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HomeEducation CodeCh. 4Art. 3§ 88123 Employee Discipline Procedures

§ 88123 Employee Discipline Procedures

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
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§ 88123 Employee Discipline Procedures

Key Takeaways

  • •If an employee does something really bad, they can be suspended without pay for up to 30 days, or even fired or demoted.
  • •If an employee is accused of a serious crime like a sex offense or drug crime, they can be suspended immediately for up to 10 days after the court makes a decision.
  • •During this suspension, the employee can keep getting paid if they promise to pay the money back if they are found guilty.
  • •If the employee is found not guilty, the district will pay them back for any money they lost during the suspension.

Example

A teacher is accused of selling drugs.

The school can suspend the teacher right away for up to 10 days after the court decides. The teacher can keep getting paid if they promise to pay the money back if they are found guilty. If the teacher is found not guilty, the school will pay them back for any money they lost.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 88123 Employee Discipline Procedures

For reasonable causes, an employee may be suspended without pay for not more than 30 days , except as provided in this section, or may be demoted or dismissed. In such case, the personnel director, shall within 10 days of the suspension, demotion, or dismissal, file written charges with the commission and give to the employee or deposit in the United States registered mail with postage prepaid, addressed to the employee at his or her last known place of address, a copy of the charges. Whenever an employee of a community college district is charged with the commission of any sex offense, defined in Section 87010, or any narcotics offense, as defined in Section 87011, or a violation of Sections 11357 to 11361, inclusive, 11363, 11364, or 11377 to 11382, inclusive, insofar as such sections relate to, any controlled substances in paragraph (4) or (5) of subdivision (b) of Section 11056, or any controlled substances in subdivision (d) of Section 11054, except paragraphs (10), (11), (12), and (17) of such subdivision, of the Health and Safety Code by complaint, information, or indictment filed in a court of competent jurisdiction, the governing board of the district may immediately suspend the employee for a period of time extending for not more than 10 days after the date of the entry of the court judgment. However, the suspension may be extended beyond such 10-day period in case the governing board gives notice within such 10-day period that it will dismiss the employee 30 days after the service of the notice, unless the employee demands a hearing. An employee so suspended shall continue to be paid his or her regular salary during the period of the suspension if and during such time as he or she furnishes to the district a suitable bond, or other security acceptable to the governing board, as a guarantee that the employee will repay to the district the amount of salary so paid to him or her during the period of the suspension in case the employee is convicted of such charges, or the employee does not return to service after such period of suspension. If the judgment determines that the employee is not guilty of such charges, or if the complaint, information, or indictment is dismissed, the district shall reimburse the employee for the cost of the bond; or, if the employee has not elected to furnish such bond, the district shall pay to the employee his or her full compensation during the period of the suspension; provided the employee returns to service after such period of suspension. (Amended by Stats. 1980, Ch. 514, Sec. 6.)

Last verified: January 23, 2026

Key Terms

judgmentcommissioncrimefiremotionhealthemployeeemployer

Related Statutes

  • § 88126 Employee Reinstatement And Compensation
  • § 88097 Employee Notice Posting Requirements
  • § 88064 Community College Commission Eligibility
  • § 88080 Merit-Based Employee Selection Rules
  • § 88083 Apprentice Position Classification Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 88123.
View Official Source