Employment Misconduct Disclosure FAQs

General Questions

What is SB 791?

SB 791 is a California law signed by Governor Newsom on October 7, 2023. It requires employment applicants to disclose any final administrative or judicial decisions issued within the last seven years determining that they committed sexual harassment. Applicants can also disclose if they have filed an appeal related to such decisions. 

What is AB 810?

AB 810, signed into law on September 27, 2024, builds on SB 791 by adding specific requirements for positions within athletic departments and for tenure-track/tenured faculty appointments.

SB 791-Specific Questions

Who does SB 791 apply to?

The University will apply SB 791 requirements to all final candidates for staff positions, including student employees, who accept a conditional offer of employment.

Does SB 791 apply to all job types?

Yes, the University will apply the requirements of SB 791 to all final candidates for staff positions, including student employees. 

What does "misconduct" mean under SB 791?

The statute defines "misconduct" as outlined in the law. Specific examples include allegations related to inappropriate behavior or actions that would impact the candidate’s suitability for the position.

What do I Disclose? 

Only disclose if there was a final judgement within the last 7 years. Do not disclose accusations or complaints which did not result in an investigation. If you/the candidate resigned and thus the misconduct process was not completed, you should disclose. ie. If you resigned before there was a final judgement or judicial decision you should disclose, also if you have appealed a final decision that you did commit misconduct, you can make that known in the form that is sent out. 

What if I have had misconduct in my past?

You should report misconduct from the last 7 years. Disclosing a past ruling of misconduct does not automatically mean you cannot be hired. All misconduct you report will be reviewed for severity. 

What types of decisions need to be disclosed under SB 791?

Applicants must disclose any final administrative or judicial decisions issued in the past seven years that determined they committed sexual harassment.

What if I’m a rehire to UCSC and my past misconduct was already reviewed and I was hired at UCSC in the past. Do I disclose again for the same misconduct issue for my new appointment? 

Fill the disclosure form but make a note that this was checked for my last job, XX, around date XX. 

What if I am appealing a decision related to misconduct or sexual harassment? 

Applicants may disclose if they have filed an appeal with the previous employer, an administrative agency, or a court.

AB 810-Specific Questions

What additional requirements does AB 810 introduce?

AB 810 requires final candidates for certain athletic positions to:

• Sign a release form authorizing their previous employers to share information about allegations of misconduct.
• Allow the University to make a reasonable attempt to obtain information from prior employers regarding these allegations.

 

Which positions are affected by AB 810?

AB 810 applies to:

• Athletic Head Coaches
• Athletic Assistant Coaches
• Athletic Trainers
• Supervising Athletic Trainers
• Volunteers in athletic departments
• Tenure-track/tenured faculty appointments

What is the purpose of the signed release form?

The signed release form allows the University to request information from the candidate's previous employers about misconduct committed in the past. This information is evaluated to determine the candidate’s eligibility for hire. 

What does "misconduct" mean under AB 810?

The statute defines "misconduct" as outlined in the law. Specific examples include allegations related to inappropriate behavior or actions that would impact the candidate’s suitability for the position. 

Implementation Questions

When do these requirements take effect?

SB 791 requirements apply to all final candidates for staff positions who accept a conditional offer of employment after January 1, 2025.

AB 810 requirements apply to final candidates for specific athletic roles and tenure-track/tenured faculty positions after January 1, 2025.

How will these laws impact the hiring process?

Both SB 791 and AB 810 introduce additional disclosure and verification steps in the hiring process, particularly during the conditional offer stage.

What happens if a candidate decides not to comply with SB 791 or AB 810 requirements?

Candidates who do not provide the required disclosures or don’t sign the release form under AB 810 will be deemed ineligible for the position. 

Who can I contact with questions about these laws?

For more information, contact hiring@ucsc.edu. 

What if the employee misconduct check is taking a long time? As the selected candidate, how do I get a status update?

Once the Employee Misconduct Check process and background check are both complete, your TAC will be notified and will reach out to you to finalize the hire. 

 

If my hire is already an employee at UCSC, are they required to get the Employee Misconduct check? 

YES