(a) (1) The trustees shall require, as part of the hiring process for an appointment to an academic or administrative position with the California State University, that the applicant 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.

(2) Applicants shall be permitted to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education.

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(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) “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.

(2) “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.

(3) “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.

(Added by Stats. 2023, Ch. 415, Sec. 2. (SB 791) Effective January 1, 2024.)