In accordance with California Senate Bill 791 and Assembly Bill 810, which take effect on January 1, 2025, the following academic hiring procedures will be implemented to ensure compliance with the new legal requirements, as outlined in our earlier communication.
Effective December 12, 2024, in AP Recruit:
- Search Plans:
All search plans will automatically include the following statement, which will be visible in job postings:- 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 or
- 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
- 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.
- SMHD Declaration Form:
The Sexual Misconduct, Harassment, and Discrimination (SMHD) Declaration Form will no longer be a required document in AP Recruit by default for search waivers and search plans. - Search Waivers:
All search waivers will automatically include instructional text under the documentation tab referring the requirements of the new Misconduct Disclosure Questionnaire and Authorization to Release Form, which must be sent to finalists via a link. - Search Reports:
All search reportsmust continue to be generated for approval when a proposed candidate (finalist) is identified in a recruitment. Once approved, AP Recruit will automatically send a ‘next steps’ email to the recruitment (staff) owner, referencing the requirements of the new Misconduct Disclosure Questionnaire and Authorization to ReleaseForm, which must be sent to finalists via a link.
Effective January 1, 2025:
- Misconduct Disclosure Questionnaire and Authorization to Release Form:
Must be completed by all finalists for academic or administrative positions, including visiting, volunteer, or without-salary roles. Hiring units are responsible for sending the form link to finalists after notifying them of their finalist status; this process cannot begin at earlier stages. The Office of Academic Personnel will screen all form submissions and provide a clearance outcome for each proposed finalist via email.- Note: Without-salary and visiting titles are exempt from open recruitment and do not use AP Recruit. Instructional text about this form’s requirements will be included on the respective Appointment Summary Form (AP-20 or AP-21).
- Institutional Reference Checks (IRC):
The Office of Academic Personnel will make a reasonable attempt to obtain information from the previous employer of finalists for Professor and Professor of Teaching positions (all ranks). For other academic finalists who disclose affirmative responses, additional information may be sought. The IRC will be completed within a maximum of 10 business days from the date of form submission; this includes five business days for employer outreach and response, and five business days for evaluation and clearance outcome. - Finalist Clearance Requirement:
The hiring unit may proceed with preparing and issuing tentative offer letters and appointment paperwork, as applicable. However, the hiring process cannot advance to the next level of review and/or approval until Chief Personnel Officers receive a clearance email notification from the Office of Academic Personnel. Chief Personnel Officers will communicate clearance statuses to hiring units. - Tentative Offer Letters (TOL):
Hiring units must include the following conditional employment language in TOLs:- 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.
Academic Personnel Procedures (APP) 2-10 and 2-30 will be updated on our website to include this information. If you have any questions, please contact aprefcheck@uci.edu.
The Office of Academic Personnel appreciates the collaboration of our campus partners in maintaining a safe and secure environment free from all forms of violence, harassment, discrimination, exploitation, or intimidation.
Thank you,
Marianne Liu Beckett
Assistant Vice Chancellor for Academic Personnel