Special Conditions of Employment

Overview

UC Merced is committed to:

  • Providing a safe and secure environment for students, faculty, staff, and visitors;
  • Protecting key university assets, including financial, property, and information;
  • Making prudent employment decisions; and
  • Promoting and supporting ethical conduct and adherence to UC policies, laws, and regulations.

To fulfill these commitments, the university has specific requirements for certain employee positions that must be satisfied in order to obtain or continue employment within that position. These Special Conditions of Employment must be noted in employee position job descriptions and included in job postings. Special Conditions of Employment should be discussed with selected candidates prior to offers of employment.

This guide is designed to assist supervisors and others who develop employee job descriptions with determining which Special Conditions of Employment to indicate in position job descriptions when initiating a new position job description or updating an existing position job description.

Categories of Special Conditions of Employment

Categories of Special Conditions of Employment described in this guide include:

  • CANRA Mandated Reporters
  • Clery Campus Security Authorities
  • Credentials Verification for Clinical Practitioners
  • Criminal History Check
  • Drivers’ License & DMV Employer Pull Notice Program
  • Form 700 Statement of Economic Interests

CANRA Mandated Reporters

What is CANRA and what is a CANRA Mandated Reporter?

The California Child Abuse and Neglect Reporting Act (CANRA) is a law that requires employers to identify Mandated Reporters and secure acknowledgment of their status and reporting obligations as a condition of employment. A CANRA Mandated Reporter is an individual who, because of their functional duties, has an obligation to report observed or suspected child abuse or neglect to designated agencies.

Which employees are CANRA Mandated Reporters?

An employee is a CANRA Mandated Reporter if:

  • their functional job duties bring them into contact with minors on a regular basis, or
  • they supervise staff whose functional job duties bring them into contact with minors on a regular basis

If a position is designated as a CANRA Mandated Reporter, the position job description must include CANRA Mandated Reporter as a Special Condition of Employment.

To determine whether a position is a CANRA Mandated Reporter, please review the Predefined CANRA Mandated Reporters matrix and complete the CANRA Mandated Reporter Identification questions within JDX.  The Compensation Analyst will then document the designation in JDX.  Job postings must include CANRA designation requirement.

Which employees are not CANRA Mandated Reporters?

Employees who have only occasional indirect contact with students are not CANRA Mandated Reporters.

What happens after an employee is designated as a CANRA Mandated Reporter?

Supervisors are expected to notify direct report employees of their designation as a CANRA Mandated Reporter. Employees designated as CANRA Mandated Reporters must complete a Mandated Reporter Acknowledgement Form within 30 days of the designation. Download the Mandated Reporter Acknowledgement Packet and direct the employee to complete the form, retain a copy, and send the original to Human Resources for the employee’s personnel file.

All CANRA Mandated Reporters are required to complete the “CANRA Mandated Reporter” online training within 42 days of assignment in the UC Learning Center. Employees designated as CANRA Mandated Reporters will receive a system-generated notification once the training is assigned and will see the course listed in the Required Training section of the UC Learning Center. Supervisors are expected to monitor the status of training completion in the UC Learning Center via Manager Dashboard to ensure the training is completed.

Where can I find additional information?

Please visit the Protecting Minors on Campus website for additional information and contact information should you need assistance with determining whether an employee’s job description must include CANRA Mandated Reporter as a Special Condition of Employment.

Clery Act Campus Security Authorities

What is the Clery Act and what is a Campus Security Authority (CSA)?

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal law requiring the university to disclose information about Clery Crimes that occur on campus and/or in certain off-campus locations. A Campus Security Authority (CSA) is an individual who because of their functional role at the university has a responsibility to report any Clery Crimes which they have been made aware of or witnessed.

Which employees are CSAs?

The functional duties of a position, rather than the job title, are used to identify CSAs. Employees whose job functions fall into one of the following categories are designated as CSAs:

  • Campus Police Department employees
  • Employees with campus security responsibilities
  • Employees to whom students and employees should report criminal offenses
  • Officials with significant responsibility overseeing or managing student and campus activities

If a position is designated as a CSA, the position job description must include Clery Campus Security Authority as a Special Condition of Employment.

To determine whether a position is a CSA, please complete the Clery CSA Identification Survey and follow the instructions provided at the conclusion of the survey.

Note: Some employees are CSAs based on ancillary duties that are not part of their primary job function. These CSAs will not have the CSA designation on their position job descriptions but are required to complete CSA training and have reporting responsibilities. Examples include:

  • Response Team members (e.g., Behavior Intervention Team (BIT) and Student Response Team (SRT))
  • Advisors to student clubs and groups

Which employees are not CSAs?

