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.