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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

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.

C. P

ROPER

SE OF

RIMINAL

ECORDS

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.

However, as long as the prospective employee has not been convicted of a specified crime, the

District may hire that person. Whether an applicant or employee’s criminal record constitutes a

basis to deny employment will depend on the nature of the conduct giving rise to the

conviction.

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The mere fact of a criminal record does not afford a sufficient basis—in and of

itself—to deny employment to a CCD applicant or terminate an existing employee. Rather, for

most offenses, a district will have to show a nexus between the nature of the offense and the

duties of the position. Moreover, new Title VII regulations also restrict the use of criminal

records in making hiring decisions. (See Section 5, below, and Appendix I.)

If the District rejects any applicant based on information submitted by the DOJ, the Penal Code

requires the District to furnish a copy of the information to the applicant.

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The District can

either deliver the record in person or send it to the last contact information provided by the

applicant. See Appendix J for a sample letter to an applicant notifying them of rejection based

on criminal offender record information.

2. A

CADEMIC

MPLOYEES

a. Sex Offenses

Education Code explicitly forbids community college district’s governing boards from

employing, or retaining in employment, persons who have been convicted of any sex offense.

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The Education Code defines “sex offenses”

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as:



Any offense defined in Penal Code sections 261.5, 266, 267, 285, 286, 288,

288a, 647.6, or former 647a, 261 subdivisions (a)(2) and (3), 262

subdivisions (a)(1) and (2), or 647 subdivisions (a) and (d);



Any offense defined in former subdivision 5 of former Section 647 of the

Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense

defined in former subdivision 2 of former Section 311 of the Penal Code

repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in