The following employees are not CSAs:

  • Student Health Services physicians who only provide care for students
  • Counselors in the following circumstances:
    • Professional Counselors if they are providing care to the campus community and functioning within the scope of their license or certification
    • Unlicensed counselors under the supervision of a licensed professional to gain required supervised clinical experience
  • Employees who do not have significant responsibility for student activities:          
    • Faculty members who do not have responsibility for student and campus activities outside of the classroom
    • Support staff including clerical, facility maintenance, and food service workers

What happens after an employee is designated as a Clery CSA?

Supervisors are expected to notify direct report employees of their designation as a Clery CSA. Employees designated as Clery CSAs will also receive a periodic email from the Clery Coordinator.

All Clery CSAs are required to complete the “Clery Act Training for Campus Security Authorities” online training within 90 days of assignment in the UC Learning Center and every two years thereafter. Employees designated as Clery CSAs will receive a system-generated notification once the training is assigned and will see the course listed in the Required Training section of the UC Learning Center. Supervisors are expected to monitor the status of training completion in the UC Learning Center via Manager Dashboard to ensure the training is completed.

Where can I find additional information?

Please visit the Campus Security Authorities (CSA) page on the Clery website for additional information and contact information should you need assistance with determining whether an employee’s job description must include Clery Campus Security Authority as a Special Condition of Employment.

Credentials Verification: For Clinical Practitioners

What are clinical practitioner credentials verifications?

The university requires that licensed independent practitioners, allied health practitioners, and other health care providers of services to the campus community are appropriately licensed, and/or credentialed and privileged in accordance with the requirements of the university and other regulatory agencies as applicable. Credentials verification is a type of background check that confirms a candidate possesses all professional licenses and credentials as listed on the employment application, resume, cover letter, or other documentation provided by the candidate.

Which employees are required to be credentialed?

All patient care providers with clinical credentials who are candidates to fill vacancies at Student Health Services, Counseling & Psychological Services (CAPS), and Occupational Health have their clinical credentials verified prior to beginning employment.

What happens after an employee is designated for credentialing?

Credentials are renewed periodically as required.

Where can I find additional information?

Staff who develop job descriptions for positions that reside in Student Health Services, Counseling & Psychological Services (CAPS), and Occupational Health should talk with their supervisor for additional information should they need assistance determining whether an employee’s job description must include Credentials Verification: For Clinical Practitioners as a Special Condition of Employment.

Criminal History Check

What is a criminal history background check?

A criminal history background check is a fingerprint check of criminal convictions using the LiveScan system.

Which employees are subject to a background check?

Employees in critical positions are subject to criminal history background checks. Critical positions are those that include:

  • Possession of building master keys for access to residences, offices, or other facilities.
  • Direct responsibility for the care, safety and security of people, including children and minors, or property, including personal and University.
  • Direct access to or responsibility for controlled substances (as defined in BFB-BUS 50); access to certain high risk hazardous chemicals, biological or radioactive/nuclear materials for which background checks are required by federal or state regulations or access to any other hazardous material specifically designated by the UC Executive Director of Environmental Health and Safety.
  • Direct access to and/or responsibility for protected, personal, or other restricted or sensitive institutional information, including information on students, faculty, staff, or other University constituents, and IT resources that process, transmit or store restricted or sensitive institutional information.
  • Responsibility for operating commercial vehicles, machinery or toxic systems that could result in accidental death, injury or health problems.
  • Requirement for a professional license, certificate, or degree, the absence of which would expose the University to legal liability and/or negative public reaction.
  • Direct access to and/or responsibility for information affecting national security.

If a position is subject to a criminal history background check, the position job description must include Criminal History Check: Background Check as a Special Condition of Employment.

To determine whether a position is critical and subject to a criminal history background check, please complete the questionnaire within the job description in JDX. The Compensation Analyst will then document the designation in JDX.  Job postings must include background check requirement.

What happens after an applicant or employee is designated as requiring a criminal history background check?

Prior to being appointed to a critical position, the Business Officer or recruiter registers the prospective employee for LiveScan and Human Resources sends LiveScan instructions to the prospective employee. Once LiveScan clearance is received, Human Resources sends confirmation to the prospective employee, supervisor, and Business Officer. Offer letter shall not be approved until background clears.

Where can I find additional information?

