Assembly Bill 810 (AB 810) states the intent of the Legislature to enact policies that will prevent a common issue across institutions of higher education known as “passing the harasser.”
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.
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 or judicial decision issued within the last seven years determining that the applicant committed sexual harassment. This inquiry may not occur before the subject entity has determined that the applicant meets the minimum employment qualifications for the position.
AB 810 extends this requirement to athletic position appointments. The bill also requests the governing boards or bodies of independent institutions of higher education that receive state financial assistance to adhere to this requirement.
AB 810 further requires any postsecondary educational institution, as defined, during the process of authorizing a person to serve as a volunteer in its athletic department, to contact the individual’s current or former employer to determine if the individual violated any employment policies.
Finally, AB 810 requests the governing boards or bodies of independent institutions of higher education that receive state financial assistance, and requires 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 sign a release form that authorizes the release of information by the applicant’s previous employers concerning any substantiated allegations of misconduct, and requires the signed release form to be used by the postsecondary educational institution to engage in a reasonable attempt to obtain that information. The bill requests that the UC Regents adhere to similar requirements for all persons who apply for an academic or athletic position with the University of California.
(AB 810 adds sections 66281.9, 67459, and 92612.2 to the Education Code, and amends sections 87604.5, 89521, and 92612.1 of the Education Code.)