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

offense. 277 However, district are prohibited from denying employment to an applicant or employee solely on the basis of such conviction in three circumstances:

 Where the conviction has been reversed and the person acquitted of the offense in a new trial, or the charges against him or her have been dismissed;  Where the person has obtained or applied for a certificate of rehabilitation and pardon and the person’s probation has been terminated and the information or accusation dismissed; or  Where the person has been rehabilitated for at least five years, or received a certificate of rehabilitation or pardon, or the accusation or information against the person has been dismissed and he or she has been released from all disabilities and penalties resulting from the offense. 278

These exceptions impact district’s rights and duties in two respects. First, it permits districts to hire or retain convicted applicants and employees who meet one of these criteria. Second, it prohibits rejecting or terminating an employee solely on the basis of the conviction, if the individual meets one of these criteria. This means that, where a district seeks to terminate an academic employee who was convicted of a sex or controlled substance offense, who has satisfied one of the above criteria, the district will have to establish statutory cause to terminate. 279 Further, districts must be careful not to allow four years to elapse before taking final action to terminate a convicted employee. Doing so could result in being precluded from terminating the employee. For example, if a district were to wait and the employee obtained a certificate of rehabilitation and dismissal in the interim, the District could no longer rely solely upon the conviction and could not dismiss because the underlying conduct was more than four years old. 280 d. Compulsory Leave of Absence upon Being Charged with Sex or Controlled Substance Offense In conjunction with the mandatory termination of employees convicted of sex or controlled substance offenses, the Education Code permits districts to place academic employees charged with these offenses on a compulsory leave of absence, “for a period of time extending for not more than 10 days after the date of the entry of the judgment in the proceedings.” 281 The compulsory leave may be extended beyond the 10 days by serving upon the employee, within the 10 days, notice that the employee will be dismissed in 30 days unless the employee demands a hearing. 282 Compulsory leave under this section is unpaid, unless the employee posts a bond. If the employee is subsequently acquitted, or the charges dismissed, the district must reimburse the employee for the cost of the bond (if posted) or pay the employee for the period of absence. The duty to reimburse does not apply, however, if the district seeks to reinstate the acquitted employee, and he or she fails or refuses to return to work.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 93