What Does OAWP Investigate?

Disclosures from any individual alleging:

• VA
  senior leader
  misconduct or poor performance and
• whistleblower retaliation
  by a VA supervisory employee.

What Does OAWP Refer for Investigation?

Disclosures from VA employees and applicants for VA employment alleging:

• A violation of law, rule or regulation;
• Mismanagement;
• Gross waste of funds;
• Abuse of authority; and
• Substantial and specific danger to public health or safety.

OAWP investigates the above disclosures if they involve allegations of whistleblower retaliation or allegations of senior leader misconduct or poor performance. As required by law, other whistleblower disclosures are referred for investigation to another VA office (e.g., VA’s Office of the Medical Inspector (OMI), the Veterans Health Administration (VHA), the Veterans Benefits Administration). When referring a case for investigation, OAWP identifies the allegations to be investigated and the witnesses to be interviewed. After a referral is made, VA offices prepare a report of investigation (ROI). OAWP accepts the ROI if the VA office interviewed the witnesses identified by OAWP and addressed the allegations identified by OAWP.

Examples of matters referred to another VA investigative entity by OAWP:

• Allegations of leave abuse involving a facility human resources officer: referred to the respective administration for investigation.
• Allegations of negligent patient care: referred to VA's Veterans Health Administration for investigation.

What Falls Outside of OAWP’s Scope?

Examples of matters outside of OAWP’s investigative scope:

• Allegations involving crimes (see 38 C.F.R. § 1.204): closed-out by OAWP and transmitted to VA’s Office of Inspector General.
• Allegations involving equal employment opportunity (EEO) discrimination, EEO reprisal, sexual harassment, and hostile work environment (see VA Directive 5977): OAWP notifies the disclosing individual that they may contact VA’s Office of Resolution Management.
• Allegations involving staff from VA’s Office of Inspector General: closed-out by OAWP and transmitted to VA’s Office of Inspector General or the Council of the Inspectors General on Integrity and Efficiency.