Human Resources Academy II for Community College Districts

2. E MPLOYMENT OF S EXUAL P SYCHOPATHS As with academic employees, Education Code section 88023 prohibits employing or retaining in employment any classified employee, “who has been determined to be a sexual psychopath,” pursuant to Section 5500 of the Welfare and Institutions Code, or similar provisions of law of any other state. The section does not apply, however, if the determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding, or the proceeding is dismissed. 3. A CCESS TO C RIMINAL R ECORDS Education Code section 88024 provides procedures for accessing the criminal records of non- academic employees. This provision describes the same general process as 88024, with the preparation of identification cards by local law enforcement that are then forwarded to the Department of Justice for background checks. However, the procedure differs from that of academic employees (Education Code section 87013) in two key respects:

 The section states that for each person employed, or to be employed in a non-academic position, the governing board “ shall ” within 10 working days of the date of employment, require the employee to have identification cards prepared by a local law enforcement agency.  Rather than utilize the Department of Justice, a district with full-time equivalent students of at least 60,000 may process the cards itself.

Substitute and temporary employees, employed for less than a school year, may be exempted from these provisions. Further, the section does not apply to a district that has an average daily attendance of at least 400,000, or to a community college district wholly within a city and county, unless the governing board provides for adherence to this rule. 4. C OMPULSORY L EAVE OF A BSENCE UPON B EING C HARGED WITH S EX OR C ONTROLLED S UBSTANCE O FFENSE —M ERIT D ISTRICTS In conjunction with the mandatory termination of employees convicted of sex or controlled substance offenses, Education Code section 88123 permits merit districts to place non-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.” 5 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 pursuant to section 87737. 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.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 14