CDCR Policy and Procedure for Reporting Serious Misconduct and Protecting Employees from Retaliation


Every employee is required to report misconduct in a timely manner. The Department Operations Manual (DOM) Section 31140.1 states all allegations of employee misconduct within the California Department of Corrections and Rehabilitation (CDCR) shall be promptly reported, objectively reviewed, and investigated when appropriate.

The CDCR shall protect employees from ·retaliation by reviewing all complaints of whistleblower or Equal Employment Opportunity (EEO) retaliation received and investigating when appropriate.


DOM Section 31140.5 requires each CDCR employee to report misconduct or any unethical or illegal activity in a timely manner. Information regarding alleged employee misconduct shall be reported promptly to a supervisor, other appropriate departmental staff, or to the Office of Internal Affairs (OIA). If information is reported verbally to a supervisor, the reporting person shall also submit a written report to the supervisor. The supervisor shall also prepare a separate written report regarding the allegations and shall submit all reports to the Hiring Authority or to the Hiring Authority’s supervisor if the allegations are against the Hiring Authority. Such reports shall include all pertinent information concerning the allegations, the timeline, and the sources of the information.

Any allegation of misconduct which is believed to constitute an emergency shall be reported immediately to a supervisor, other appropriate departmental staff, or   OIA.   In the event of such an emergency, reporting employees shall follow-up with a written report within one day of learning of the information.

To ensure employees that report misconduct are protected from retaliation, OIA shall review all complaints of whistleblower and EEO retaliation. OIA will aggressively investigate acts of retaliation to protect employees who report misconduct.

Hiring Authorities also have responsibility to protect all employees who report misconduct from retaliation by ensuring that all necessary measures are taken to protect whistleblowers or reporting employees during the investigation process as well as after the case has been adjudicated.