California § 89521 - The trustees shall, as part of the hiring process for an appointment to an academ

§ 89521. The trustees shall, as part of the hiring process for an appointment to an academ

(a) The trustees shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with the California State University, do all of the following: (1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment. (B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education. (2) Require an applicant to 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 to the campus of the California State University concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement. (3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require campuses of the California State University to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct. (b) The California State University shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in subdivision (a), including any inquiry about an applicable decision on any employment application, until the California State University has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position. (c) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same campus. (2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court. (4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer. (5) “Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations. (6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.