Systemwide Review of Proposed Revisions to APM Section 500, Recruitment - General

The University invites comments on proposed revisions to Section 500 of the Academic Personnel Manual (APM - 500, Recruitment).

APM - 500, Recruitment

Summarized below are the proposed key policy revisions that are being distributed for systemwide review.

The policy revisions respond to the need to address two new bills signed into state law that add and amend sections 92612.1 and 92612.2 of the California Education Code, effective January 1, 2025 (reference Senate Bill (SB) 791, Postsecondary education: academic and administrative employees: disclosure of sexual harassment, and California Assembly Bill (AB) 810, Postsecondary education: hiring practices: academic, athletic, and administrative positions). The proposed technical revisions are intended to bring the University into compliance with sections 92612.1 and 92612.2 of the California Education Code by incorporating the following changes:

Misconduct Disclosure Form:

All applicants who are identified as finalists for academic appointments are required to complete a misconduct disclosure questionnaire and disclose any final administrative or judicial decisions issued within the last seven (7) years from the date of submission of an employment application determining that the applicant committed misconduct, including sexual harassment.
A hiring unit may also elect to require misconduct disclosure questionnaires from all applicants who meet the minimum requirements of a recruitment. The hiring unit may not obtain a misconduct disclosure questionnaire unless the hiring unit determines that an applicant meets the minimum requirements for the position.
In the event that an applicant discloses prior misconduct, the hiring unit shall obtain a signed release form from the applicant before contacting the previous employer.

Release Form:

Applicants who are identified as finalists for a tenure-track/tenured position or a position in the Professor of Teaching Series are required to sign a release form authorizing the release of information by the applicant’s previous employers to the University concerning any allegations of misconduct in order to permit the University to evaluate the released information with respect to the criteria for potential employment. The hiring unit is required to obtain the release form for proposed appointees in these series and to engage in a reasonable attempt to obtain information from the previous employer when the applicant reaches the final stages of the application process.
A hiring unit may request a release form from all applicants of a recruitment and may use the release form to engage in a reasonable attempt to obtain information from the previous employer when the applicant reaches the final stages of the application process.
In the event that a previous employer discloses misconduct, the hiring unit shall follow-up with the applicant to give that individual an opportunity to respond.

Local Implementation Procedures:

Vice Provosts/Vice Chancellors who oversee academic personnel are responsible for developing implementing procedures for the confidential management and tracking of misconduct disclosure questionnaires and release forms, as well as confidential decision-making and communication processes involving applicants, previous employers, and University administrators. In order to protect a candidate’s privacy, the misconduct disclosure form and any information pertaining to prior misconduct must be treated as confidential, retained per local procedures, and disposed in accordance with University of California records retention policy.

The draft policy is posted here . If you have any questions or if you wish to comment, please contact Paula Johnson in the Office of Information Governance and Policy at policy@ucsd.edu no later than April 21, 2025.

Paula Johnson
Director, Office of Information Governance and Policy

University of California San Diego, 9500 Gilman Drive, La Jolla, CA, 92093