Ohton

David Ohton, a strength and conditioning coach at San Diego State University (SDSU), a California State University, filed an internal administrative complaint alleging that the head football coach, Tom Craft, and other members of the athletic department retaliated against him in violation of the California Whistleblower Protection Act (CWPA) (Gov. Code, § 8547 et seq.) because he reported to a university auditor information critical of various athletic department personnel and practices. The Board of Trastees of the California State University (CSU) investigated Ohton’s complaint and timely issued a final decision. Ohton subsequently filed a civil action against CSU and six individually named defendants and sought “economic, non-economic damages according to proof,” and “punitive damages as provided by law.”

Defendants moved for summary judgment, arguing Ohton was prohibited from bringing the civil action because (1) CSU timely addressed his complaint under section 8547.12, subdivision (c); (2) Ohton failed to challenge CSU’s decision through a writ of mandate; and (3) he failed to exhaust administrative remedies. The court granted the motion on the sole basis that CSU…