Employment Disclosure Requirement Process
What is This?
Effective January 1, 2025 and pursuant to California legislation (SB 791 and AB 810) the University of California now requires misconduct disclosures, and in some cases outreach to prior employers, when considering candidates for vacant academic appointments, including Teaching Assistant (TA), Reader, and Graduate Student Researcher (GSR) appointments. This legislation and its implementation by the University of California aims to ensure a safe and respectful environment on all UC campuses.
What Do I Need to Know?
To comply with the new legislation, all students being hired into an academic student title, as a condition of employment, will be required to disclose if they are subject to any final administrative or judicial decisions within the last seven years determining that they committed misconduct, are currently being investigated for misconduct, left a position during an investigation for alleged misconduct, or have filed an appeal with a previous employer.
“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.
- UC Sexual Violence and Sexual Harassment Policy
- UC Anti-Discrimination Policy for Employees, Students and Third Parties
- APM - 035: Affirmative Action and Nondiscrimination in Employment
How Does All This Work?
To comply with these laws:
- All candidates for an academic student position will be required to sign an an "Authorization of Release" form that will be included with the conditional employment offer letter. The conditional offer letter will include the following language:
"This offer is contingent upon you clearing an Employment Misconduct Disclosure review where you will be required to disclose any final administrative or judicial decisions within the last seven years determining that you committed any misconduct and provide information related to investigations and appeals."
- After the candidate returns the completed Authorization of Release form, the department will submit the signed document to Academic Affairs along with some basic information (your name, email address, and job title).
- After receiving the survey, Academic Affairs will send a Disclosure Questionnaire Survey to the individual being hired.
- If the candidate responds that they do not have any prior misconduct, Academic Affairs will send the department a clearance to proceed and finalize the hire.
- If the candidate responds that there has been prior misconduct, Academic Affairs will contact the relevant previous employer(s) to seek additional information. Academic Affairs will review any information received and then notify the department if the candidate has either cleared or not cleared.
- A disclosure of prior misconduct does not automatically disqualify a proposed hire. The disclosed information will be reviewed as part of the overall assessment of the proposed hires' suitability for the position.
- Failure to disclose required information can result in disqualification from the appointment or termination of employment if the omission is identified after hiring.
- Academic Affairs is the only office that will review information disclosed on the Disclosure Questionnaire Survey. Responses will not be shared with the department.
The hiring department cannot proceed with any academic hire without receiving this misconduct clearance from Academic Affairs.
- A student moving from one academic student title to another (TA to GSR, for example) within the same department will not require a new employee misconduct disclosure questionnaire as long as there is no break in service.
Where Can I Learn More About This?
The Academic Affairs website has the complete guide to this hiring requirement. If you would like to learn more about Academic Affairs' process, they can be reached at ucddisclosure@ucdavis.edu.