Report Fraud, Waste or Abuse

“Fraud, waste or abuse” or “Improper governmental activity” is an activity carried out by a community college or its employee as part of the employee’s official duties, whether or not that activity is part of their job responsibilities, and that fits either of the following descriptions:

1. The activity violates a local, state or federal law, rule or regulation, including but not limited to corruption, theft of government property, bribery, coercion, fraud, misuse of government property, funds or resources, or intentionally failing to perform duty.
2. The activity wastes public funds or involves gross misconduct, incompetence or inefficiency.

More generally:

• Fraud is intentional deception, misrepresentation, or concealment for personal gain.  
• Waste is careless, needless or inefficient use of resources, even when there is no intent to deceive.
• Abuse is misuse of position, authority or resources for personal gain or in a way that violates rules or ethical conduct, even if the act is not clearly illegal.

Reporters may choose to remain anonymous by not including identifying information in their reports. The Office of Internal Audits (OIA) is responsible for receiving and conducting the initial review of all complaints related to fraud, waste, or abuse. The confidentiality of complainants, individuals named in a report, and any submitted documentation will be maintained to the fullest extent possible and permitted by law.

Voluntarily provided contact information is automatically encrypted by the WeTip reporting portal used by SBCC. If a reporter chooses to share their contact details, the system ensures this information remains secure and confidential. The portal also includes functionality that allows SBCC to communicate with the reporter without revealing their identity or contact information.

Under California Labor Code Section 1102.5, a whistleblower is an employee who does one of the following:

• discloses information to a government or law enforcement agency, person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation or noncompliance.
• provides information or testimony during an investigation, hearing or inquiry, where the employee reasonably believes that the information discloses that the employer is:
  • breaking a local, state or federal law, rule or regulation, or
  • creating unsafe working conditions.
  • refuses to take part in activities that would violate local, state or federal laws, rules or regulations.

Section 1102.5 also protects an employee if an employer thinks the employee reported misconduct or may do so in the future.

Employees who make a good faith report of suspected fraud, waste or abuse are protected from retaliation in accordance with California Labor Code Section 1102.5.  SBCC will take steps to maintain confidentiality for employees reporting suspected financial irregularities, misconduct, safety issues, or other concerns in accordance with the law.

California Labor Code Section 1102.5 states that employers cannot:

• create, adopt, or enforce any rules or regulations that prevent an employee from reporting wrongdoing.
• retaliate against an employee for being or being seen as a whistleblower.
• retaliate against an employee for refusing to take part in activities that break state or federal laws or rules.
• retaliate against an employee for exercising whistleblower rights in a previous job.

If an employer retaliates against a whistleblower, they may be required to reinstate the employee's employment and benefits, pay lost wages and penalties, and take actions to comply with the law.

Common indicators can include:

• Living beyond one’s means
• Financial difficulties
• Excessive drinking, gambling or other personal habits
• Unusually close association with vendors
• Excessive control issues or unwillingness to share duties
• Unwillingness or refusal to take vacation or accept promotions
• Irritability, suspiciousness or defensiveness
• General “wheeler-dealer” attitude involving unscrupulous behavior
• High personnel turnover or low employee morale