BILL ANALYSIS Ó
SB 1439
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Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1439
(Block) - As Amended August 1, 2016
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|Policy |Higher Education |Vote:|12 - 0 |
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill requires the governing board of each California
Community College (CCC) district, the Trustees of the California
State University (CSU), and the Regents of the University of
California (UC) to require-as part of the hiring process for
appointment to an academic or administrative position with the
district or with the CSU or UC, respectively-that an applicant
disclose any final administrative decision or final judicial
decision which determined that the applicant committed sexual
harassment.
SB 1439
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The bill further stipulates that a CCC district, CSU, or UC
shall not require the above disclosure until first determining
that the applicant meets the minimum employment qualifications
for the position.
FISCAL EFFECT:
Any costs for districts, CSU, and UC to modify their hiring
processes to implement the bill's disclosure requirement should
be minor and absorbable.
COMMENTS:
Purpose. According to the author, "the current practice of
hiring professors at California colleges and universities does
not take into account the potential candidate's history of
sexual harassment or misconduct when a negative decision has
been rendered. Professors who have been investigated for
workplace sexual harassment at a university and found to have
violated sexual harassment rules do not have to disclose that
they were previously investigated and disciplined when they
apply for a position at another university. In addition, hiring
universities do not have access to these applicants'
disciplinary history. Consequently, universities may
inadvertently hire professors who have a history of misconduct
and pose a serious threat to the well-being of their students.
Professors and instructors can avoid the consequences of their
actions by moving from one university to the next since their
history does not follow them. The information as to their
misconduct should be considered when hiring decisions are being
made."
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
SB 1439
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