Employment Disclosure Requirements Definitions  

Misconduct is defined as: 

• 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, discrimination, dishonesty, or unethical conduct as defined by the previous employer. 

Decisions include: 

• Final Administrative Decisions: A written determination by a previous employer as to whether a candidate committed Misconduct. Examples of a final administration decision include but are not limited to a determination by a decisionmaker (employer or state or federal agency) following a final investigative report and the subsequent hearing, or the imposition of employment discipline or corrective action related to the candidate’s Misconduct; OR 
• Final Judicial Decisions: A final determination of a matter submitted to a court regarding the candidate’s Misconduct that is recorded in a judgment or order of that court. 

Appeal is defined as: 

• A request for a review of a Decision, as defined above. This could be through any previous employer’s applicable appeal process or an appeal of a Judicial Decision through the applicable appeals process. Examples include filing a grievance, using an appeal process defined by policy, or filing an appeal with the appropriate judicial body or agency. 

A pdf of these definitions can be found here: https://aadocs.ucdavis.edu/employment-disclosure-requirements-definitions.pdf

As a condition of employment, the finalist 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 any 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

To implement this process, UC Davis requires all applicants for any open search to complete, sign, and upload the form entitled, "Authorization to Release Information" into UC RECRUIT as part of their application.  If an applicant does not include the signed authorization with the application materials, the application will be considered incomplete, and as with any incomplete application, will not receive further consideration.

*This language has been added to UC RECRUIT so that it will be included in all new recruitments.  

"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."

Workflow for SB 791 / AB 810 Process

https://aadocs.ucdavis.edu/policies/flowchart-of-sb791-and-ab810-process.pdf

For academic non-tenure track/non-security of employment candidates hired by an Open Recruitment:

Step 1:  Candidate applies to UC Recruit and must complete and include Authorization to Release Information Form with their application in order for their application to be considered complete. Employment Disclosure Requirement Process language is automatically included in all recruitments processed in UC Recruit.  If completed outside UC Recruit, please include the required language in your job posting/advertisement (Provided at this link: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements).

Step 2:  Finalist for the position is identified.

Step 3:  Hiring Department or Dean’s Office uses the following link: https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK to complete the survey providing information on final candidate to be issued the Employee Disclosure Questionnaire. The survey will require the following documents to be uploaded:

• The signed Authorization of Release form
• The candidate’s C.V./Resume.  

Step 4:  Academic Affairs receives the completed survey via ucddisclosure@ucdavis.edu.  Academic Affairs will complete the internal steps needed to:

• Provide Employee Disclosure Questionnaire to the required candidate
• Process received responses including any required consultation
• Communicate outcome to appropriate Department/Dean’s Office contact 

*NOTE: If candidate does not respond and complete the survey within 7 days, the candidate will not be cleared. If the department remains interested in the candidate, a new survey will need to be completed via: https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK.

Step 5: Once process is completed, Academic Affairs will notify the appropriate Department/Dean’s Office contact of the outcome via email from ucddisclosure@ucdavis.edu.

Step 6:  If cleared, offer is issued.

Step 7: Department includes PDF of the email clearing the academic in the appointment file.

Step 7a:  If appointment is Redelegated, the Dean's Office ensures the clearance has been received prior to issuing offer.

Step 7b:  If appointment is Non-redelegated, Dean's Office includes evidence that the candidate is cleared for hire in the file prior to submission of appointment to Academic Affairs.

Step 8:  Appointment process is started.

For academic candidates hired by an Open Recruitment for the following faculty titles:

• Ladder Rank Assistant Professor through Professor
• Assistant Professor of Teaching through Professor of Teaching
• Acting Professor of Law through Professor of Law

Step 1:  Candidate applies to UC Recruit and must complete and include Authorization to Release Information Form with their application in order for their application to be considered complete. 

• Employment Disclosure Requirement Process language is automatically included in all recruitments processed in UC Recruit.  If completed outside UC Recruit, please include the required language in your job posting/advertisement (Provided at this link: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements).

Step 2:  Finalist for the position is identified.

Step 3:  Hiring Department or Dean’s Office uses the following link: https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK to complete the survey providing information on final candidate to be issued the Employee Disclosure Questionnaire. The survey will require the following documents to be uploaded:

• The signed Authorization of Release form
• The candidate’s C.V./Resume. 

