Misconduct Disclosure Requirements for Proposed Hires
Two bills, California Senate Bill 791 and Assembly Bill 810, were signed into California state law that add and amend sections 92612.1 and 92612.2 of the California Education Code. All academic recruitments opened on January 1, 2025, and thereafter, are subject to the misconduct disclosure requirements as a condition of employment, and are required to authorize release and prior employer follow-up where applicable.
Background
California Education Code Sections 92612.1 and 92612.2 include the following requirements:
- Require applicants who are identified as a finalist to disclose any final administrative or judicial decisions issued within the last seven years from the date of submission of an employment application determining that the applicant committed misconduct, including sexual harassment.
- Permit finalists to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.
The University intends to apply the requirements of SB 791 to all employees and volunteers during the hiring process.
Assembly Bill (AB) 810 expands SB 791 with the following requirements for applicants to tenure-track/tenured appointments:
- In the event the applicant reaches the final stages of the application process, the applicant will be required to sign a release form that authorizes the release of information by the applicant’s previous employers to the UC location concerning any substantiated allegations of misconduct. This authorization will permit the UC location to evaluate the released information with respect to the criteria for a potential appointment.
- UC will use the signed release form to make a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
The University intends to apply the process outlined in AB 810 to the following appointments: Tenure-track/tenure faculty (Professor series) and potential security of employment/security of employment faculty (Teaching Professor series).
University Response and Implementation
In response to SB 791 and AB 810, the University implemented the following actions:
- Disclosure requirement: Require all proposed hires to disclose any final administrative or judicial decisions issued within the last seven years from the date of submission of an employment application determining that the proposed hire committed misconduct, including sexual harassment.
- Proposed hires will also be permitted to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.
- Authorization of Information Release Form: Require all proposed hires in the Professor series or Teaching Professor series to sign a release form that authorizes the release of information by the proposed hire’s previous employers to the UC location concerning any substantiated allegations of misconduct. The release form is required for all employees in order for the UC location to follow-up with a prior employer.
- Obtaining information from previous employers: Require all locations to use the signed release form to make a reasonable attempt to obtain information from the previous employer(s) concerning any substantiated allegations of misconduct for final candidates (proposed hires) in the Professor series or Teaching Professor series, regardless of the proposed hire’s responses in the misconduct disclosure form.
For more information, see Frequently Asked Questions.