§ 66281.9. — 66281.9. (Added by Stats. 2024, Ch. 673, Sec. 2.)

California § 66281.9.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 5.
• Title 3.: DIVISION 5. GENERAL PROVISIONS
• Part 40.: PART 40. DONAHOE HIGHER EDUCATION ACT
• Ch. 4.5.: CHAPTER 4.5. Equity in Higher Education Act
• Art. 4.: ARTICLE 4. Sex Equity in Education

Text

(a)
The governing board or body of an independent institution of higher education that receives state financial assistance is requested, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that independent institution of higher education, to do all of the following:
(1)
(A)
Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment.
(B)
Permit applicants
to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education.
(2)
Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the independent institution of higher education concerning any substantiated allegations of misconduct in order to permit the institution to evaluate the released information with respect to the criteria for a potential job placement.
(3)
If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the independent institution of higher education to use
the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
(b)
Independent institutions of higher education that receive state financial assistance are requested to not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the institution has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.
(c)
For purposes of this section, the following definitions shall apply:
(1)
“Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer.
(2)
“Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3)
“Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(4)
“Misconduct” means any violation of the policies
governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.
(5)
“Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in
Section 106.30 of Title 34 of the Code of Federal Regulations.
(6)
“Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.

Legislative History

Added by Stats. 2024, Ch. 673, Sec. 2. (AB 810) Effective January 1, 2025.