Please visit the How to Background Check Staff page on the Human Resources website for additional information and contact information should you need assistance with determining whether an employee’s job description must include Criminal History Check: Background Check as a Special Condition of Employment.

Drivers’ License SB 1100

What is SB 1100?

Effective January 1, 2025, Senate Bill 1100 (SB 1100), amends the California Fair Employment and Housing Act (FEHA) to address employment and housing discrimination related to driver's licenses.

When is a driver’s license required?

Under SB 1100, it is unlawful for employers to require a driver's license in job advertisements, postings, applications, or related materials unless the following conditions are met: Job Necessity - the employer has a reasonable expectation that driving is an essential function of the position.

To determine whether a driver’s license is an essential function of the position, please complete the questionnaire within the job description in JDX. The Compensation Analyst will then document the designation in JDX.  Job postings must include drivers license requirement.

What happens when a position requires a drivers license?

Prior to being appointed to the position, the business officer or recruiter registers the prospective employee for the DMV pull program. Recruiter confirms valid Drivers license and submits DMV pull request to PD.  Once clearance is received, Human Resources sends confirmation to the prospective employee, supervisor, and Business Officer. Offer letter shall not be approved until background clears.

DMV Employer Pull Notice Program

What is the DMV Employer Pull Notice Program?

The DMV Employer Pull Notice (EPN) Program enables the university to monitor the driving records of employees who drive for the university. The DMV notifies the university when an employee enrolled in the program has an action taken against their driving record (e.g., ticket, accident, or suspension). 

Which employees are required to enroll in the DMV-EPN Program?

An employee is required to enroll in the DMV-EPN Program if they:

  • are hired as occupational drivers,
  • drive a university-owned vehicle, and/or
  • routinely drive for university business.

If a position is designated as requiring enrollment in the DMV-EPN Program, the position job description must include DMV Pull Notice Program as a Special Condition of Employment.

To determine whether a position is required to enroll in the DMV-EPN Program, please complete the DMV-EPN Program Identification Survey and follow the instructions provided at the conclusion of the survey.

Note: Infrequent drivers drive for university business less than 10 hours per month and are required to enroll in the DMV Pull Notice Program but will not have the DMV Pull Notice Program designated on their position job descriptions. One-time drivers are not required to enroll in the ongoing DMV-EPN Program, but must still complete the DMV-EPN Request Form for a one-time review of their driving record.

What happens after an employee is designated for enrollment in the DMV-EPN Program?

Once a supervisor confirms that an employee is required to enroll in the DMV-EPN Program, the employee submits a completed DMV-EPN Request Form. The employee and supervisor are notified via email when the employee is added to the DMV-EPN database. Results are shared with Transportation & Parking Services within 10 working days for California licenses. Out-of-state licenses are subject to that state’s policies and response time.

Where can I find additional information?

Visit the DMV Employer Pull Notice Program page on the Risk Services website for additional information and contact information should you need assistance with determining whether an employee’s job description must include DMV Pull Notice Program as a Special Condition of Employment.

Form 700 Statement of Economic Interests

What is Form 700: Statement of Economic Interests?

The California Political Reform Act requires certain University officials to publicly disclose personal financial interests in order to avoid the appearance of receiving special perks as a result of their status. Officials designated as Form 700 Filers disclose their financial interests on a Statements of Economic Interests (Form 700) form and disqualify themselves from participating in decisions in which they have personal financial interests.

Which employees are required to file a Form 700?

An employee is a Form 700 Filer if they make or participate in University decisions that would substantially affect their own finances. UC has established a list of Designated Positions which are required to file a Form 700 Statement of Economic Interest upon assuming or leaving a Designated Position, as well as once annually while in the Designated Position. At UC Merced, Designated Positions are identified by the Office of Legal Affairs.

If a position is designated as a Form 700 Filer, the position job description should list Form 700: Statement of Economic Interest as a Special Condition of Employment.

How are employees notified of Form 700 Filer designation?

Employees who have been identified as Form 700 Filers will be notified via email of their designation as a Form 700 Filer and will be assigned the “Conflict of Interest for Form 700 Filers” online training module in the UC Learning Center.

Where can I find additional information?

Please visit the Conflict of Interest and the California Political Reform Act page on the Legal Affairs website for additional information and contact information should you need assistance with determining whether an employee’s job description should include Form 700: Statement of Economic Interest as a Special Condition of Employment.

Resources

Visit the following websites for additional information and contact information for Special Conditions of Employment described in this guide: