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 U SE OF C RIMINAL R 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. 266 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. 267 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 E 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. 268 The Education Code defines “sex offenses” 269 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

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