SB 791: Postsecondary education: academic and administrative employees: disclosure of sexual harassment.

(1)Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, and the California Community Colleges. Existing law authorizes the governing board of each community college district and the Trustees of the California State University to employ persons in academic and administrative positions in order to carry out the functions of their respective institutions. The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes.

This bill would request the Regents of the University of California, and would require the Trustees of the California State University and the governing boards of community college districts, to require, as part of the hiring process for an appointment to an academic or administrative position, that the applicant disclose any final administrative decision, as defined, or final judicial decision, as defined, issued within the last 7 years, as provided, determining that the applicant committed sexual harassment, as defined. The bill would request the University of California to not ask, and would prohibit the California State University or a community college district from asking, an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described above, including any inquiry about an applicable decision on any employment application, until it has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.

To the extent that this bill would impose new requirements on community college districts, the bill would constitute a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.