§ 92612.2

319 words·~1 min read·/ca/education-code/92612-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The regents are requested, as part of the hiring process for an applicant applying for a position with the University of California, to do both of the following:

(1)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 campus of the University of California concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement.

(2)If an applicant reaches the final stages of the application process for the intended position, require campuses of the University of California to use the release form signed pursuant to paragraph

(1)to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.

(b)It is the intent of the Legislature that the regents apply all provisions of this section to all persons who apply for an academic or athletic position with the University of California.

(c)For purposes of this section, the following definitions shall apply:

(1)“Applicant” means a person who submits an employment application for an intended tenure-track faculty position, tenured faculty position, athletic head coach position, athletic assistant coach position, athletic trainer position, or supervising athletic trainer position, but does not include a person who is a current employee and is hired or rehired for a different position with the same campus.

(2)“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.

(3)“Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.