Common use of Compulsory Dismissal Clause in Contracts

Compulsory Dismissal. The district shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education Code 44010 or any controlled substance offense as defined in Education Code 44011. However, the district may employ a person convicted of a controlled substance offense if the Board determines from the evidence it requires that the person has been rehabilitated for at least five years. If any such conviction is reversed and the person acquitted or charges dismissed except as otherwise provided below, the employee may be reemployed by the district, although reemployment is not a guarantee. (Education Code 45123) The district reserves the right to dismiss an employee for any acts upon which the original criminal charges were based, despite the disposition by the courts. If dismissal is recommended and upheld, an employee will not be reemployed or compensated for the time he/she was suspended unless otherwise required by law. An employee shall be given notice of the possibility of not being reimbursed during mandatory suspension if he/she is ultimately dismissed for the acts upon which the original charges were based. Legal Reference: EDUCATION CODE 35161 Delegation of powers and duties 44009 Conviction of specified crimes 44010 Sex offense 44011 "Controlled substance offense" defined 44940 Leave of absence; employee charged with mandatory or optional leave of absence offense 44940.5 Compulsory leave of absence; procedures; extension; compensation; bond or security; reports 45101 Definitions (including "disciplinary action," "cause") 45109 Fixing of duties 45113 Rules and regulations for classified service in districts not incorporating the merit system 45123 Employment after conviction of sex or narcotics offense 45302 Demotion and removal from permanent classified service 45303 Additional cause for suspension or dismissal of employees in classified service 45304 Suspension for reasonable cause; filing of charges; employee charged with mandatory or optional leave of absence offense VEHICLE CODE

Compulsory Dismissal. The district shall not employ or retain in employment any person who has been convicted of any sex offense as defined in Education Code 44010 or any controlled substance offense as defined in Education Code 44011. However, the district may employ a person convicted of a controlled substance offense if the Board determines from the evidence it requires that the person has been rehabilitated for at least five years. If any such conviction is reversed and the person acquitted or Appendix E charges dismissed except as otherwise provided below, the employee may be reemployed by the district, although reemployment is not a guarantee. (Education Code 45123) The district reserves the right to dismiss an employee for any acts upon which the original criminal charges were based, despite the disposition by the courts. If dismissal is recommended and upheld, an employee will not be reemployed or compensated for the time he/she was suspended unless otherwise required by law. An employee shall be given notice of the possibility of not being reimbursed during mandatory suspension if he/she is ultimately dismissed for the acts upon which the original charges were based. Legal Reference: EDUCATION CODE 35161 Delegation of powers and duties 44009 Conviction of specified crimes 44010 Sex offense 44011 "Controlled substance offense" defined 44940 Leave of absence; employee charged with mandatory or optional leave of absence offense 44940.5 Compulsory leave of absence; procedures; extension; compensation; bond or security; reports 45101 Definitions (including "disciplinary action," "cause") 45109 Fixing of duties 45113 Rules and regulations for classified service in districts not incorporating the merit system 45123 Employment after conviction of sex or narcotics offense 45302 Demotion and removal from permanent classified service 45303 Additional cause for suspension or dismissal of employees in classified service 45304 Suspension for reasonable cause; filing of charges; employee charged with mandatory or optional leave of absence offense VEHICLE CODE