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Employment Misconduct Disclosure, SB 791 / AB 810

    1. Summary

      The following relates to SB 791 and AB 810 and the Employment Misconduct Disclosure (EMD) process at UC Santa Cruz.

      California Senate Bill (SB) 791 and Assembly Bill (AB) 810 require disclosure and assessment of any final administrative or judicial decisions issued within the past seven (7) years from the date of submission of an employment application determining that the applicant committed misconduct, as described in the statutes. For the purpose of this process, “Misconduct” means any violation of the policies or laws governing conduct at the 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 past employer.

      The process includes authorization permitting UC Santa Cruz to request the release of information which will be evaluated to determine the candidate’s final eligibility for hire into the staff position. Selected candidates are permitted to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.

      In support of the University’s commitment to maintaining, building, and supporting an inclusive, healthy, and safe working environment, when filling staff positions, UC Santa Cruz will comply with these laws in the follow ways:

      The requirements of SB 791 will apply to all candidates selected for staff positions who accept a conditional offer of employment. Selected candidates will be required to complete a disclosure form providing details of any misconduct in the past seven (7) years, and sign a release form that authorizes the release of information by the candidate’s previous employers.

      The requirements of AB 810 will apply to all candidates selected for Athletic Head Coach, Athletic Assistant Coach, Athletic Trainer, or Supervising Athletic Trainer positions, and volunteers in an athletic department. Selected candidates in the above positions must sign a release form that authorizes the release of information by the candidate’s previous employers concerning any allegations of misconduct, as defined in the statutes.

      For questions about the Employment Misconduct Disclosure (EMD) requirements or the EMD process for staff positions, please contact hiring@ucsc.edu.

    2. Related Policies, Contract Articles and References

      1. Personnel Policies for Staff Members (PPSM) - Employees not covered by a collective bargaining agreement

    3. Process Overview - Staff Positions

      1. Initiation of the Employment Misconduct Disclosure (EMD) process:

        1. The Talent Acquisition Consultant (TAC) will initiate the Employment Misconduct Disclosure (EMD) process for all selected candidates who accept a conditional offer of employment for a staff position. A packet including the disclosure questionnaire and a release form will be sent to the selected candidate via a DocuSign packet.

          1. Per AB 810, candidates accepting conditional offers for the following athletics positions will also complete a list of past employers for the last seven (7) years: Athletic Head Coach, Athletic Assistant Coach, Athletic Trainer, Supervising Athletic Trainer

        2. Candidates must complete the form(s) in the packet and return them via DocuSign as indicated in the packet (72 hours).

          1. If the candidate’s response is that no misconduct has taken place, the TAC will receive instruction to proceed with the hiring process.

          2. If the candidate’s response discloses employment misconduct occurring in the past seven (7) years, the misconduct assessment process begins.

      2. Assessment of Misconduct - Staff Positions

        SHR Assessment team (A-Team) will review misconduct information to determine eligibility for hire. Misconduct information is considered potentially disqualifying information (PDI) and may disqualify the selected candidate from employment.

        1. PDI will be formally assessed by the UCSC Assessment Team (A-Team) per specific guidelines covered under the PDI process review sections of PPSM-21 policy. The A-team may consult with any or all of the following local offices to reach a final eligibility decision.

          1. Campus Counsel
          2. Title IX
          3. AA/EEO office
          4. SHR Employee and Labor Relations

        2. Processing of potentially disqualifying information (PDI):

          1. If the A-Team determines that the past misconduct does disqualify the selected candidate from employment they will receive a letter that indicates they have 3 days to respond with supplementary documentation or information they wish to be considered in the final decision.
            1. If no supplementary information is provided:
              1. If the selected candidate does not respond, the conditional job offer will be rescinded due to not meeting the EMD condition of employment.
                1. The candidate will receive a final letter informing them of their status and that they have not met the conditions of employment.
                2. The TAC and the hiring unit will discuss either moving forward with the next selected candidate, how to re-advertise the recruitment and gather more applications, or how to repost the job.
            2. If supplementary information is provided:
              1. It will be assessed before making a final hiring decision.
                1. If the supplementary documentation leads to a determination by the A-Team that they are eligible for hire into the staff position, the TAC will receive instruction to proceed with the hiring process.
                2. If the supplementary documentation is not sufficient to determine they are eligible, the candidate will receive a final letter informing them of their final status.

    4. Process Overview - Volunteer Positions

      1. Initiation of the AB 810 Employment Misconduct Disclosure (EMD) process for Volunteers
        Under AB 810, individuals selected to volunteer within the UCSC Athletics and Recreation department are subject to a misconduct check with past employers for the last seven (7) years.
        1. The Athletics and Recreation Volunteer Coordinator(s) will work with the Talent Acquisition team to initiate the Employment Misconduct Disclosure (EMD) process for all volunteers selected to provide service within the UCSC Athletics and Recreation department. A past employer contact form and a release form will be sent to the volunteer via a DocuSign packet.
        2. Volunteers must complete both forms and return them via DocuSign as indicated in the packet (3 days).
          1. If the past employer check indicates that no misconduct has taken place in the last seven (7) years, the Athletics and Recreation department Volunteer Coordinator(s) will receive instruction that the volunteer is eligible to provide service to the department.
          2. If past employers disclose that employment misconduct occurred in the past seven (7) years, the misconduct assessment process begins.
      2. Assessment of Misconduct: Volunteers
        Misconduct information provided by past employers is considered PDI and may disqualify the volunteer from volunteering. PDI will be formally assessed by the UCSC Assessment Team (A-Team) per specific guidelines covered under the PDI process review sections of PPSM-21 policy.
        1. Campus Counsel
        2. Title IX
        3. AA/EEO office
      3. Assessment of Misconduct: Disqualification
        If the A-Team determines that the past misconduct does disqualify the volunteer from volunteering they will receive a letter that indicates they have 3 business days to respond with supplementary documentation or information they wish to be considered in making a final decision.
        1. If no supplementary information is provided:
          1. If the volunteer does not respond, they will be eligible to volunteer.
            1. The volunteer will receive a final letter informing them that they have been disqualified from volunteering.
        2. If supplementary information is provided:
          1. It will be assessed before making a final decision.
            1. If the A-Team determines that they are eligible to volunteer, the Volunteer Coordinator will receive instruction to proceed with the volunteer.
            2. If the A-Team determines that they are not eligible to volunteer, the volunteer will receive a final letter informing them that they have been disqualified from volunteering.

    5. Forms/Resources