4.2 Disqualification of Applicants & Candidates
4.3 Equal Employment Opportunity
4.1.1 FILING OF APPLICATIONS: All applications for employment shall be made on the official forms furnished by the Commission. Every item shall be answered in full and the application shall be signed by the applicant and filed in the Personnel Commission Office on or before the time and date specified in the official vacancy notice.
126.96.36.199 Applicants taking more than one examination must file a separate and complete application for each examination unless otherwise directed.
188.8.131.52 For reporting purposes, questions regarding ethnicity, sex, age, and disability, and other protected categories under federal and state laws shall be answered on a separate form. Answers to such questions shall be voluntary, and no other information shall be requested relative to race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sex, sexual orientation, age or other protected categories under federal and state laws prior to employment. Questions regarding an applicant’s ability to do the job may be asked. Amended 5/18/99 and 4/3/07
184.108.40.206 The application form shall require that each applicant indicate whether or not he/she has been convicted of a crime. If an applicant states that he/she has been convicted of a crime, then such applicant shall be required to provide the Commission with detailed information pertaining to all convictions on a separate form. An applicant may be disqualified based on a conviction as set forth in Rule 4.2.1 to the extent permitted by law. Amended 5/18/99
220.127.116.11 Applications and examination papers are confidential and become the property of the Personnel Commission, and shall not be returned to the applicant.
REFERENCE: Education Code Sections 45260 and 45272
4.1.2 GENERAL QUALIFICATIONS OF APPLICANTS: All applicants must possess all other requirements that are specified in the qualifications established for the class. Amended 5/18/99, 12/2/03
18.104.22.168 Every qualified applicant shall have an opportunity to seek, obtain, and hold permanent employment without discrimination because of race, religious creed, religious dress, and/or grooming practices, color, national origin, ancestry, disability, medical condition, employee organization membership or nonmembership and legal activities related thereto, marital status, sex, lactating employees, age, sexual orientation, or gender identity, or other protected categories under federal and state laws (as defined in Government Code Section 12926).
22.214.171.124 Residency within the District shall not be a condition for filing applications or offering employment except in the case of restricted positions, which require specific residency.
126.96.36.199 No maximum age limit shall be set as a condition for initial or continued employment in the District.
188.8.131.52 Applicants with disabilities protected under the law shall be given equal employment opportunity. Amended 4/3/07
1. Education Code Sections 45111, 45134, 45260, 45272
2. Government Code Sections 12921, 12926 and 12940
4.1.3 EDUCATION SUBSTITUTION AND ACCEPTANCE: Where college training is required, credit will be given only for work completed in recognized colleges and universities listed in the "Directory of Postsecondary Institutions, Volume 1" published by the U. S. Department of Education, as accredited institutions.
184.108.40.206 Credits from an institution not listed in the Directory shall be accepted if such credits are accepted by an accredited institution so listed.
220.127.116.11 Where graduation from a four (4) year college or university is required, a degree from a school which this Directory lists as less than a four-year school will not be accepted.
18.104.22.168 Credit will be given for work done with an accredited correspondence school, where such work is comparable to that offered by a four-year college or university. Completion of such a correspondence source of study will be considered equivalent to a degree from a regular four-year college or university, and partial completion of such a course of study will be prorated on the basis of percent completed.
22.214.171.124 Education beyond high school will be prorated with thirty (30) semester units or forty-five (45) quarter units considered equal to one (1) year of experience or one (1) year of school. Credits in excess of the equivalent of two (2) years, in order to be credited, must be in upper division work.
126.96.36.199 College training shall substitute for experience in those circumstances in which it is possible to establish a direct relationship between such training and duties of the class.
188.8.131.52 Specific course work and units within a class will not be eligible for substitution. Amended 10/5/94
4.1.4 EXPERIENCE SUBSTITUTION AND ACCEPTANCE: Appropriate experience will substitute for formal college training in examinations in which it is possible to establish a direct relationship between such experience and the duties of the class.
184.108.40.206 Where journey level status is required, completion of apprenticeships, possession of a journey license, or salaries at a journey level will be acceptable evidence of such status if the applicant's work record indicates an appropriate number of year experience in the field.
220.127.116.11 In evaluating applications for examination, total qualifying experience will be rounded to the nearest full month.
18.104.22.168 In interpreting qualification of promotional candidates, time spent in military service (active) shall be evaluated either as experience in the class from which the candidate left to go into military service or as experience in the service classification whichever shall be to the candidate's advantage.
22.214.171.124 Credit will not be given for experience obtained while working overtime, out-of-class (in a noncompensation status), in relief of a supervisor or while working on a part-time job in addition to a regular full-time job, which also provides qualifying experience.
126.96.36.199 When qualifying experience is only part of an applicant’s total responsibility on a job, credit will be given only for such portion of time actually involved in the qualifying work.
188.8.131.52 Experience requirement shall normally be stated in terms of full-time work.
184.108.40.206 Unpaid volunteer experience may be accepted provided it is equivalent to the required experience and, upon request by the Commission staff, the applicant provides verification from the volunteer agency specifying the period of service, amount of time worked during this period and the duties and responsibilities performed by the volunteer.
220.127.116.11 Part-time volunteer or paid experience will be credited only in proportion to the hours worked as they equate to a normal full-time week. Amended 10/5/94
REFERENCE: Education Code Sections 45260, 45261, and 45272
4.2 DISQUALIFICATION OF APPLICANTS & CANDIDATES
4.2.1 CAUSES FOR DISQUALIFICATION: An applicant may be refused initial admittance to an examination and a candidate may be disqualified from further competition for any of the following reasons:
18.104.22.168 Failure to meet the general qualifications of Rule 4.1.2.
22.214.171.124 Advocacy of the overthrow of the Government of the United States or the State of California by force, violence, or other unlawful means.
126.96.36.199 Conviction, either by a plea or verdict of guilty or nolo contendere, a court decision of a sex or narcotics offense as defined in Education Code Sections 44010 or 44011.
188.8.131.52 A history of drug addiction without acceptable evidence of rehabilitation to the extent consistent with federal and state laws. Amended 4/3/07
184.108.40.206 Any conviction, other than a sex or narcotics conviction as defined in Education Code Sections 44010 and 44011, may disqualify an applicant if the criminal conviction(s) is sufficiently serious to require disqualification from employment. The following factors shall be considered in determining whether an applicant's criminal conviction(s) shall disqualify the applicant:
a)Nature, seriousness, and circumstances of the offense(s)
b)Recency of the conviction
c)Number of convictions
d)Relationship of the offense(s) to the position for which applicant has applied
e)Age of applicant when convicted Amended 5/18/99
220.127.116.11 A determination that the applicant is a sexual psychopath.
18.104.22.168 Making a false statement or intentionally omitting a significant statement of a material fact requested on the application form.
22.214.171.124 Practicing any deception or fraud in connection with an examination or to secure employment.
126.96.36.199 Obtaining or attempting to obtain either directly or indirectly, privileged information regarding test questions or examination content.
188.8.131.52 Dismissal from previous employment for cause if the cause would have subjected the applicant to dismissal by the District under these Rules.
184.108.40.206 Previous dismissal from the District to the extent permitted by federal and state laws.
220.127.116.11 A record of unsatisfactory service within the District as evidenced by a disciplinary action, a work improvement notice, unsatisfactory job performance notice, or a resignation in lieu of dismissal.
18.104.22.168 Dishonorable discharge from the Armed Forces of the United States.
22.214.171.124 Refusal to furnish testimony, other than self-incriminating testimony, at a hearing or investigation before the Personnel Commission or the Board of Education.
