Employment Disclosure FAQs

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The below frequently asked questions (FAQs) aim to address common questions and concerns related to the misconduct disclosure requirement and institutional reference check under California SB 791 and AB 810, emphasizing the importance of maintaining a safe and professional environment at the University of California and were updated as of 2/12/2025.

  • 1.  What is California SB 791 and AB 810?     
  • 1.  California SB 791 is a legislative bill that mandates applicants for academic or administrative positions to disclose any final administrative or judicial decisions issued within the last seven years determining that they committed sexual harassment. California AB 810 is a legislative bill that mandates applicants for tenure-track and tenure positions 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 UC location concerning any substantiated allegations of misconduct in order to permit the UC location to evaluate the released information with respect to the criteria for a potential job placement. The bill further requires the UC to use the signed release form to make a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
  • 2.  How do these new laws impact the UC?

  • 2.  In response, the University will implement these bills by:

    Requiring all proposed hires 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 proposed hire committed misconduct, including sexual harassment (through the Employment Misconduct Disclosure Questionnaire and the Authorization to Release Information form).

    • Proposed hires will also be permitted to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.


    Requiring all proposed hires in the Professor series or Professor of Teaching series to sign a release form (Authorization to Release Information) that authorizes the release of information by the proposed hire’s previous employers to the UC location concerning any allegations of misconduct in order to permit the UC location to evaluate the released information with respect to the criteria for a potential job placement. The release form is required for all employees if the UC location wishes to follow-up with a prior employer.

    Requiring all locations to use the signed release form (Authorization to Release Information) to make a reasonable attempt to obtain information from the previous employer concerning any allegations of misconduct for all proposed hires in the Professor series or Professor of Teaching series regardless of the proposed hire’s responses in the misconduct disclosure questionnaire.

  • 3.  When is this effective?

  • 3.  The University of California is implementing SB 791 and AB 810 effective January 1, 2025. This means all academic recruitments opened on January 1, 2025, and thereafter, are subject to the misconduct disclosure requirements, and authorization release and prior employer follow-up where applicable.  The standards of misconduct disclosure requirements will not be applied to recruitments that opened prior to January 1, 2025 at UC Davis. Locations had the discretion to determine whether to apply the standards of misconduct disclosure requirements to recruitments that opened prior to January 1, 2025. These updated interim guidelines apply to new recruitments posted after April 18, 2025; however, locations have the discretion to determine whether to apply the updated guidelines to open recruitments.

    Not all academic recruitments are processed within UC Recruit, such as search waivers and exemptions (e.g., volunteers). In those situations, effective January 1, 2025, all proposed hires are subject to the misconduct disclosure requirements, and authorization release and prior employer follow-up where applicable.

  • 4.  Why do we require the Employment Misconduct Disclosure Questionnaire  from all proposed hires?
  • 4.  Requiring the Employment Misconduct Disclosure Questionnaire  ensures a safe and respectful environment for all students, faculty, other academic appointees, and staff. It helps the institution identify individuals with a history of sexual harassment, thereby protecting the community and maintaining a professional and safe working and learning environment.
  • 5.  Who needs to comply with this requirement?
  • 5.  Proposed hires for academic or administrative positions at the University of California must comply with this requirement. This includes positions at all levels, ranks, and steps for all academic series appointees. At a minimum, the proposed hire will be required to submit the Employment Misconduct Disclosure Questionnaire . For some recruitments, this may be required earlier in the recruitment process (e.g., shortlist or interview stages).
  • 5a.  Does this include volunteers and Contingent Workers (CWRs)?
  • 5a.  Yes, the Employment Misconduct Disclosure Questionnaire  is required as part of onboarding volunteers and contingent workers.
  • 5b.  Does this include reappointment in the same title series?  
  • 5b.  No, the academic appointee is not required to complete the Employment Misconduct Disclosure Questionnaire at the time of reappointment in the same academic series. This may also apply to some appointment via change in title actions. Please consult with Academic Affairs to confirm by emailing ucddisclosure@ucdavis.edu.
  • 5c.  Does an academic appointee who has a break in service need to complete a new Employee Misconduct Questionnaire?

  • 5c.  A new Employment Disclosure Questionnaire is not required for academic appointees that have a break in service if ALL of the following are true: 
         - they have cleared the employment disclosure process within the last 12 months,
         - they are returning to the same academic series*, and
         - they are returning to the same department/school/college**.

