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

b. Employment of Sexual Psychopaths Related to the prohibition on employing individuals convicted of certain sex offenses, the Education Code prohibits employing or retaining in employment any academic 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. 279 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.

c. Drug Offenses The Education Code defines “controlled substance offenses” 280 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.

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. 281 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/her/them 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/she/they has been released from all disabilities and penalties resulting from the offense. 282

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. 283

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 93