Interim Letter of Recommendation Guidance for Staff - Personnel (AB 1905) Issuance - December 19, 2024

Sep 13, 2026

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Interim guidance explains why California’s AB 1905 requires public postsecondary institutions to adopt a written policy governing employment letters of recommendation as a condition of state funding. It outlines new compliance steps for administrators and supervisors when drafting Official Letters, including consultation before writing, and prohibitions on providing official letters when an employee is a sexual harassment complaint respondent under specified outcomes. It also clarifies scope, definitions, and how personal letters differ and must be clearly framed as individual perspectives.

LanguageEnglish

CategoryLetters

FormatPDF

Pages2

Reading Time1 min

AccessFree to download

Questions and Answers for Staff Personnel

AB 1905 requirement and restriction rationale

New requirements for Official Letters of Recommendation

Scope of the restriction

Definition of Official vs personal letters

Who qualifies as an administrator or supervisor

Whether staff employees may provide personal letters

Appropriate entities and local procedures

Interim Letter of Recommendation Guidance for Staff Personnel (AB 1905) Issuance – December 19, 2024 Questions and Answers for Staff Personnel 1. Why is the University of California required to restrict the ability of administrators and supervisors to provide staff personnel with letters of recommendation? Effective January 1, 2025, AB 1905,“Public Postsecondary Education: Employment: Settlements, Informal Resolutions, and Retreat Rights,” adds section 66281 to the California Education Code. This law requires all public postsecondary education institutions to adopt a written policy regarding letters of recommendation, among other requirements, as a condition of receiving state funding. 2. What are the new requirements about letters of recommendation? The University of California [“UC”] is required to adopt a policy about letters of recommendation that includes the following requirements: • Any administrator or supervisor who elects to provide an Official Letter of Recommendation to an employee must consult with the appropriate UC entities prior to drafting the recommendation letter, to determine whether the employee is a respondent in a sexual harassment complaint filed with the University. • Administrators and supervisors are prohibited from providing an Official Letter of Recommendation if it is determined that the employee is a respondent in a sexual harassment complaint and any of the following has occurred: o There is a final administrative decision (sustained finding) that the employee committed sexual harassment. o The employee resigned while an investigation is pending and before a final administrative decision is made. o The employee enters into a settlement with the University based on allegations arising from a sexual harassment complaint. 3. Does this restriction apply to all employees, or just staff employees? This restriction applies to any Official Letter of Recommendation written for current and former employees including staff and student employees and academic appointees. 4. What is an Official Letter of Recommendation, and how is it different from a personal letter of recommendation? Official Letters of Recommendation for employment are endorsed by the University and represent the views of the employer. The requirements in Question \#2 above apply only to Official Letters of Recommendation. 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) written by current Administrators and Supervisors, as defined in Question \#5 below, are often perceived as being Official Letters of Recommendation by virtue of their position. It is essential that Administrators and Supervisors include the language in Personal Letters of Recommendation so that it is clear their letter represents their own personal perspective of the individual. Personal letters should not be issued on university letterhead. Generally, personal email addresses should be used for personal references or letters instead. If university-issued email addresses are used for the issuance of personal references or letters, then the recommendation must be explicit that the reference/letter is provided in a personal capacity and does not represent the University’s views. 5. Who qualifies as an Administrator or Supervisor? Generally, a supervisor is a person who has supervisory duties over other UC employees. An administrator is generally a person whose duties include running the daily administrative operations of the university. Additional guidance regarding these definitions is forthcoming, and will be provided in early 2025. 6. Can a staff employee provide a personal letter of recommendation? Yes. Staff employees may provide references or letters in a personal capacity,

FAQs

Why is UC required to restrict administrators’ and supervisors’ ability to provide letters of recommendation?

Effective January 1, 2025, AB 1905 adds section 66281 to the California Education Code, requiring public postsecondary institutions to adopt a written policy regarding letters of recommendation as a condition for state funding.

What are the new requirements for Official Letters of Recommendation?

Administrators and supervisors must consult appropriate UC entities before drafting an Official Letter to determine whether the employee is a respondent in a sexual harassment complaint. They are prohibited from providing an Official Letter if certain conditions apply, including a sustained finding, resignation during an investigation, or a settlement based on allegations.

How do Official Letters of Recommendation differ from personal letters, and how must personal letters be framed?

Official Letters are endorsed by the University and represent the employer’s views, while personal references represent the individual writer’s views. Personal letters should not use university letterhead; if university-issued email addresses are used, the recommendation must explicitly state it is provided in a personal capacity and does not represent the University’s views.

Sep 13, 2026

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