SB 1439, as amended, Block. Postsecondary education: academic and administrative employees: disclosure of sexual harassment.
(1) Under existing law, the segments of postsecondary education in this state include thebegin delete California Stateend delete Universitybegin insert of California, the California State University,end insert 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.begin insert end insertbegin insertThe 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.end insert
This bill would requirebegin delete community college district governing boards andend deletebegin insert the Regents of the University of California,end insert the Trustees of the California Statebegin delete Universityend deletebegin insert University, and the community college district governing boardsend insert to requirebegin delete that an applicationend deletebegin insert
as part of the hiring processend insert forbegin insert
anend insert appointment to an academic or administrative positionbegin delete with that district or with the California State University, as appropriate, include a requirementend delete that the applicant disclose any final administrative decision, as defined, or final judicial decision, as defined, determining that the applicant committed sexual harassment.begin insert The bill would prohibit the University of California, 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.end insert
To the extent that these provisions would impose new requirements on community college district governing boards, this 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 these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 87604.5 is added to the Education Code,
2to read:
(a) The governing board of a community college
4district shall requirebegin delete that an applicationend deletebegin insert as part of the hiring processend insert
5 forbegin insert anend insert appointment to an academic or administrative position with
6that districtbegin delete include a requirementend delete that the applicant disclose any
7final administrative decision or final judicial decision determining
8that the applicant committed sexual harassment.
9
(b) A community college district shall not ask an applicant to
10disclose, orally or in writing, information concerning any final
11administrative decision or final judicial decision described in
12subdivision (a), including any inquiry about an applicable decision
13on any employment application, until the community college district
P3 1has determined that the applicant meets the minimum employment
2qualifications stated in the notice issued for the position.
3
(c) This section shall not be construed to prevent a community
4college district from conducting a background check after
5complying with subdivision (b).
6(b)
end delete
7begin insert(d)end insert For purposes of this section, the following definitions shall
8apply:
9(1) “Final administrative decision” means a final determination
10based on the investigative findings of a Title IX compliance
11coordinator, or other designated investigator, at a college or
12university on a complaint of sexual harassment.
13(2) “Final judicial decision” means a final determination of a
14matter submitted to a court that is recorded in a judgment or order
15of that court.
Section 89521 is added to the Education Code, to read:
(a) The trustees shall requirebegin delete that an applicationend deletebegin insert as
18part of the hiring processend insert forbegin insert anend insert appointment to an academic or
19administrative position with the California State Universitybegin delete include that the applicant disclose any final administrative
20a requirementend delete
21decision or final judicial decision determining that the applicant
22
committed sexual harassment.
23
(b) The California State University shall not ask an applicant
24to disclose, orally or in writing, information concerning any final
25administrative decision or final judicial decision described in
26subdivision (a), including any inquiry about an applicable decision
27on any employment application, until the California State
28University has determined that the applicant meets the minimum
29employment qualifications stated in the notice issued for the
30position.
31
(c) This section shall not be construed to prevent the California
32State University from conducting a background check after
33complying with subdivision (b).
34(b)
end delete
35begin insert(d)end insert For purposes of this section, the following definitions shall
36apply:
37(1) “Final administrative decision” means a final determination
38based on the investigative findings of a Title IX compliance
39coordinator, or other designated investigator, at a college or
40university on a complaint of sexual harassment.
P4 1(2) “Final judicial decision” means a final determination of a
2matter submitted to a court that is recorded in a judgment or order
3of that court.
begin insertSection 92612.1 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
5read:end insert
(a) The regents shall require as part of the hiring
7process for an appointment to an academic or administrative
8position with the University of California that the applicant
9disclose any final administrative decision or final judicial decision
10determining that the applicant committed sexual harassment.
11
(b) The University of California shall not ask an applicant to
12disclose, orally or in writing, information concerning any final
13administrative decision or final judicial decision described in
14subdivision (a), including any inquiry about an applicable decision
15on any employment application, until the University of California
16has determined that the applicant meets the minimum employment
17qualifications stated in the notice issued for the
position.
18
(c) This section shall not be construed to prevent the University
19of California from conducting a background check after complying
20with subdivision (b).
21
(d) For purposes of this section, the following definitions shall
22apply:
23
(1) “Final administrative decision” means a final determination
24based on the investigative findings of a Title IX compliance
25coordinator, or other designated investigator, at a college or
26university on a complaint of sexual harassment.
27
(2) “Final judicial decision” means a final determination of a
28matter submitted to a court that is recorded in a judgment or order
29of that court.
If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.
O
96