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Misconduct Disclosure Requirement (SB791 & AB810)

California has enacted two significant laws aimed at enhancing transparency and accountability in the hiring practices of postsecondary educational institutions: Senate Bill 791 (SB 791) and Assembly Bill 810 (AB 810). These measures are designed to prevent individuals with histories of misconduct—particularly sexual harassment—from moving unnoticed between institutions.
 
Although these laws specifically apply to the California State University (CSU) system and community college districts, the University of California (UC) system is proactively implementing practices aligned with the intent of SB 791 and AB 810 to uphold our shared commitment to fostering safe and respectful campus environments.

 

Senate Bill 791 (SB791): Disclosure of Misconduct

On October 7, 2023, Governor Newsom signed SB 791 into law, requesting the University of California to:

 

  1. Require Applicants to Disclose Misconduct: Final candidates must disclose any final administrative or judicial decisions from the past seven years determining that they committed sexual harassment.

  2. Acknowledge Appeals: Applicants may disclose if they have filed an appeal with their previous employer, an administrative agency, or a court, if applicable.

 

At UC Merced, these requirements will apply to all final candidates for staff positions, including student employees, who accept a conditional offer of employment.

 

Assembly Bill 810 (AB 810): Expanded Hiring Practices

On September 27, 2024, Governor Newsom signed AB 810 into law, expanding SB 791 by introducing additional requirements for specific roles in athletics, including Athletic Head Coach, Athletic Assistant Coach, Athletic Trainer, Supervising Athletic Trainer, and athletic department volunteers:
 
  1. Signed Release Form: Final candidates must sign a release form authorizing the UC location to obtain information from their previous employers about any allegations of misconduct.
  2. Employer Information Requests: UC locations must make reasonable attempts to collect information from previous employers using the signed release form. The collected information is then evaluated to determine the candidate’s suitability for the position.
 
At UC Merced, this process applies to all final candidates for the specified roles and to any finalist who responds affirmatively to the Disclosure of Misconduct requirement under SB 791.
 

What Constitutes Misconduct?

Misconduct means any violation of the policies or laws governing conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies or laws prohibiting sexual harassment, sexual assault, or other forms of harassment, discrimination, dishonesty, or unethical conduct, as defined by the employer.

For reference, below are UC’s policies addressing some forms of misconduct:

  • UC Sexual Violence and Sexual Harassment Policy
  • UC Anti-Discrimination Policy
  • Abusive Conduct in the Workplace
  • Standards of Ethical Conduct

Process Overview

Effective December 1, 2024, all staff job postings (including student employee postings in Handshake) will include disclosure language notifying applicants that finalists accepting a conditional offer of employment will be required to disclose any employment misconduct, consistent with our obligations under SB 791 and AB 810.

 

Step 1: Initiate Employment Misconduct Disclosure (SB 791) and Background Check

Once a verbal or conditional offer is accepted, the recruiter sends the finalist a link to complete the Employment Misconduct Disclosure (EMD) and initiates a criminal background check if required.

 

Positions that require both the EMD (SB 791) and Authorization Form (AB 810):    

  • Athletic Head Coach
  • Athletic Assistant Coach 
  • Athletic Trainer 
  • Supervisoring Athhletic Trainer
  • Athletic department volunteers

Step 2: Candidate Affirms No Misconduct

If the finalist affirms they have not been the subject of misconduct, the hiring process moves forward without contacting past employers regarding misconduct allegations.
 

Step 3: Candidate Affirms Misconduct OR Role Requires Authorization Form (AB810)

If the candidate affirms they have been the subject of misconduct, OR if the role is subject to AB 810 requirements, the recruiter provides the finalist with the Authorization Form, which authorizes UC Merced to contact previous employers about any allegations of misconduct.

 

Step 4: Contact Previous Employers

For roles subject to AB 810, UC Merced must make reasonable efforts to contact previous employers regarding misconduct, regardless of the candidate's response to the SB 791 Disclosure.

 

  • The recruiter uses the signed Authorization Form to contact previous employers.
  • Two attempts are made to gather information, typically allowing 3 business days for response.
  • All attempts to contact previous employers are documented by the recruiter and retained in the recruitment file.
  • If a previous employer cannot be reached or is unresponsive, HR reviews the available information and recommends a final decision.

Student (undergraduate) Employee Positions

Student Employment has updated its processes to align with and comply with SB 791 and AB 810 requirements. Student Employment will initiate and follow up on the completion of SB 791 and AB 810 disclosure forms. However, HR Recruiters will be responsible for directly contacting past employers and overseeing the review of affirmative responses to determine eligibility for employment.

 

Employers

Employers needing verification for hiring purposes can email hr@ucmerced.edu with their request and a signed authorization release.