SF State Employee Faces Retaliation for Speaking Up About Ignored Misconduct Complaints

Imagine this: you are hired to address a backlog of discrimination and harassment complaints at a university. You take your job seriously, launch investigations and strive to create a safe space for students and staff to report misconduct.

Instead of support, however, you face resistance from university officials who seem more concerned with negative press than accountability. You are then fired. This is the case of Heather Borlase, a former employee at San Francisco State University tasked with overseeing the handling of reports alleging wrongdoing.

Borlase filed a wrongful termination and retaliation lawsuit against SF State and the California State University (CSU) system in San Francisco Superior Court. She accused them of failing to properly investigate hundreds of misconduct claims.

Borlase’s case highlights the chilling trend of employers retaliating against employees who report wrongdoing. According to her lawsuit, as part of her job, she had taken steps to address hundreds of unresolved discrimination and harassment complaints. She was allegedly met with pushback from the university and ultimately fired.

Borlase started working as a civil rights administrator at SF State in early 2021. Upon taking the position, she inherited over 400 unresolved complaints. They pointed to a systemic failure within the university to adequately address reports of discrimination and harassment brought by students.

Borlase’s efforts to investigate the complaints were reportedly met with resistance. The lawsuit alleged that university officials discouraged her from pursuing investigations, particularly those with the potential to generate negative publicity for SF State. They were allegedly more interested in protecting the institution’s reputation rather than the wellbeing of students and staff, the lawsuit said.

Despite the pushback, Borlase examined 350 student complaints over the year. According to the lawsuit, university officials asked her to focus only on the most egregious cases rather than addressing all complaints.

One of the cases Borlase’s office investigated involved religious harassment. Several Muslim students reported that a history professor had “provocatively and gratuitously” displayed a drawing of the Prophet Muhammad in class without warning.

However, the university president deemed Borlase’s investigation into the alleged display of a religious image in class an infringement on academic freedom. Borlase was pressured not to investigate the incident. She was then suspended one week after issuing a report on her findings and subsequently fired.

According to the lawsuit, Borlase was fired in retaliation for investigating the harassment incident and trying to ensure SF State complied with its duties under the law. The university allegedly failed to respond to staff and student complaints of misconduct. The lawsuit is seeking unspecified damages.

Borlase’s experience is not an isolated one. An independent report on the entire CSU system found similar issues across more than 20 campuses: widespread distrust, lack of resources for investigations and a low number of investigations completed. Around 25 percent of surveyed students said they did not report wrongdoing due to a lack of trust in the university.

Both students and workers should feel safe and empowered to report misconduct. They should be reassured that when they come forward, their complaints will be fairly investigated.

When workplaces have a culture of silence, it discourages workers from speaking up about wrongdoing. If you find yourself in a retaliatory situation like Borlase’s, know that you have rights.

Be sure to document everything. Keep detailed records of incidents, communications and any evidence you can gather. An employment lawyer can advise you on your legal options and help you navigate the complexities of a retaliation case.

If you are a current or former employee facing retaliation for reporting discrimination or harassment, the McCormack Law Firm can help. Our San Francisco employment lawyers are available to answer your questions. Contact us today for a free initial consultation.