    If any of these statements are false, a new Employment Disclosure Questionnaire will be required for their upcoming employment term. 

    *For these purposes, Graduate Student Researchers (GSRs), Teaching Assistants (TAs), Readers, Associate Instructors (AIs), and Tutors are considered the same academic series. 

    **To learn if a candidate has previously been cleared, please confirm with your Dean's office, Academic Personnel colleagues.

  • 5d.  Does this include a change of series from one academic series to another at the same UC campus (i.e., postdoctoral scholar to assistant specialist)?
  • 5d.  Yes, if the academic appointee was not previously required to complete the Employment Misconduct Disclosure Questionnaire at the time of appointment in their previous academic series. However, shifts between the academic student title (TA, GSR, AI, Reader, Tutor) appointments within the same college/school, do not require a new Employment Misconduct Disclosure Questionnaire.
  • 5e.  Does this include moving from a WOS position to a paid position in the same series, for example, from an Adjunct WOS to a paid Adjunct?
  • 5e.  Yes, if the academic appointee in the WOS position was not previously required to complete the Employment Misconduct Disclosure Questionnaire at the time of appointment in the WOS title.
  • 5f.  Does this include employees who are transferring from a different UC campus?
  • 5f.  Yes.
  • 5g.  Does this include FTE transfers within a UC campus? Can the UC require misconduct disclosure from a current UC employee as part of the new normal hiring process?
  • 5g.  While not required by law, it is recommended that each hiring unit (department) exercise their due diligence when hiring from even within the same campus. Hiring units (departments) can require the Employment Misconduct Disclosure Questionnaire from all proposed hires even if the proposed hire is a current UC employee. Please consult with Academic Affairs via email at ucddisclosure@ucdavis.edu.

    Some examples could include:
         - An academic who is receiving a Joint/Joint (WOS) appointment in a different department.
         - An MSP employee who is additionally being appointed to a volunteer academic title.
  • 5h.  Does this include a current academic who is taking on a leadership (administrative) role or a current academic nominated to an Internal Endowed appointment?
  • 5h.  The Employment Misconduct Disclosure Questionnaire is not required for current academics taking on a leadership (administrative) role or current academics nominated to an internal Endowed appointment.
  • 5i.  Does this include Recall appointments?
  • 5i.  The Employment Misconduct Disclosure Questionnaire is not required for academics recalled to the UC Davis campus in the same department as their original appointment.  While not required,  it is recommended that each hiring unit (department) exercise their due diligence when recalling academics from another campus and/or from a different school/college or department. Hiring units (departments) can require the Employment Misconduct Disclosure Questionnaire from all proposed recall appointments.
  • 6.  What types of decisions need to be disclosed?
  • 6.  Proposed hires must disclose any violation of the policies or laws governing conduct at a candidate’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, or discrimination as defined by the previous employer. This includes decisions from educational institutions, employers, courts, or other relevant bodies.
  • 7.  How recent must these decisions be to require misconduct disclosure?
  • 7.  Only decisions issued within the last seven years from the date of application submission need to be disclosed.
  • 8.  How does the candidate submit their misconduct disclosure? Who will see it?
  • 8.  Each candidate will receive an email from ucddisclosure@ucdavis.edu that will provide them with a link to complete the Employment Disclosure Questionnaire. Candidates responses will be received via Qualtrics managed by Academic Affairs, as the only office that will receive this information and will share it only on a need to know basis.
  • 9.  Where will the completed misconduct disclosures be stored and how long will they remain in our archives?

  • 9.  In order to protect a candidate’s privacy, the misconduct disclosure form and any information pertaining to prior misconduct must be treated as confidential and retained per local procedures.  

    If the proposed hire is hired by the University, the misconduct disclosure form, and any information pertaining to prior misconduct received from a prior employer, shall be retained in a file separate from the personnel file but retained in accordance with the disposition of records for personnel files.

    If the proposed hire is not hired by the University, the misconduct disclosure form, and any information pertaining to prior misconduct received from a prior employer, shall be retained in a file separate from the recruitment records but retained in accordance with the disposition of records for recruitment files.

