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

3. C LASSIFIED E MPLOYEES

a. Conviction of Sex Offenses or Controlled Substance Offenses As with academic employees, the Education Code prohibits hiring or retaining any classified employee who has been convicted of a sex or controlled substance. 288 Also similar to the provisions applying to academic employees, the Education Code provides limited circumstances under which the prohibition against employment does not apply. However, the circumstances are more narrowly drawn, and differentiate between controlled substance and sex offenses. For classified staff and applicants convicted of a sex offense , employment is permitted only where the “conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him/her/them are dismissed.” A certificate of rehabilitation or pardon resulting in dismissal, or other proof of rehabilitation, does not overcome the conviction for the purposes of employment in the classified service.

For classified staff and applicants convicted of a controlled substance offense , the Education Code provides the following bases on which a convicted employee may be employed:

 The conviction has been reversed and the person acquitted of the offense in a new trial or the charges against him/her/them are dismissed; or  The district governing board determines, from the evidence presented, that the person has been rehabilitated for at least five years. 289

In the latter case, the governing board has the authority to determine the type and manner of presentation of the evidence. The governing board’s determination as to whether or not the person has been rehabilitated is final. b. Employment of Sexual Psychopaths As with academic employees, the Education Code 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. 290 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. 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 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.” 291 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.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 95