Washington State University
BUSINESS POLICIES AND PROCEDURES MANUAL

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Improper Governmental Actions (Whistleblower Act)

State employees may report improper governmental actions to the Office of the State Auditor of the State of Washington.

A state employee must report the asserted action within a year of occurrence.

To encourage the reporting of improper governmental actions, employees are protected from retaliation by the provisions of state law. (RCW 42.40) See "Retaliatory Actions" below.

Employees may not use or attempt to use their official authority or influence to interfere with the right of an individual to disclose information to the State Auditor. "Use of official authority or influence" is defined as recommending, processing, or approving any personnel action such as an appointment, promotion, transfer reassignment, re-employment, performance evaluation, or other adverse action.

An employee must make a reasonable attempt to ascertain the correctness of the information furnished. Knowingly furnishing false information may make an employee subject to disciplinary actions.

An improper governmental action is any action by an employee undertaken in the performance of an employee's official duty, and

• Is a gross waste of public funds or resources; or


• Is in violation of federal or state law or rule, if the violation is not merely technical or of a minimum nature; or


• Is of substantial and specific danger to the public health or safety.

Improper governmental actions do not include personnel actions, e.g., employee grievances and related complaints.

A "Whistleblower" is an employee who:

In good faith reports alleged improper governmental action to the auditor, initiating an investigation, or

In good faith provides information to the auditor in connection with an investigation, or

Is believed to have reported an asserted improper governmental action but did not actually report such action, or

Is believed to have provided information to the auditor in connection with an investigation, but did not actually provide such information.

The employee notifies the State Auditor by mail addressed to:

State Auditor's Office
Division of Audit
Attention: ED
P.O. Box 40021
Olympia, WA 98504-002

The notification includes the following:

• The name of each employee who is involved in the alleged improper governmental action.


• The identity of the agency where each employee is employed.


• Specific description of the improper governmental action.


• Other details pertaining to the action.

The notification should be signed but a signature is not required. Any signer's name is held in strict confidence. Telephone calls are not accepted.

The State Auditor's Office mails acknowledgment to the whistleblower within five working days of receipt of the report. The acknowledgement states whether or not a preliminary investigation will be conducted.

At any stage of the investigation, the State Auditor's Office may require by subpoena the attendance and testimony of witnesses and the production of documentary or other evidence relating to the investigation at any designated place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses and receive evidence.

The WSU Internal Audit Office coordinates University whistleblower investigations with the State Auditor's Office and central administrators. The Internal Audit Office forwards investigation information to central administrators as the investigation progresses. If the State Auditor's Office holds an entrance and/or exit meeting with unit personnel, a representative of the Internal Audit Office attends the meeting.

If WSU consents, the State Auditor's Office may forward the assertions to WSU for investigation. WSU must respond no later than 60 working days after receipt of the allegations from the State Auditor's Office.

The State Auditor's Office conducts a preliminary investigation of the allegations. The preliminary investigation cannot exceed 30 working days from receipt of the assertion.

During the preliminary investigation, the State Auditor's Office provides written notification of the assertions to the subject of the investigation and the WSU Internal Audit Office.

The State Auditor's Office determines whether or not the information has been provided in good faith. The identity of the whistleblower is kept confidential unless the auditor determines that the information has been provided other than in good faith.

The auditor may conduct further investigations or issue a report.

The auditor sends a memorandum to the whistleblower, if known, containing a summary of the information received, results of the investigation, and any determination of good faith.

The auditor reports the nature and details of the activity to:

• The whistleblower, if known.


• Appropriate employees and the WSU Internal Audit Office.


• If appropriate, the attorney general or other such authority.

WSU officials and employees are to cooperate fully in the investigation and take any necessary action to preclude the destruction of evidence.

Within 60 working days after the 30-day preliminary investigation period, the State Auditor is required to complete the investigation and report findings to the whistleblower. In all cases, the findings must be provided to the whistleblower within one year after the report of improper governmental action was filed by the whistleblower.

If the State Auditor's Office determines there is reasonable cause to believe that improper governmental action has occurred, the subject and WSU are given 15 working days to respond to the draft report of assertions prior to the issuance of the final report.

A representative of the Internal Audit Office meets with unit personnel and verifies that the draft report is complete and accurate. The Internal Audit Office gathers any additional information that may be pertinent to the investigation or to the response. The Internal Audit Office prepares a draft response which is submitted to central administrators for review, comment, and/or approval. Upon approval, the Internal Audit Office prepares the formal response and submits it to the State Auditor's Office. The State Auditor's Office's draft report may be revised based upon information provided by the University.

The State Auditor's Office submits a written final draft report to WSU. Within 15 working days of receiving the report, WSU submits a response to the State Auditor's Office, reporting any action taken regarding the allegations.

The State Auditor's Office prepares a written final report that includes the WSU response. That report is submitted to the governor and legislature.

Whistleblowers are entitled to protection from reprisal or retaliatory action as the result of their status as whistleblowers. If a whistleblower believes he or she has been the subject of such action, the whistleblower may file a claim with the Washington Human Rights Commission at the following address:

402 Evergreen Plaza Building
P.O. Box 42490
711 South Capitol Way
Olympia, WA 98504-2490

Reprisal or retaliatory action includes but is not limited to:

• Denial of adequate staff to perform duties,


• Frequent staff changes,


• Frequent and undesirable office changes,


• Refusal to assign meaningful work,


• Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations,


• Demotion,


• Reduction in pay,


• Denial of promotion,


• Suspension,


• Dismissal,


• Denial of employment, or


• Supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower.

A whistleblower who is subjected to any reprisal or retaliatory action during the period beginning on the day after the date on which the information is received by the State Auditor alleging improper governmental action, may seek judicial review in Superior Court whether or not there has been administrative review of the action. In such an action, the reviewing court may award reasonable attorney's fees.

In addition, a successful claim before the Human Rights Commission may result in imposition of a civil penalty of up to $3000 against the retaliator and an order directing the state employer to suspend the retaliator for up to 30 days without pay. At a minimum, a letter of reprimand is to be placed in the retaliator's personnel file.