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AB 1905: Letters of Recommendation Policy for Staff Employees Interim Guidance

Background

A new bill, AB 1905, was signed into California state law, adding Section 66284 to the California Education Code. Effective January 1, 2025, this law requires the University to adopt a written policy regarding Official Letters of Recommendation, among other requirements, as a condition of receiving state funding.
 

Guidance for Academic Employees

While this webpage provides guidance for staff and student employees, academic employees are also subject to AB 1905. However, their guidance is managed by the Academic Personnel Office (APO). For information on how AB 1905 applies to academic employees, please visit the Letters of Recommendation Policy on APO’s website.

 

AB 1905 Requirements

Under AB 1905, public postsecondary institutions must adopt a policy that:
  • Requires administrators and supervisors who choose to provide an Official Letter of Recommendation for an employee (including student employees) to first consult with the appropriate entities to determine if the employee is a respondent in a sexual harassment complaint filed with the University. 
  • Prohibits administrators and supervisors from providing an Official Letter of Recommendation if the employee is a respondent in a sexual harassment complaint and any of the following applies:
    • A final administrative decision (sustained finding) determined that the employee committed sexual harassment.
    • The employee resigned while an investigation was pending and before a final administrative decision.
    • The employee entered into a settlement with the University based on allegations from a sexual harassment complaint.

 

Interim Guidance

Distinction Between Official and Personal Letters
Administrators and supervisors may continue to provide personal references or letters of recommendation without consulting Office for the Prevention of Harassment & Discrimination (OHPD), provided they do not constitute an Official Letter of Recommendation.

An Official Letter of Recommendation is any letter written in an official capacity that represents the University’s (vs. an individual's) endorsement of an employee's work performance. Personal references or letters, even when written by individual administrators or supervisors, can be mistaken for official endorsements due to their positions.

To clarify this distinction:
  • Personal letters should not be issued on a University letterhead.
  • Personal email addresses should be used whenever possible.
  • If a university email address is used, the letter must explicitly state that it is a personal reference and does not represent the University’s views.

 

Required Disclaimer for Personal Letters Sent from University Email Accounts:
 
"The following recommendation represents my personal perspective working with [name] and does not reflect the viewpoints of UC Merced or the University of California system."

 

Process for Official Letters of Recommendation

If an administrator or supervisor wishes to provide an Official Letter of Recommendation for employment purposes, they must consult with the Office for the Prevention of Harassment and Discrimination (OPHD) before issuing the letter.

 

OPHD has developed the UC Merced AB 1905 Approval Form to confirm the request is for an Official Letter of Recommendation. The form includes a waiver signed by the requestor, acknowledging:
 
  1. They have asked an administrator or supervisor to write the letter.
  2. They authorize OPHD to share relevant information.

 

Once OPHD receives the signed waiver, it will conduct a records search and provide a response to the administrator or supervisor.

Next Steps

Systemwide Human Resources is preparing revisions to the Personnel Policies for Staff Members (PPSM) to formally incorporate this interim guidance into University policy. These revisions are expected to be finalized in early 2025. Further updates will be communicated as they become available.