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About POGO's Federal Contractor Misconduct Database (FCMD)
The government awards contracts to companies with histories of misconduct such as contract fraud and environmental, ethics, and labor violations. In the absence of a centralized federal database listing instances of misconduct, the Project On Government Oversight (POGO) is providing such data. We believe that it will lead to improved contracting decisions and public access to information about how the government spends hundreds of billions of taxpayer money each year on goods and services. Report an instance of misconduct »
Ranking: 12
University of California
The University of California public university system includes 10 campuses, 5 medical centers, approximately 214,000 students, and an endowment of over $7 billion. The University of California is one of the world's premier research universities. It is committed to maintaining a research environment conducive to creating and freely disseminating the very best scholarly contributions and scientific discoveries. The University of California is consistently rated among the top institutions in the world for the quality and breadth of its research enterprise, for the scholarly distinction of its faculty, for the excellence of its Ph.D. programs, and for the amount of funding received for support of its research programs. ***NOTE*** In 10 instances, the University of California’s exemption under the Price-Anderson Amendments Act allowed it to avoid monetary punishment for nuclear safety violations at its Los Alamos and Lawrence Livermore national laboratories. Due to a provision of the Act which, until it was reauthorized in 2005, exempted several nonprofit education institutions, the Department of Energy waived over $3.5 million in civil penalties. POGO has included those penalty amounts herein. (In June 2006, Los Alamos National Security LLC, a joint venture consisting of Bechtel National, University of California, BWX Technologies, and Washington Group International, took over as manager of Los Alamos National Laboratory. In October 2007, Lawrence Livermore National Security LLC, a joint venture consisting of Bechtel National, University of California, BWX Technologies, Washington Group International, and Battelle, took over as manager of Lawrence Livermore National Laboratory.)
Federal Contract $: $ 835.5m
Total Number of Instances: 25
Total Misconduct dollar amount: $ 67.3m
Instances of Misconduct
1. DOE Rule Violations at Lawrence Livermore Lab
A Department of Energy investigation of the Lawrence Livermore National Laboratory, which is operated by the University of California, found likely violations of 10 CFR 830.120 (Quality Assurance Rule). "These violations...include (1) quality improvement violations related to LLNL inadequacy in acknowledgment and timely response to programmatic weaknesses in their AB processes and (2) Work Process violations related to lack of adherence to the requirements contained in AB related documentation...LLNL is exempt from civil penalty by statute. However, because of the collective safety significance of these violations, DOE would have issued a Proposed Imposition of Civil Penalty in the amount of $82,500.”... more»
2. Unauthorized Staging and Storage of Transuranic Waste at Los Alamos Lab (2002)
The Department of Energy issued a preliminary notice of violation to the University of California-operated Los Alamos National Laboratory which alleged: “(1) failures leading to the establishment of an unauthorized nuclear facility by storage of TRU waste in PF-185 without a safety evaluation and associated controls; (2) failures in 1999 and 2000 to implement site work control requirements for identifying and categorizing nuclear facilities and associated hazards; (3) failures to identify these deficiencies with the nuclear storage conditions in PF-185 over a five year period; and (4) deficiencies in the LANL event investigation, cause analysis, and corrective action development and implementation once the problems came to light.” “In the ordinary course, DOE would have issued a Proposed Imposition of Civil Penalty in the amount of $220,000 in this case. With respect to LANL, however, this civil penalty is currently waived by statute.”... more»
3. Excessive Radiological Exposure at Lawrence Livermore Lab (1998)
The Department of Energy (DOE) evaluated the facts and circumstances surrounding the unplanned personnel contaminations/intakes at the University of California-operated Lawrence Livermore National Laboratory's (LLNL) Hazardous Waste Management Facilities on July 2, 1997, where five workers were exposed to an excessive amount of radiological material. The DOE concluded that violations of nuclear safety requirements likely occurred. Although LLNL is exempt from civil penalty by statute, the DOE would have issued a civil penalty in the amount of $159,375.... more»
