protected disclosure, assisted in an investigation, or refused to obey an illegal order;
Directly or indirectly use or attempt to use the official authority or influence of their position for the purpose of interfering with the right of an applicant or an employee to make a protected disclosure to the SCCOE.

The SCCOE will not tolerate retaliation and will take whatever action may be needed to prevent and correct activities that violate this policy, including discipline of those who violate it up to and including termination.

SCCOE Home

Whistleblower Complaints Program Page Description // <![CDATA[ _spBodyOnLoadFunctionNames.push("setupPageDescriptionCallout"); // ]]>