Misconduct Disclosure Requirement and Procedures

SB 791 / AB 810

Overview

California has enacted two significant laws aimed at enhancing transparency and accountability in the hiring practices of postsecondary educational institutions: Senate Bill 791 (SB 791) and Assembly Bill 810 (AB 810). These measures are designed to prevent individuals with histories of misconduct—particularly sexual harassment—from moving unnoticed between institutions.

What is SB 791?

Senate Bill 791 (SB 791) requires final candidates for faculty and administrative positions at California State University (CSU), the University of California (UC), and community college districts to disclose any final administrative or judicial decisions within the past seven years that found them responsible for sexual harassment. Candidates may also indicate if they have appealed such a decision.

What is AB 810?

Assembly Bill 810 (AB 810) expands the scope of misconduct beyond sexual harassment to include harassment, discrimination, unethical behavior, and other forms of misconduct. It also requires final candidates to sign a waiver allowing community college districts to contact prior employers for verification.

Pile of law books next to gavel

Who these requirements apply to:

These requirements apply to all final candidates for faculty and administrative positions, including interim and contracted roles, as well as any classified staff, short-term, student employees, and volunteer positions in Athletics. This includes internal candidates who are finalists for a new position at Cabrillo College.

This new requirement underscores Cabrillo’s dedication to a safe and respectful work environment. While a disclosure is not an automatic barrier to employment, it provides the necessary transparency for us to make informed hiring choices that uphold our institutional values and policies.

What constitutes misconduct:

Misconduct means any violation of the policies or laws governing conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies or laws prohibiting sexual harassment, sexual assault, or other forms of harassment, discrimination, dishonesty, or unethical conduct, as defined by the employer.

Hiring Process Pursuant to SB 791/AB 810

The information you provide is strictly confidential and will not be shared with managers or supervisors. The Cabrillo College Human Resources Department is the sole recipient of these resources.

Step 1: Initiate Employment Misconduct Disclosure (SB 791)

  • Finalists will be notified via email with a link to complete their necessary paperwork in the NEOED portal. This applies to all faculty, administrators/managers, and any position in athletics.

Step 2: Contact Previous Employers

  • Cabrillo College will make reasonable efforts to contact previous employers regarding misconduct, regardless of the candidate's response to the SB 791 Disclosure.

Frequently Asked Questions

Proposed hires must disclose any violation in the past seven (7) years of the policies or laws governing conduct at a candidate’s previous place of employment, including, but not limited to, violations of policies or laws prohibiting sexual harassment, sexual assault, or other forms of harassment, discrimination, dishonesty, or unethical conduct as defined by the previous employer. This includes decisions from educational institutions, employers, courts, or other relevant bodies.

A candidate who declines to complete the disclosure form is ineligible for hire. Failure to disclose required information can result in disqualification from the recruitment or appointment process, or termination of employment if the omission is discovered after hiring.

Disclosures are reviewed confidentially as part of the overall assessment of the final candidate. This information is used solely to determine suitability for the position and will not be shared beyond the HR department.

Not necessarily. The disclosed information will be reviewed as part of the overall assessment of the final candidate's suitability for the position.

The HR department will review responses from a final candidate’s misconduct disclosure questionnaire and any information obtained from previous employers.

The timeline varies. If no misconduct is disclosed, the process is quick. If misconduct is discovered, the

process may take longer to assess eligibility for hire.

Contact our team at: hr-confidential@cabrillo.edu