Step 4:  Academic Affairs receives the completed survey via ucddisclosure@ucdavis.edu.  Academic Affairs will complete the internal steps needed to:

• Provide Employee Disclosure Questionnaire to the required candidate
• Process received responses including any required consultation
• Communicate outcome to appropriate Department/Dean’s Office contact 

*NOTE: If candidate does not respond and complete the survey within 7 days, the candidate will not be cleared. If the department remains interested in the candidate, a new survey will need to be completed via: https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK.

Step 5: Once process is completed, Academic Affairs will notify the appropriate Department/Dean’s Office contact of the outcome via email from ucddisclosure@ucdavis.edu.

Step 6:  If cleared, offer is issued.

Step 7: Department includes PDF of the email clearing the academic in the appointment file.

Step 7a:  If appointment is Redelegated, the Dean's Office ensures the clearance has been received prior to issuing offer.

Step 7b:  If appointment is Non-redelegated, Dean's Office includes evidence that the candidate is cleared for hire in the file prior to submission of appointment to VPAA.

Step 8:  Appointment process is started.

For academic candidates hired by a Waiver/Exemption (This does not pertain to Recall Exemptions for retired UC Davis academics):

Step 1:  Candidate is identified.

Step 2:  Hiring Department sends to the candidate:

1. Employment Disclosure Requirement Process language which can be found at the following link: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements.
2. The Authorization to Release Information Form

Step 3:  Hiring Department or Dean's Office initiates recruitment waiver/exemption and must upload with the request:

1. The completed Authorization of Release form.
2. Documentation that the candidate received the Employment Disclosure Requirement Process language.

Step 4:  Once the recruitment waiver/exemption is approved, Hiring Department or Dean’s Office uses the following link:  https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK to complete the survey providing information on final candidate to be issued the Employee Disclosure Questionnaire. The survey will require the following documents to be uploaded:

• The signed Authorization of Release form
• The candidate’s C.V./Resume. 

 Step 5: Academic Affairs receives the completed survey via ucddisclosure@ucdavis.edu.  Academic Affairs will complete the internal steps needed to:

• Provide Employee Disclosure Questionnaire to the required candidate
• Process received responses including any required consultation
• Communicate outcome to appropriate Department/Dean’s Office contact 

*NOTE: If candidate does not respond and complete the survey within 7 days, the candidate will not be cleared. If the department remains interested in the candidate, a new survey will need to be completed via: https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK.

Step 6:  Once process is completed, Academic Affairs will notify the appropriate Department/Dean’s Office contact of the outcome via email from ucddisclosure@ucdavis.edu.

Step 7: If cleared, offer is issued.

Step 8: Department includes PDF of the email clearing the academic in the appointment file.

Step 8a:  If appointment is Redelegated, Dean's Office ensures the clearance has been received prior to issuing offer.

Step 8b:  If appointment is Non-redelegated, Dean's Office includes evidence that the candidate is cleared for hire is in the file prior to submission of appointment to VPAA.

Step 9:  Appointment process is started.

For Non-recruited Postdoctoral Scholars, student academic employee titles, or Interns and Residents:

Step 1:  Candidate is identified.

Step 2:  Hiring Department sends to the candidate:

1. Employment Disclosure Requirement Process language which can be found at the following link: https://academicaffairs.ucdavis.edu/employment-disclosure-requirements
2. The Authorization to Release Information Form

Step 3:  Hiring Department or Dean’s Office uses the following link: https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK to complete the survey providing information on final candidate to be issued the Employee Disclosure Questionnaire. The survey will require the following documents to be uploaded:

• The signed Authorization of Release form
• The candidate’s C.V./Resume. 

 Step 4: Academic Affairs receives the completed survey via ucddisclosure@ucdavis.edu.  Academic Affairs will complete the internal steps needed to:

• Provide Employee Disclosure Questionnaire to the required candidate
• Process received responses including any required consultation
• Communicate outcome to appropriate Department/Dean’s Office contact 

*NOTE: If academic does not respond and complete the survey within 7 days, the candidate will not be cleared. If the department remains interested in the candidate, a new survey will need to be completed via: https://ucdavis.co1.qualtrics.com/jfe/form/SV_1EUo203DUBzuosK.

Step 5:  Once process is completed, Academic Affairs will notify the appropriate Department/Dean’s Office contact of the outcome via email from ucddisclosure@ucdavis.edu.

Step 6: If cleared, offer is issued.

Step 7: Department includes PDF of the email clearing the academic in the appointment file.

Step 7a:  Dean's Office ensures the clearance has been received prior to issuing offer.

Step 8:  Appointment process is started.

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?

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? 

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.

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)?

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?

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.