4. Failure to Obtain Export Licenses (Los Alamos and Lawrence Livermore Labs)
The Department of Commerce reached an agreement with University of California-operated Los Alamos National Laboratory (LANL) and Lawrence Livermore National Laboratory (LLNL) concerning alleged shipments of various commodities without the proper Department of Commerce authorizations. “The Department of Commerce alleged that LANL, on four occasions from 1994 to 1996, and LLNL, on one occasion in 1994, shipped commodities to Russia without obtaining the export licenses required under the Export Administration Regulations. The exports by LANL occurred under the Department of Energy Material Protection, Control and Accounting Program, designed to reduce the threat to U.S. national security posed by unsecured Russian weapons-usable nuclear material. The commodities consisted of devices for measuring nuclear material, a communications router, a 486 computer and a printer. The export by LLNL occurred under a separate lab-to-lab project.”... more»
5. Medicare/Medicaid False Billings
“The University of California agreed to pay the Government $22.5 million to settle allegations that the school's five teaching hospitals routinely submitted false billings to Medicare, Medicaid and other Federally-funded health programs. The alleged false claims included upcoding, as well as billing for services purportedly performed or supervised by faculty physicians - when those services were, in fact, performed by residents with little or no supervision.”... more»
6. Labor Discrimination at Los Alamos Lab (1998)
“The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP)… announced it… reached a $625,000 settlement with the [University of California-operated] Los Alamos National Laboratory (LANL) resulting from an investigation of discrimination against Hispanic workers in a 1995 layoff at the Los Alamos, New Mexico facility...OFCCP made an initial finding that Los Alamos failed to follow its own layoff criteria, which resulted in Hispanic employees being terminated at a statistically significant higher rate.”... more»
7. Labor Discrimination (1997)
The “Justice Department alleged that the University's Art History Department discriminated against [Maribeth] Graybill by denying her tenure based on her gender, in violation of the Civil Rights Act of 1964. It also said the school retaliated against Graybill for opposing the school's employment practices.” "Under the agreement, the Art History Department agrees not to discriminate against any candidate for tenure based on sex. Additionally, the University will pay Graybill $113,098, not retaliate against any person who has opposed practices which that person believes are discriminatory or who assisted in the investigation of the case, and provide information to the Justice Department about its efforts to comply with the agreement."... more»
8. Radiation Protection Deficiencies at Lawrence Livermore Lab (2003)
The Department of Energy issued a Preliminary Notice of Violation (PNOV) to the Lawrence Livermore National Laboratory (LLNL), which is operated by the University of California, for radiation protection deficiencies associated with purification work conducted at the lab in June 2002 that resulted in significant radiological overexposure to one worker. Although LLNL is exempt from civil penalty by statute, the DOE would have issued a civil penalty in the amount of $137,500.... more»
9. Radioactive Material Exposure at Los Alamos Lab (2001)
According to the Department of Energy, “eight workers from [the University of California-operated Los Alamos National Laboratory] were exposed to airborne [radioactive material]; five of the eight were later determined to have suffered detectable intakes of [radioactive material]. Although final dose estimates have not been completed, it is apparent one worker significantly exceeded the Department’s regulatory annual exposure limit and two additional workers may also have exceeded the limit. The TA-18 events included the operation of nuclear facilities outside of the limits and controls established by the facility's safety documents...LANL is exempt from civil penalty by statute; however, because of the collective safety significance of these violations, DOE would have issued a Proposed Imposition of Civil Penalty in the amount of $605,000.”... more»
10. Radiological Protection Program Issues at Los Alamos Lab (2004)
The Department of Energy cited “worker exposure to toxic vapors, and programmatic issues in the radiological protection program at the Los Alamos National Laboratory (LANL) [operated by the University of California]...DOE would have issued a Proposed Imposition of Civil Penalty in the amount of $770,000 in this case; however, this civil penalty is currently waived by statute for LANL.”... more»
11. Radiological Violations at Los Alamos Lab (1999)
