Institution has last word for state higher-ed whistle-blower

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in Employment Law,Human Resources

Good news for public colleges and universities: When staff blow the whistle on alleged wrongdoing and the institution has a sound policy for dealing with such allegations, the employee can’t also take the claim to federal court. The institution’s decision is final and binding.

Recent case: David Kessler was dean of the University of California at San Francisco School of Medicine until he was terminated. He claimed the real reason was that he had re­­ported financial manipulation after discovering that the school’s fiscal situation was far worse than he had been led to believe.

Kessler followed the university’s whistle-blowing process and presented his case. In the end, the committee hearing his claim dismissed it.

He sued in federal court but his case was dismissed because the uni­versity had already ruled on it. (Kessler v. Bishop, et al., No. C-08-5554, ND CA, 2011)

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