Section 44113 Of Article 5. Reporting By School Employees Of Improper Governmental Activities From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 1. >> Article 5.
44113
. (a) An employee may not directly or indirectly use or
attempt to use the official authority or influence of the employee
for the purpose of intimidating, threatening, coercing, commanding,
or attempting to intimidate, threaten, coerce, or command any person
for the purpose of interfering with the right of that person to
disclose to an official agent matters within the scope of this
article.
(b) For the purpose of subdivision (a), "use of official authority
or influence" includes promising to confer or conferring any
benefit; affecting or threatening to affect any reprisal; or taking,
directing others to take, recommending, processing, or approving any
personnel action, including, but not limited to appointment,
promotion, transfer, assignment, performance evaluation, suspension,
or other disciplinary action.
(c) For the purpose of subdivision (a), "official agent" includes
a school administrator, member of the governing board of a school
district or county board of education, county superintendent of
schools, or the Superintendent of Public Instruction.
(d) An employee who violates subdivision (a) may be liable in an
action for civil damages brought against the employee by the offended
party.
(e) Nothing in this section shall be construed to authorize an
individual to disclose information otherwise prohibited by or under
law.