Starting January 1, 2025, all final candidates extended offers of employment must complete an Employment Misconduct Disclosure

Signed into law in fall 2024, Senate Bill (SB) 791 requires all University of California locations to ask the following of all final candidates for staff positions, including student employees, who accept a conditional offer of employment:

1. Require applicants to disclose any final administrative or judicial decisions issued within the last seven years from the date of submission of an employment application determining that the applicant committed sexual harassment. 
2. Permit applicants to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.

Assembly Bill (AB) 810 was also signed into law in fall 2024 and expands SB 791 with the following requirements for specific positions including Athletic Head Coach, Athletic Assistant Coach, Athletic Trainer, or Supervising Athletic Trainer positions, and volunteers in an athletic department: 

1. Require the final candidate to sign a release form that authorizes the release of information by the applicant’s previous employers to UC Davis concerning any allegations of misconduct, as defined in the statute. 
2. Make a reasonable attempt, using the signed release form, to obtain information from the previous employer concerning any allegations of misconduct. This authorization will permit UC Davis to request the release of information, which will then be evaluated to determine the candidate’s ability to perform the job duties of the position. 

To ensure compliance with the above legislation, the required disclosure form and authorization of information release are completed electronically using Universal Background Screening. Samples of the forms completed in Universal are provided below:

• Employment Misconduct Disclosure - SAMPLE
• Authorization of Information Release - SAMPLE

For additional information, review the Frequently Asked Questions below.

• What is SB 791 and who does it apply to?

• Senate Bill (SB) 791 requires the final candidate who accepts a conditional offer of employment to disclose any final administrative or judicial decisions issued within the last seven years from the date of submission of an employment application determining that the applicant committed sexual harassment. It permits applicants to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.

  This requirement applies to final candidates who accept a conditional offer of employment into SMG, MSP, PSS, represented and non-represented staff positions, student employee positions, and volunteers in an athletic department.

  If you have questions related to faculty and academic appointees, please contact Academic Affairs for guidance.

• What is AB 810 and who does it apply to?

• Assembly Bill (AB) 810 expands SB 791 with the following requirements for Athletic Head Coach, Athletic Assistant Coach, Athletic Trainer, or Supervising Athletic Trainer positions, and volunteers in an athletic department. It also applies to tenure-track/tenured faculty appointments.

  It requires the final candidate who accepts a conditional offer of employment to sign a release form that authorizes the release of information by the applicant’s previous employers to the UC location concerning any allegations of misconduct, as defined in the statute. The University shall make a reasonable attempt, using the signed release form, to obtain information from the previous employer concerning any allegations of misconduct. This authorization permits the UC location to request the release of information, which will then be evaluated to determine the candidate’s ability to perform the job duties of the position.

• How is employment misconduct defined?

• “Misconduct” means any violation of the policies or laws governing conduct at the applicant’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 employer.  For reference, below are UC’s policies addressing some forms of misconduct:

  UC Sexual Violence and Sexual Harassment Policy
  UC Anti-Discrimination Policy
  Abusive Conduct in the Workplace

• How is the employment misconduct disclosure completed?
• The employment misconduct disclosure questionnaire is part of the post-offer, pre-employment background check activities. UC Davis uses Universal Background Screening to invite the final candidate to complete a misconduct questionnaire and, if needed, complete a release of information to seek additional information from prior employers.

  
  Final candidates must sign a release form if either of the following applies:

  - They disclose any final administrative or judicial decision(s) determining that they committed misconduct; received notice of any allegations or are currently the subject of any administrative or disciplinary proceedings involving misconduct; have left a position after receiving notice of allegations or while under investigation in an administrative or disciplinary proceeding involving misconduct; or have filed an appeal of a finding of misconduct with a previous employer.  Locations may use the signed release form, if needed, to obtain information from previous employers.

  - They accept a conditional offer of employment for Athletic Head Coach, Athletic Assistant Coach, Athletic Trainer, Supervising Athletic Trainer staff positions, or as a Volunteer in an athletic department.

• How is the employment misconduct disclosure reviewed?

• Using the signed release of information, UC Davis makes a reasonable attempt to obtain information from the previous employer. UC Davis Central Human Resources reviews and accesses all disclosed and obtained information to make a preliminary decision as to whether the candidate is eligible to hold the position considering (but not limited to) the following relevant factors:

  - The nature and severity of the conduct at issue, including if the same conduct at issue would have occurred in the UC community, would it have violated UC policy (if it can be determined);

  - When and under what circumstances the conduct at issue occurred;

  - Whether the conduct at issue involved an abuse of power or authority, such as involvement of subordinate employees, students, or minors;

  - The nature of the position for which the candidate is being considered;

  - The candidate’s subsequent conduct and work history;

  - Evidence of rehabilitation; and

  - If criminal history information is disclosed, information needs to be evaluated using the PPSM-21: Selection and Appointment process, which contains legally required steps.

  Central Human Resources elevates the preliminary decision for committee review in consultation with the Office of Compliance (including Title IX, Affirmative Action/Equal Employment Opportunity offices), Campus Counsel, and Employee and Labor Relations. The process may include (but is not limited to):

  - Requesting more information from the final candidate related to their disclosure response;

  - Using the final candidate’s completed Authorization Release Information Form to reasonable attempt to obtain information from other employers related to the misconduct disclosed by the final candidate; and

  - Following any UC Davis local procedures.

  This review results in a final decision as to whether the candidate is eligible to hold the position. If the candidate is determined to be eligible for the position, the hiring process may proceed. However, if the candidate is found ineligible, the hiring process cannot proceed and will follow standard procedure to withdraw the offer of employment.

• What is a “reasonable attempt” to obtain information from previous employers?

• Using the signed Authorization of Information Release Form, UC Davis is required to make a reasonable attempt to obtain information from previous employers concerning any allegations of misconduct for final candidates. 

  While each situation is unique, a reasonable attempt to obtain information would generally involve making efforts to contact the employer for one to two weeks (five to 10 business days). 

  UC Davis will document all reasonable attempts to contact the prior employer.