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



Any offense committed under former Health and Safety Code sections

11500-11503, 11557, 11715, and 11721; or



Any attempt to commit any of the above-mentioned offenses.

The Education Code also forbids community college district governing boards from employing,

or retaining in employment, persons who have been convicted of any controlled substance

offense.

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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.

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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.

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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.

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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.”

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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.

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