126.96.36.199 Unsatisfactory health conditions which clearly indicate that the applicant or candidate would be unable to perform the essential functions of the job with or without reasonable accommodation or would endanger his/her health and safety or the health and safety of others to the extent permitted under federal and state laws. Amended 5/18/99 and 4/3/07
188.8.131.52 Attempting to or making contact with any member of the Board of Education or the Personnel Commission with the intent of attempting to favorably influence the recruitment, examination, and/or selection process in any way. Exempted from this restriction would be any formal appeal of the recruitment/examination/selection process to the Personnel Commission as a whole by any candidate through the established appeal process.
184.108.40.206 Failure, after due notice, to report for review of any of the above causes for disqualification.
220.127.116.11 Failure to report for duty after an assignment has been offered and accepted to the extent permitted under federal and state laws.
REFERENCE: Education Code Sections 45111, 45122, 45123, 45124, 45134, 45260, 45261, and 45303
4.2.2 APPEAL FROM DISQUALIFICATION: Any applicant, candidate, and/or eligible disqualified based on Rule 4.2 shall be notified in writing, indicating the reasons for disqualification and advising the individual that he/she has four (4) days from receipt of notification to appeal the decision to the Director of Classified Personnel.
18.104.22.168 Anyone who has appealed a disqualification shall conditionally be permitted to take the examination pending final decision.
22.214.171.124 Upon receipt of an appeal, the Direction-Personnel Commission shall conduct an investigation. If the decision is in favor of the applicant, the applicant shall be notified and given rights as though the disqualification had not occurred. If the decision is to deny the appeal, the applicant may appeal to the Commission within five (5) days after being notified. Amended 5/18/99
126.96.36.199 Upon receipt of an appeal, the Commission shall conduct a hearing and shall receive evidence and render a decision within fourteen (14) calendar days. If the Commission's decision is in favor of the applicant, the applicant shall be given rights as though the rejection had not occurred. The decision of the Personnel Commission is final and binding on all parties. Amended 5/18/99
188.8.131.52 Appointments may be made from available eligibles pending final decision on the appeal (unless ordered otherwise by the Personnel Commission), and shall not be changed even though the outcome is in the appellant's favor, unless such appointments were fraudulently made.
REFERENCE: Education Code Sections 45260 and 45261
4.2.3 SUBMITTING PROOF OF VETERAN'S CREDIT: Any applicant who claims veteran's credit must submit DD Form 214 at the time of the employment application and at the time of the examination. Failure to submit DD Form 214 at the time of application shall result in no veteran's credits being considered or added to any passing score.
REFERENCE: Education Code Sections 45260, 45261, 45294, 45295, 45296
4.2.4 APPLICANT'S NAMES NOT TO BE MADE PUBLIC: The names of applicants or unsuccessful candidates in any of the District's selection processes shall not be made public.
REFERENCE: Education Code Sections 45260 and 45261
4.3 EQUAL EMPLOYMENT OPPORTUNITY
4.3.1 GENERAL STATEMENT: The Personnel Commission recognizes that the District should make employment decisions that provide equal employment opportunities for all. Amended 5/18/99
4.3.2 EQUAL EMPLOYMENT OPPORTUNITY/MERIT SYSTEM: The Personnel Commission will: ensure that all classified personnel actions are conducted without regard to race, color, age, religious creed, religious dress and/or grooming practices, sex, lactating employees, sexual orientation, sexual identity, national origin, Vietnam Era or disabled veteran status, marital status, ancestry, medical condition, physical handicap or disability, or any other protected categories under federal and state law; ensure employment and promotion decisions are made in a manner to further the principles of equal employment opportunity and Merit System principles. Amended 5/18/99, 4/3/07
4.3.3 POSITION QUALIFICATIONS: The Personnel Commission will: establish essential position qualifications that can be validated as job oriented and as such do not exclude qualified candidates; encourage recruitment procedures that are directed toward the fulfillment of equal opportunity and ensure that examinations are valid. Amended 5/18/99