Cal. Code Regs. Tit. 9, § 30508 - False Accusations or Statements

(a) False accusations or statements made by a ward or staff member in connection with the filing of a grievance or participation in the grievance procedure may be subject to disciplinary action if:

(1) The false accusation or statement was made in a knowing, deliberate, and malicious attempt to cause significant harm to another party, and

(2) The potential for such injury is substantiated.

(b) The burden of proof in such a case shall rest with the accuser. Failure of a ward or staff member to substantiate his accusations or statements against another shall not, by itself, be used as grounds to initiate disciplinary action.

(c) The superintendent shall use the following criteria when reviewing Disciplinary Decision Making System action involving allegations of slander or false accusations against staff, and approve further DDMS actions only when all the following elements are present:

(1) The statement is shown to be false, and

(2) It is shown that the ward knew it was false, and

(3) It is shown that the ward intended to harm the person about whom the statement was made, and

(4) It is shown that there was actual potential for substantial harm to the person about whom the statement was made.

(d) During a review of potential DDMS actions referred to in subsection (1)-(4), staff shall consider the ward's entire statement or series of remarks, e.g.:

(1) Statements shall not be taken out of context.

(2) The ward's mistaken or inaccurate conclusions regarding matters of law and/or policy are not to be regarded as false statements or accusations.

(3) Only the statement of alleged facts which form the basis for such conclusions shall be considered.

Notes

Cal. Code Regs. Tit. 9, § 30508

1. Change without regulatory effect renumbering title 15, section 4093 to title 9, section 30508 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.

1. Change without regulatory effect renumbering title 15, section 4093 to title 9, section 30508 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).