Overview
Two state bills went into effect in 2025 requiring final job candidates to disclose details of previous misconduct.
About Misconduct Disclosure Questionnaires and Release Forms (SB 791 and AB 810)
Senate Bill 791 and Assembly Bill 810 are state bills that went into effect. Jan. 1, 2025 requiring final job candidates to disclose specific information as part of the job application process.
- Senate Bill 791 (SB 791) is a California law that requires finalist candidates for academic or administrative positions at California State University (CSU), the University of California (UC), and community college districts to disclose any final administrative or judicial decisions that determine sexual harassment occurred within the last seven years. It permits applicants to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.
- Assembly Bill 810 (AB 810) expands the definition of misconduct to include all incidents (e.g. harassment, discrimination, unethical behavior, etc.), whereas SB 791 only included sexual harassment/sexual violence. This bill also requires a waiver from all final applicants, so that UC can make reasonable attempts to follow up with the previous institution where any reported incidents occurred. AB 810 includes special impacts for academic populations, applicable to specific leadership positions.
The requirements of SB 791 will apply to all final candidates selected for staff or student positions who accept a conditional offer of employment, including internal UCSF candidates and employees transferring from another UC campus. Candidates will be required to complete a disclosure form providing details of any misconduct in the past seven years, and sign a release form that authorizes the release of information by the candidate’s previous employer(s) where the misconduct occurred.
The requirements of AB 810 have more specific requirements for Academic tenure-track and tenure positions. For further information regarding the Academic process, refer to the Office of Faculty and Academic Affairs FAQs.
Requiring this misconduct disclosure ensures a safe and respectful environment for all staff, students, faculty, and other academic appointees. It helps the institution identify individuals with a history of sexual harassment or other misconduct, thereby protecting the University and community, as well as maintaining a professional and safe environment for working and learning.
Frequently Asked Questions
Proposed hires must disclose any violation of the policies or laws governing conduct at a candidate’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 previous employer. This includes decisions from educational institutions, employers, courts, or other relevant bodies.
Only decisions issued within the last seven years from the date of application submission need to be disclosed.
Failure to disclose required information can result in disqualification from the hiring process, or termination of employment if the omission is discovered after hiring. It is crucial for maintaining integrity and trust in the hiring process.
For those newly hired at UCSF, this will happen as part of the background check process. If you are transferring within UCSF (intra-campus), you will only receive a misconduct questionnaire.
The disclosed information will be reviewed as part of the overall assessment of the final candidate’s suitability for the position. It will be handled with confidentiality and used solely for the purpose of evaluating the final candidate's qualifications.
UCSF Human Resources will review responses from a final candidate’s misconduct disclosure questionnaire and any information obtained from previous employers. Consultation with other offices (i.e., the Title IX Office, Labor and Employee Relations, Office of the Prevention of Harassment and Discrimination, Office of Legal Affairs, etc.) may be involved in final determination of hiring eligibility.
Not necessarily. The disclosed information will be reviewed as part of the overall assessment of the final candidate's suitability for the position.
By enforcing this requirement, the University of California demonstrates its commitment to fostering a safe, respectful, and inclusive environment for everyone.