Assembly Bill 1905
Recent California legislation (AB 1905), effective January 1, 2025, prohibits any UC Administrator or Supervisor from providing an Official Letter of Recommendation if it is determined that the subject of the letter (the employee being recommended) is a respondent in a sexual harassment complaint and any of the following:
- there is a sustained finding that the employee committed sexual harassment,
- the employee resigned during an investigation and before a final determination, or
- the employee settled the complaint with the University.
This restriction applies to any Official Letter of Recommendation written for current and former employees, which includes academic appointees, staff employees, as well as student employees.
What is an Official Letter of Recommendation?
Official Letters of Recommendation for employment are defined as letters endorsed by the University and represent the views of the University as an employer.
Official Letters of Recommendation are different from personal references or letters of recommendation that represent the views of the individual letter writer and are provided in an individual capacity. Personal references or letters of recommendation (that are not an Official Letter of Recommendation) may only be issued on University letterhead or via a University-issued email address when the reference or letter clearly states that it is written from a personal viewpoint and does not represent the viewpoint of the University, such as:
“The following recommendation represents my personal perspective working with [name] and does not represent the viewpoints of the [campus] or the University of California system.”
Who qualifies as an Administrator or Supervisor?
Administrators and Supervisors include current department chairs, deans, provosts, and chancellors (and their subordinates such as vice chairs, associate or assistant deans, vice provosts, and vice chancellors), principal investigators, instructors of record, and any other academic appointee with supervisory authority, whether full-time or part-time, regardless of the current relationship between the letter writer and the requestor.
How To Request Approval for an Official Letter of Recommendation
If you are a Supervisor or Administrator requesting approval to write an Official Letter of Recommendation for a current or former employee, then you must:
- Have the current or former employee fill out the Letter of Recommendation Approval Form and return to you
- Submit the form to ophd@ucmerced.edu
After a thorough review, OPHD will reach out to the Supervisor/Administrator with a determination if they can proceed with writing an Official Letter of Recommendation or not.
Any questions regarding AB1905 or this process can be made to:
- laborrelations@ucmerced.edu - for staff employees
- academicpersonnel@ucmerced.edu - faculty, academic appointees