The Department of Energy cited University of California-operated Los Alamos National Laboratory for “violations that involve multiple failures to (1) conduct approved work activities in accordance with LANL's established procedures and work controls; (2) adequately monitor for radioactive material; (3) post and control access to radiological areas; and (4) implement effective corrective actions.” “Although LANL is exempt from civil penalty by statute, because of the safety significance of these violations, DOE would have issued a proposed Imposition of Civil Penalty in the amount of $220,000.”... more»
12. Radiological Violations at Los Alamos Lab (1998)
The Department of Energy cited University of California-operated Los Alamos National Laboratory for “(1) not performing work in accordance with your own approved procedures, (2) performing work without the required authorizations, (3) failure to place proper radiological postings and appropriately control access to radiological areas, (4) failure to ensure proper operation of systems to prevent release of contamination from open-front boxes, air hoods and containment boxes, and (5) failure to perform correct unreviewed safety question (USQ) determinations...Although LANL is exempt from civil penalty by statute, because of the safety significance of these violations, DOE would have issued a proposed Imposition of Civil Penalty in the amount of $112,500.”... more»
13. Singleton v. The University of California (Gender Discrimination at Lawrence Livermore Lab)
In December 1998, six female employees at the Lawrence Livermore National Laboratory, which is operated by the University of California, filed a class action lawsuit alleging gender discrimination in pay and promotions. One of the plaintiffs' main contentions was that the lab discriminated against women through a subjective ranking system which allowed gender stereotyping and biases to influence decisions. The plaintiffs also alleged the lab had documented, but failed to correct, discrimination against women for more than a decade. The lawsuit was settled in November 2003 with the regents agreeing to pay over $10.6 million and provide fair pay and promotions for thousands of female employees.... more»
14. Smyth v. Regents of the University of California (Labor Discrimination at Los Alamos Lab)
“A complaint of discriminatory employment practices was filed by Larry D. Smyth on July 9, 1997 against his Employer, The Regents of the University of California, Los Alamos National Laboratory...The Regents agree to pay, and Smyth agrees to accept the sum of two thousand-two hundred dollars ($2,200) in full and complete compensation of any and all claims he may have arising out of the above-captioned complaint... Further, it is understood and agreed to by Smyth that this entire amount of two thousand-two hundred dollars ($2,200) represents payment for alleged personal injuries and is not compensation for work performed."... more»
15. Violations of Toxic Substances Control Act
“This case was initiated after inspections found that two PCB transformers at UCLA and one PCB transformer at UCSD were not registered with the EPA. The federal Toxic Substances Control Act (15 USC §§ 2601 et seq.) requires PCB transformer registration in order to track the use and proper disposal of such equipment. Records are required to document the condition of the equipment and warnings are required to ensure workers and the public are aware that a hazardous substance is present.”... more»
16. Worker Safety Infractions at Lawrence Livermore Lab (1998)
The Department of Energy (DOE) found a series of critical safety infractions occurring between May and December 1997 at the Lawrence Livermore National Laboratory (LLNL), which is operated by the University of California. During that time, radioactive material handlers repeatedly violated safety procedures regarding the moving and storage of radioactive material. LLNL is exempt from civil penalty by statute; however, the DOE would have issued a civil penalty in the amount of $153,750.... more»
17. Nuclear Safety Violations at Los Alamos Lab (2007)
The Department of Energy’s National Nuclear Security Administration notified the University of California of multiple nuclear safety violations that occurred at the Los Alamos National Laboratory in 2005. The Preliminary Notice of Violation (PNOV) cited multiple violations of the department’s nuclear safety regulations regarding operational events and performance deficiencies at the lab. Due to the University of California’s statutory exemption, no civil penalties were issued. However, the DOE would have issued a fine of $1.1 million based on the number and severity of the violations.... more»
18. Mischarging of Labor Hours at LLNL
