Human Resources Academy II for Community College Districts

2. D RUG O FFENSES

Education Code section 87011 defines “controlled substance offenses” as:

 Any offense in Health and Safety Code sections 11350-11355, 11366, 11368, 11377-11382, and 11550;  Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the above-mentioned offenses;  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.

C. A CADEMIC E MPLOYEES

1. C ONVICTION OF S EX O FFENSES OR C ONTROLLED S UBSTANCE O FFENSES Education Code section 87405 explicitly forbids community college districts governing boards from employing, or retaining in employment, persons who have been convicted of any sex or controlled substance offense, as defined in sections 87010 and 87011. However, section 87405 prohibits districts 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.

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 pursuant to section 87732.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 11