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Whistle-Blower Returned Records to UCI : Scandal: $495,000 settlement compelled her to do so. She contends she faced retaliation for her disclosures.

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TIMES STAFF WRITERS

A whistle-blower in the UCI fertility clinic scandal agreed as part of a $495,000 settlement to return patient medical charts, financial records, audit reports and other documents she had taken from the university.

The whistle-blower--whose name was blacked out in copies of the settlement obtained by The Times--claimed she had been “retaliated against” for reporting unlawful activity.

The woman also alleged she had suffered harm when the university officials made “misrepresentations” to her about unspecified conditions of her employment, according to the settlement document.

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University spokeswoman Fran Tardiff said Friday that she could not comment on settlements with whistle-blowers because of limitations under state law. She confirmed, however, that settlements had been reached with three individuals for a total of about $900,000.

University Executive Vice Chancellor Sidney H. Golub said Thursday that the settlements were reached with three whistle-blowers for unspecified “personnel” reasons.

The university agreed to pay $450,000 for “alleged emotional and/or personal injury and distress” to the whistle-blower who took medical records. She also was to receive more than $33,000 as the balance of her employment contract, and more than $11,000 for vacation time and guaranteed insurance benefits for 18 months.

A confidentiality clause specified a $100,000 penalty if she revealed any information concerning the agreement. The whistle-blower is limited to saying: “The matter had been resolved in a matter satisfactory to all parties concerned.”

Golub denied allegations Thursday that the confidentiality clause was included to silence people who complained about problems at UCI’s Center for Reproductive Health. He said the clause was intended to protect patient privacy and preserve the integrity of university investigations into the center.

The whistle-blower was specifically prohibited from making “any disparaging statements to any person or entity about the University and/or its officers, faculty members, management and employees.” The university, likewise, agreed not to disparage her.

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In a second settlement agreement obtained by The Times, a whistle-blower paid $98,930 by the university also alleged that she had been retaliated against after reporting alleged wrongdoing.

As part of the settlement, the second whistle-blower also was required to return unspecified documents taken from the university and was prohibited from discussing matters concerning the fertility center.

The university also agreed to pay about $300,000 to a third whistle-blower.

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