No person shall be employed or retained in employment by a community college district who has been convicted of any sex offense as defined in Section 87010 or controlled substance offense as defined in Section 87011. If, however, any such conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter.
Further, the Governing Board may employ a person convicted of a controlled substance offense or a sex offense if the Board determines from the evidence presented that the person has been rehabilitated for at least five years.
The Governing Board shall determine the type and manner of presentation of the evidence, and the determination of the Governing Board as to whether or not the person has been rehabilitated is final.
In determining whether a person convicted of either a sex offense or a controlled substance offense has been rehabilitated, the Board shall be guided by Section 87405 (c). Further, no person shall be denied employment or not be retained in employment if the person has been certified as rehabilitated and pardoned as prescribed in Section 87405(b).
No person shall be employed or retained in employment who has been determined to be a sexual psychopath under Sections 6300 et. seq., Welfare & Institutions Code, or under similar provisions of law of any other State.
If, however, such determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding or the proceeding to determine whether he is a sexual psychopath is dismissed, this section does not prohibit his employment thereafter.
California Education Code, Sections 88022, 88023, 87405, and 87406. (Formerly Governing Board Policy 5030)
Revised and Adopted 10-1-85, 4-4-95, 4-6-98, 9-16-02 , 4-1-03