LOS ANGELES COMMUNITY COLLEGES PERSONNEL GUIDE B 530 CONVICTIONS – Standards of Employment ISSUE DATE: ISSUED BY: SERVICE: CHANGES: REPLACES: DISTRIBUTION: 5-18-77 Office of Personnel Operations Unclassified (Students) Education Code reference changed. PG B530 (7-21-76) General (See PG: B339 for decoding) Employment Standards for Students with Conviction Records 1. Policy EMPLOYMENT OF STUDENTS WITH CRIMINAL RECORDS. A student's prior criminal record or parole status shall not be considered with respect to whether he or she is eligible to be employed in the unclassified service to perform non-instructional duties. (Board Rule 101107) 2. 3. Exceptions a. Education Code Section 88023 prohibits the employment of students determined to be sexual psychopaths. However, it should be emphasized that the mere conviction of a sex crime may not, in all cases, be sufficient to establish a person as a sexual psychopath. (The Board of Trustees shall make the final determination as to whether a particular student-applicant is a sexual psychopath.) b. It is recognized that there may be a few exceptional cases in which the employment of a particular student would not be in the best interests of the District. The Board of Trustees shall make the final determination as to whether the facts justify the conclusion that the employment of a particular student is not in the best interests of the District. Education Code Education Code Section 87010 and 87011 prohibits the employment of students-in an instructional position who have been convicted of any crimes listed below. However, such student would still be eligible to be employed in a non-instructional position. Sex Crimes (Ed. Code 87010) Penal Code Sections 266 – Enticing 267 – Abduction 285 – Incest Narcotics Crimes (Ed. Code 87011) Health and Safety Code Sections (New Code Sections in Parentheses) 11500 - Possession of Narcotics (11350) 11500.5 - Possession of Narcotics with prior conviction (11351) 11501 - Possession for Sale of 286 - Crimes Against Nature 288 - Crimes Against Children 288a -Sex Perversion 647a - Annoying or Molesting Children 261.3 - Rape by Force or Violence 261.4 - Rape by Threats of Bodily Harm, etc. 647(a) - Lewd Conduct 647(d) - Loitering for Purposes of Soliciting any Lewd Act 314 - Indecent Exposure 272 - Contributing to the Delinquency of a Minor Involving Crimes of Lewd and Lascivious Nature Narcotics (11352) 11502 - Soliciting of a Minor with prior conviction (11353) 11502.1 - Solicitation of a Minor by a person under 21 (11354) 11503 - Sell, Transport, etc., of any Substance Purported to be Narcotics (11355) 11557 - Maintaining of Place (11366) 11715 - Forgeries of Narcotic and Prescriptions (11368) 11721 - Under the Influence of Narcotics (11550) Note: The Education Code further provides that a student with a conviction resulting from an attempt to commit any of the above mentioned offenses or a conviction resulting from an offense committed or attempted in any other state which was of a similar nature may only be employed in non-instructional positions. 4. College President's Responsibilities a. The college president shall refer to the Board of Trustees for final determination only those cases in which the president has personall made an initial determination that either of the above exceptions applies to a particular student. b. The Board of Trustees' decision to either affirm or disaffirm the president's initial determination shall be based primarily on the adequacy of the president's report to the Board. c. A mere recommendation by a college president, inadequately supported, will be given little weight. d. In order to avoid delays that would vitiate the Board's policy, it shall be the personal responsibility of the president to provide the Board with a report as expeditiously as possible. 5. Report of a Conviction Form Students making application for employment will be required to fill out the Report of Conviction Form (C274-6) prior to employment. A copy of this form shall be forwarded along with the processing forms to the Personnel Operations Branch. 6. Effect of Expungement Education Code Section 87008 provides that for the purpose of employment an expungement shall not have any effect. 7. Fingerprinting Fingerprints shall be required of each applicant for employment whose duties include working with minors (Board Rule 10108.10). Fingerprint cards should be forwarded along with a copy of the conviction statement and other processing forms to the Personnel Operations Branch.