The University of California agreed to pay almost $3.9 million to settle alleged False Claims Act violations involving charges for labor hours on energy research projects at Lawrence Livermore National Laboratory in the 1990s. The government claimed that managers in the lab's energy research arm had inappropriately charged $2.2 million in overhead expenses to research projects funded by the U.S. Department of Energy. The case began when former lab employee Michelle Doggett told supervisors and university investigators of improper charges being made to energy research accounts. Doggett later sued the University for whistleblower retaliation and reached an out-of-court settlement for nearly $1 million. See related University of California instance, “Retaliation at LLNL (Doggett).”... more»
19. Whistleblower Retaliation at LLNL (Doggett)
Michelle Doggett, a former manager at Lawrence Livermore National Laboratory, settled a whistleblower retaliation lawsuit with the University of California. Doggett claimed she was mistreated for telling supervisors and investigators of improper charges being made to energy research accounts in the 1990s. As part of the settlement, Doggett was paid approximately $33,000 in wages, $264,000 for medical and physical sickness expenses, and unspecified damages in the amount of $264,000. See related University of California instance, “Mischarging of Labor Hours at LLNL.”... more»
20. Walp v. University of California (Wrongful Termination)
The University of California agreed to pay $930,000 to settle the wrongful termination lawsuit of Glenn Walp, the former head of security inquiries at the Los Alamos National Laboratory. Walp claimed he was fired in November 2002 for reporting problems at the lab, including security breaches, theft, mismanagement and fraud.... more»
21. Violations of Classified Information Security Requirements at Los Alamos National Laboratory
The Department of Energy’s National Nuclear Security Administration (NNSA) issued a final notice of violation to the University of California for five violations of the department’s classified information security requirements during the university’s tenure as the management and operating contractor of the Los Alamos National Laboratory (LANL). The findings set forth in the FNOV are based upon investigation of an unauthorized reproduction and removal of classified matter from LANL discovered in October 2006. NNSA assessed a civil penalty of $3,000,000. In December 2007, NNSA agreed to cut the penalty to $2.8 million.... more»
22. Patient Records Privacy Breaches
Lawanda Jackson, a former UCLA Medical Center employee, was indicted on one charge of illegally obtaining individually identifiable health information for commercial advantage following revelations of privacy breaches involving at least 61 patients at the facility. She is accused of receiving at least $4,600 from an unidentified “national media outlet” in exchange for providing the private medical information of celebrity patients. In December 2008, Jackson pleaded guilty to a felony charge of violating federal medical privacy law for commercial purposes.... more»
23. Burch v. Regents of the University of California (Retaliation in Violation of Title IX)
University of California-Davis wrestling coach Michael Burch filed suit against the school in 2003, claiming he was illegally fired in 2001 for speaking up in support of allowing female wrestlers on the team under Title IX of the Education Amendments of 1972. The parties settled in January 2007 for $725,000.... more»
24. LANL Equal Pay Act Class Action
Female and Hispanic employees of the Los Alamos National Laboratory (LANL) filed a class-action lawsuit in New Mexico alleging that the University of California, which operates and manages LANL, discriminated against female and Hispanic employees in terms of pay, promotion, educational opportunities, and other terms and conditions of employment. The lawsuit was eventually settled for $12 million (plus $4.4 million in attorneys’ fees) with no finding or admission of liability.... more»
25. Conney v. University of California (Sexual Harassment and Retaliation)
Dr. Janet Conney, a former assistant clinical professor at the UCLA Neuropsychiatric Institute and Hospital, sued the Regents of the University of California and UCLA for sexual harassment and retaliation for complaining about discriminatory treatment and pay inequity. Conney claimed that beginning in 2001, three of her male colleagues, including one of her supervisors, created a hostile work environment for her that continued until her employment at the UCLA hospital ended in July 2002. In July 2004, a California state jury awarded Conney a total of $2.95 million in damages, finding that UCLA discriminated against Conney on the basis of her sex and retaliated against her after she protested the treatment she received. The judge also awarded $515,450 in attorney's fees. With interest and appellate attorney’s fees, the total award ultimately topped $4 million.... more»
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