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Employment Misconduct Disclosure, SB 791

Effective December 1, 2024, all non-academic student employment jobs posted on Handshake must include an employment misconduct disclosure due to the passage of SB 791. Effective January 1, 2025, all students selected for non-academic student employment jobs must complete an employment misconduct disclosure form and a release form allowing UCSC to contact prior employers. These forms will be completed during the onboarding process in HIRES.

SB 791 | SB 791 & Student Employment | What is Misconduct | Misconduct Assessment Process

What is SB 791?

California Senate Bill (SB) 791 requires disclosure and assessment of any final administrative or judicial decisions issued within the past seven (7) years from the date of submission of an employment application determining that the applicant committed misconduct, as described in the statutes.

The process includes authorization permitting UC Santa Cruz to request the release of information which will be evaluated to determine the candidate’s final eligibility for hire into the staff position. Selected candidates are permitted to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.

How will SB 791 impact student employment?

Starting January 1, 2025, all students selected for a non-academic student employment opportunity must complete a disclosure form providing details of any misconduct in the past seven (7) years and sign a release form that authorizes the release of information by the candidate’s previous employers. This process will be initiated after the hiring manager submits a “create hire” form to begin the onboarding process. If a student is not determined eligible for hire into the non-academic student employment opportunity, the supervisor and student will separately be notified. If a student does not complete the disclosure requirement, they will not be able to be hired into the job. This new requirement may cause delays in the onboarding process.

What is Misconduct?

All jobs posted in Handshake feature the following explanation of the misconduct disclosure requirement:

“Misconduct Disclosure Requirement: As a condition of employment, the final candidate who accepts a conditional offer of employment will be required to disclose if they have been subject to any final administrative or judicial decisions within the last seven years determining that they committed any misconduct; received notice of any allegations or are currently the subject of any administrative or disciplinary proceedings involving misconduct; have left a position after receiving notice of allegations or while under investigation in an administrative or disciplinary proceeding involving misconduct; or have filed an appeal of a finding of misconduct with a previous employer. 

  1. “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. For reference, below are UC’s policies addressing some forms of misconduct: 

Misconduct Assessment Process

The misconduct disclosure process is implemented once your supervisor submits a “create hire” form in HIRES.

  1. You will receive an autogenerated email letting you know that Career Success will be sending you the mandatory employment misconduct disclosure form via Docusign.
  2. Career Success will send the misconduct disclosure form via Docusign within 1 business day.
  3. You must complete the misconduct disclosure form within 2 weeks.
    1. If you do not complete the misconduct disclosure form within 2 weeks, your hire will be inactivated. This means you will not be able to work the job.
    2. If your response is that no misconduct has taken place, you will continue through the onboarding process.
    3. If your response discloses employment misconduct occurring in the past seven (7) years, the misconduct assessment process begins.
      1. Career Success will send you a required release form. The release form authorizes the release of information by your previous employer. You must complete the release form within 2 weeks. If the release form is not completed within 2 weeks, your hire will be inactivated.

Career Success, Student Conduct, and Campus Counsel, alongside an ad hoc review committee, will review misconduct information to determine your eligibility for hire. Misconduct information is considered potentially disqualifying information (PDI) and may disqualify you from employment.

  1. PDI will be formally assessed by Student Conduct per specific guidelines covered under the PDI process review sections of PPSM-21 policy. Student Conduct, Career Success, and Campus Counsel may consult with any or all of the following local offices to reach a final eligibility decision.
    1. Title IX
    2. AA/EEO office
    3. SHR Employee and Labor Relations
    4. Other divisional contacts as necessary
  2. Processing of potentially disqualifying information (PDI):
    1. Student Conduct may contact prior employers to collect more information. Student Conduct may also contact you to allow you the opportunity to provide any supplementary documentation or information you wish to be considered in the final decision.
      1. If supplementary information is provided, it will be assessed before making a final hiring decision.
    2. If Student Conduct determines that the past misconduct does disqualify you from employment, you will receive an email informing you that you have not met the conditions of employment.
    3. If Student Conduct determines that you are eligible for hire into the position, you will continue to the next phase of the hiring process.