Required Disclosures and Background Checks

Effective January 1, 2025, the University of California, San Diego, will comply with Senate Bill 791 and Assembly Bill 810.

Beginning June 20, 2025, submitters need to use the JotForm for the IRC/Misconduct Disclosures process.

Request and E mployment Misconduct Disclosure Using JotForm

For the Graduate Student Population, Do Not Use this form. Please reach out to GEPA at sb791-gepa@ucsd.edu

For questions regarding a Kuali submission prior to June 20, 2025, please send your questions to academicpersonnel@ucsd.edu.

California Senate Bill 791 (SB 791)

In order to comply with California Senate Bill 791 (SB 791), UC San Diego is now requiring 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. UC San Diego may initiate a background check depending on the information disclosed by the final candidate.

California Assembly Bill 810 (AB 810)

In addition, in order to comply with and California Assembly Bill 810 (AB 810), UC San Diego is requiring applicants for intended tenure-track faculty positions (including security of employment-security-track), tenured (including security of employment) faculty 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.

Overview of JotForm Screening Process

The Submitter fills out the Department Request for Candidate Misconduct and Authorization Release- a request form that indicates whether the candidate will be ladder rank or non-ladder rank, and the specific department they will be going into.
The Candidate fills out the UCSD Candidate Authorization and Disclosure Form.
The Submitter receives email notification that the candidate filled out the form and that work is officially transferred to the Central office for review.
APS Central Office conducts necessary reference checks.
APS provides assessment on how to move forward
1. If approved, The Submitter receives email notification that the candidate has been approved to move forward.
2. If not approved, in conversation with appropriate parties, the decision is documented in an email sent to the Dean or Hiring Authority.

Information for Candidates

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 decision maker (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.

Positions Requiring Screening

Positions that require this disclosure and will undergo the JotForm screening include:

Academic Administrator
Academic Coordinator
Acting Titles
Adjunct Professor
Extended Studies: By Agreement Teachers
Extended Studies - Tutors
HS Clinical Professor
Lecturer-MISC (TC 1650)
Lecturer-Summer Session (TC 1550)
Lecturer - Unit 18
Librarian
Medical Fellow/Intern/Resident
Non-Salaried Academic (i.e. Non-salaried Adjunct Professor)
Professor (Tenure/Tenure Track)
Professor of Clinical X
Professor In Residence
Project Scientist
Postdoctoral Scholar
Professor
Research Scientist
Specialist
Teaching Professor (Security of Employment/Security of Employment Track)
Visiting Scholars
Visiting Academic (Project Scientist, Research, Scientist, Professor, etc.)
Visiting Graduate Student
Voluntary and Non-Salaried Clinical Professor

For Academic Student Employees and GSRs, please use the GSR Request Form.

Instructions and Resources for Submitting the JotForm

For a quick training tutorial, please visit the UC Learning Center and access the course titled: Overview of Candidate Authorizations, Disclosures, and Institutional Reference Checks

The Step-by-Step Instructions for Misconduct Disclosures and Authorization to Release for IRCs for Analysts and Submitters are listed below:

Phase 1: Initiate

Action 1: Approval

Ensure the candidate’s recruitment or waiver has an approved search report. If they are going through the process due to other scenarios (i.e., change of series), please ensure they are approved to move forward with the screening process.

Action 2: Access JotForm Link

Open the Unit Request for Candidate Misconduct Disclosure and Authorization Release Form: https://form.jotform.com/251326090673051

The same link will be used for all candidates, whether Ladder Rank/SOE or Non-Ladder Rank.

Action 2A: The first time you open the link; you will need to create a JotForm account and can do so by clicking the link to 'my account' and choosing either Google or Microsoft to log in through your UCSD credentials (sign-on).

Action 3: Unit Request Form

Complete the form with (1) your information as the submitter and (2) the candidate's information as it appears on their application/hiring documents

You must ensure all of the information is correct prior to submitting the form.

Inputting the correct email address for yourself and for the candidate will ensure that the appropriate notifications are sent and received.

Inputting whether or not the candidate will be positioned in a Ladder Rank/SOE position will determine automatic routing to ensure an Institutional Reference Check is completed.

You can also use the role/general email account for the Submitter email address, if necessary. This will be the email address that will receive the confirmation of completion needed for Action 7.

You will receive a confirmation email titled "The Request for Authorization and Misconduct has been sent to [Candidate Name]" with a copy of your request.

Phase 2: Confirm

Action 4: UCSD Candidate Authorization and Disclosure Form

Once you receive the confirmation email that the Request form was completed, the candidate will also receive the UCSD Candidate Authorization and Disclosure form via email.

Action 4A: An automatic follow-up email will be sent if the candidate does not complete the form within 3 calendar days.

Submitters should also follow up with candidates to ensure receipt of the form to complete. APS will not be notified of the request for a review process until the candidate completes the UCSD Candidate Authorization and Disclosure form.

Action 5: Academic Personnel Services Notified

Once the candidate completes the UCSD Candidate Authorization and Disclosure form, you will receive an email notification titled "The Screening Process for [Candidate Name] has Begun" that the screening process has officially initiated.

Phase 3: Approval

Action 6: Completion Notification

The screening process can take from 1 hour to 4 weeks depending on the candidate's response.

Once the candidate review process is completed, you will receive a notification titled “[Candidate Name] Screening Completed.”

Candidates who not approved to move forward, the appropriate hiring authorities will be notified. Notification will not be sent through JotForm

Action 7: Appointment File

Include a copy of the email titled “[Candidate Name] Screening Completed” into the appointment file as confirmation of the process.

Candidates for tenure track/tenure/security of employment track/security of employment positions will also require an institutional reference check regardless of how they respond to the misconduct disclosure.

Conditional Employment Offer Language

For any individual receiving a conditional offer, (such as admitted students with funding to support a position) you must 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.

For any individual receiving a conditional proposal letter or letter of intent (such as faculty appointments), you must include the following language:

This proposal 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.

Frequently Asked Questions

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.

Q. What is California SB 791 and AB 810?

Senate Bill (SB) 791 and Assembly Bill (AB) 810 are two bills that were signed into state law that add and amend sections 92612.1 and 92612.2 of the California Education Code, effective January 1, 2025 (reference California Senate Bill (SB) 791, Postsecondary education: academic and administrative employees: disclosure of sexual harassment; and California Assembly Bill (AB) 810, Postsecondary education: hiring practices: academic, athletic, and administrative positions).

California Education Code Sections 92612.1 and 92612.2 include the following requirements:

Applicants who are identified as a finalist for an academic or administrative position to disclose any final administrative or judicial decisions issued within the last seven years related to misconduct, including sexual harassment, as defined in the statute.

Permit finalists to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.

In the event the applicant reaches the final stages of the application process, the applicants for tenure-track/tenured appointments will be required to sign a release form that authorizes the release of information by the applicant’s previous employers to the UC location concerning any substantiated allegations of misconduct. This authorization will permit the UC location to evaluate the released information with respect to the criteria for a potential appointment.

The law requires the UC location to use the signed release form from applicants for tenure-track/tenured appointments to make a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.

Q. Why do we require this misconduct disclosure from all proposed hires?

Requiring this misconduct disclosure 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.

Q. How will a department or unit know a candidate is cleared for hire?

Departments and Units will receive an email notification via the Jotform routing process. This email needs to be included in the appointment submission to APS.