No certificated employee shall write or sign any letter or memorandum which intentionally omits significant facts, or which states as facts matters which the writer does not know of his/her own knowledge to be true, relating to the professional qualifications or personal fitness to perform certificated services of any person who the writer knows will use the letter or memorandum to obtain professional employment. (5 CCR, Section 80332)
No certificated employee shall agree to provide a positive letter of recommendation which misrepresents facts as a condition of another employee's resigning or withdrawing action against the district. (5 CCR, Section 80332)
Legal Reference:
LABOR CODE
1050-1054 Reemployment privileges
CIVIL CODE
47 Privileged communication
CODE OF CIVIL PROCEDURE
527.3 Labor disputes
CODE OF REGULATIONS, TITLE 5
80332 Professional candor and honesty in letters or memoranda of employment recommendation
COURT DECISIONS
Randi W. v. Muroc Joint Unified School District et al., (1997) 14 Cal. 4th 1066
Regulation MENIFEE UNION SCHOOL DISTRICT
approved: May 12, 1998 Menifee, California
reviewed: October 23, 2007
revised: December 12, 2017