The University of California today released portions of its investigation into the 2005 anonymous whistleblower allegations regarding certain financial and management matters at UCSF School of Medicine. The University Auditor conducted this investigation, which included the detailed examination of large volumes of data and opportunities for comment by the Dean of the School of Medicine.
The report makes seven substantive findings. (Of the nine original allegations, two were duplicative.) The first is the allegation that a questionable recruitment process had occurred for the Dean of the School of Medicine that was potentially non-compliant with University recruitment and compensation policies. That allegation was not sustained. The second allegation asserted that irresponsible spending was occurring in the School of Medicine that called into question the solvency of the school. That allegation was not sustained. There were five additional allegations, each of a personal nature involving the Dean of the School of Medicine. None of these additional allegations was sustained.
The first two allegations concerned the conduct of the institution. The five additional allegations concerned the conduct of an individual, or individuals, and, as noted above, none of these allegations was sustained. The Office of the General Counsel has determined that those portions of the report that address unsubstantiated allegations against an individual are not releasable under the California Public Records Act. Under California law, when accusations against an individual are not sustained upon investigation, disclosing or repeating the unsustained allegations can constitute an invasion of the individual’s right to privacy under the California constitution. (American Federation of State etc. Employees v. Regents of University of California (1978) 80 Cal. App. 3d 913; Bakersfield City School Dist. v. Superior Court, (2004) 118 Cal. App. 4th 1041).
The report can be found at www.universityofcalifornia.edu/news/2007/jul23.pdf.
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