Postsecondary education: hiring practices: academic, athletic, and administrative positions.

Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. Existing law, known as the Student Athlete Bill of Rights, requires intercollegiate athletic programs at 4-year private universities or campuses of the University of California or the California State University that do not compete in Division III of the National Collegiate Athletic Association to comply with prescribed requirements relating to student athlete rights. This bill would require a postsecondary educational institution, during the process to authorize a volunteer in the athletic department of the postsecondary educational institution, to contact the current or former employer of the individual applying for volunteer authorization to determine if the applicant violated any employment policies. To the extent these provisions would add additional duties on community college districts, the bill would impose a state-mandated local program. Existing law requests the Regents of the University of California, and requires 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. Existing law requests the University of California to not ask, and prohibits 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 until it has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position. This bill would additionally request the governing boards or bodies of independent institutions of higher education that receive state financial assistance to adhere to the above-described provisions and would extend those provisions to athletic position appointments. The bill would request the governing boards or bodies of independent institutions of higher education that receive state financial assistance, and would require the Trustees of the California State University and the governing boards of community college districts, as part of the hiring process for an appointment to an academic, athletic, or administrative position, to have an applicant, as defined, sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant's previous employers concerning any substantiated allegations of misconduct, and would require the signed release form to be used by the postsecondary educational institution to engage in a reasonable attempt to obtain that information. To the extent that these provisions would add additional duties on community college districts, the bill would impose a state-mandated local program. The bill would request the Regents of the University of California to (1) as part of the above-described hiring process for an academic or administrative position, require that the applicant disclose specified information determining that the applicant committed misconduct, as defined, including sexual harassment, (2) extend those applicant provisions to an applicant applying for an athletic position, (3) require applicants for specified positions to sign, as part of the hiring process, a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant's previous employers concerning any substantiated allegations of misconduct, and (4) require its campuses to use the signed release form to engage in a reasonable attempt to obtain that information. 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.