Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

the receipt of the written request. (Sample inspection policies can be found at Appendices G and H of this book.)

The following may be worth considering as a checklist for an employee’s inspection procedure:

 Require the employee to provide a written request for access to the file.

 Review the file to determine whether any of the statutory exemptions apply (e.g., letters of reference regarding county employee, criminal investigations). If so, remove such documents from the file.  Determine whether any of the documents in the file are from individuals who have been given an assurance of confidentiality. If so, remove such documents from the file.

 Enter a notation indicating date and time of employee’s inspection.

Some states expressly require employees to submit a written form requesting access to their personnel file. The purpose of such a requirement is to identify the requesting individual and to avoid disclosure to ineligible individuals. Even though California does not expressly provide for this requirement, employers should maintain records of requests to inspect personnel files together with detailed information concerning the inspection. For example, the records custodian should record the time the inspection occurred and identify which documents were reviewed and copied. The custodian may also wish to obtain from the requesting employee a signed statement that the inspection occurred. Detailed records concerning the inspection of personnel files will provide evidence of an employer’s compliance with the access statutes. 1. I NTRODUCTION For certain sex and drug offenses, discussed below, the Education Code establishes specific requirements and prohibitions regarding the employment of individuals convicted of certain drug and sex offenses. Specifically, the Education Code prohibits the employment of academic and classified employees charged with these specified offenses, except under certain limited circumstances. Additionally, the Education Code permits the District to place employees charged with such offenses on immediate unpaid leave. Community college districts must conduct criminal conviction checks in order to determine if the academic or classified applicant has been convicted of one of the Education Code enumerated sex or drug offenses. Given this, we believe that it is permissible for community college districts to make inquiries regarding convictions to academic or classified applicants prior to making a conditional offer of employment because the Education Code specifically requires it. We recommend, though, that those early inquiries are limited to whether the applicant has been convicted of one of the Education Code enumerate sex or drug offenses. C. P ROPER U SE OF C RIMINAL R ECORDS

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 90