  • 10.  What happens if a candidate fails to disclose such decision
  • 10.  Failure to disclose required information can result in disqualification from the recruitment or appointment process, or termination of employment if the omission is discovered after hiring. It is crucial for maintaining integrity and trust in the hiring process.
  • 11.  How will the disclosed information be used?
  • 11.  The disclosed information will be reviewed as part of the overall assessment of the proposed hire's suitability for the position. It will be handled with confidentiality and used solely for the purpose of evaluating the proposed hire's qualifications and ensuring the safety of the academic community.
  • 12.  Who is involved in the decision-making process if a proposed hire discloses prior misconduct?
  • 12.  Academic Affairs leadership will evaluate the disclosure responses.  Based on the findings, additional consultation may involve the campus Title IX Officer and the Dean/Department Chair for the relevant recruitment.
  • 12a.  Will disclosure of prior misconduct automatically disqualify a proposed hire?
  • 12a.  Not necessarily. The disclosed information will be reviewed as part of the overall assessment of the proposed hire's suitability for the position.
  • 13.  How will a department know a candidate is cleared for hire?
  • 13.  The Dean’s Office contact will provide them with the clearance email received from ucddisclosure@ucdavis.edu. The department contact that had completed the Hiring Department Survey will also be provided the clearance email. The full process is outlined on our website under “Disclosure Question Process” at the following link: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements.
  • 13a. Is the clearance email required to be included in the appointment dossier?
  • 13a. Please do not include the Employment Disclosure Process clearance email in the appointment dossier. Where applicable, appointment checklists have been updated to reflect this guidance (see https://academicaffairs.ucdavis.edu/forms-and-checklists). However, we expect that deans' offices are ensuring that any academic appointee is cleared being being appointed.
  • 14.  If the candidate is a proposed hire for a position subject to a campus’s Institutional Reference Check (meaning a tenure/tenure track professor or professor of teaching position), will the proposed hire also undergo the Reference Check process or does this satisfy that requirement?
  • 14.  Please refer to the instructions on our website under “Disclosure Question Process” at the following link: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements.
  • 15.  What steps does the University take to ensure fairness in this process?
  • 15.  The University is committed to fair and equitable hiring practices. Each misconduct disclosure will be reviewed in context, considering the severity of the incident, the proposed hire's actions since the decision, and other relevant factors. The goal is to balance transparency and accountability with fairness and rehabilitation.
  • 16.  Where can proposed hires find more information or seek clarification about this requirement?
  • 16.  Proposed hires can find more information on this website throughout the entire page and FAQs: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements or email ucddisclosure@ucdavis.edu.
  • 17.  Where can hiring departments find more information or seek clarification about the process?
  • 17.  Departments can find more information on this website throughout the entire page and FAQs: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements or email ucddisclosure@ucdavis.edu.
  • 18.  Will this delay our recruitments?
  • 18.  Delays should be minimal with the active engagement of the proposed hire(s) in the misconduct disclosure process. We will consider the timeliness of decisions and communication to avoid significant delays in hiring while also ensuring the safety of the academic community. Dean’s offices can be the point of contact for questions on the status of any of their recruitments and can connect with Academic Affairs for additional status information as needed.
  • 19.  How does this requirement align with the University’s commitment to a safe and inclusive environment?
  • 19.  By enforcing this requirement, the University of California demonstrates its commitment to fostering a safe, respectful, and inclusive environment for everyone. It helps ensure that individuals with a history of misconduct, including sexual harassment, are identified and assessed appropriately, upholding the values and integrity of the academic community.
  • 20.  Is every candidate required to complete the Employment Misconduct Disclosure Questionnaire?
  • 20.  No. Only those proposed hires the University of California has determined meet the minimum employment qualifications may be required to complete the Employment Misconduct Disclosure Questionnaire. At a minimum, all proposed hires must complete the Employment Misconduct Disclosure Questionnaire.
  • 21.  Is every proposed hire required to complete the Authorization to Release Information form?
  • 21.  The Authorization to Release Information Form is a required part of the application materials for all academic recruitments; and, if not included, the application will be considered incomplete and not be reviewed further.
  • 22.  Where can I find archived "Recent Updates"

  • 22.  A list of recent updates can be found below. 

         - Definition of misconduct has been revised to remove "dishonesty" and "unethical conduct." (See more under "Definitions" tab, and in 7/7/25 email from AVP Binnie Singh)
         - A new policy regarding summer breaks in service went into effect on 6/30/25. (See more under FAQ 5c, and in 7/7/25 email from AVP Binnie Singh)
         - Employment Disclosure Questionnaire has been shortened to 2 questions.