§ 92612.1. — 92612.1. (Amended (as added by Stats. 2023, Ch. 415, Sec. 3) by Stats. 2024, Ch. 673, Sec. 6.)

California § 92612.1.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 9.
• Title 3.: DIVISION 9. UNIVERSITY OF CALIFORNIA
• Part 57.: PART 57. UNIVERSITY OF CALIFORNIA
• Ch. 6.: CHAPTER 6. Miscellaneous Provisions
• Art. 2.: ARTICLE 2. Employees

Text

(a)
The regents are requested, as part of the hiring process for an applicant applying for an academic, athletic, or administrative position with the University of California, to do both of the following:
(1)
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 misconduct, including sexual harassment.
(2)
Permit applicants to disclose if they have filed an appeal with the previous
employer, administrative agency, or court, if applicable.
(b)
The University of California is 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 University of California 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)
“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 a hearing, if a hearing is either required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) or federal regulations implementing those provisions, or is required by the public postsecondary educational institution’s written policy on sex discrimination, including sexual harassment, and related grievance processes. If a party has filed a timely grievance or appeal, “final administrative decision” means after the grievance or appeal decision has been issued.
(2)
“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.
(3)
“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.
(4)
“Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined by the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).

Legislative History

Amended (as added by Stats. 2023, Ch. 415, Sec. 3) by Stats. 2024, Ch. 673, Sec. 6. (AB 810) Effective January 1, 2025.