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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - California Code, Education Code - EDC § 44113 - last updated January 01, 2025 | https://codes.findlaw.com/ca/education-code/edc-sect-44113/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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