Policy Text
Policy
351Fremont Police Department
Mandatory Employer Notification
351.1 PURPOSE AND SCOPE
The purpose of this policy is to describe the requirements and procedures to follow when a
public or private school employee (teacher and non-teacher) has been arrested under certain
circumstances.
351.2 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING
In the event a school employee is arrested for any offense enumerated below, the Chief of Police
or his/her designee is required to report the arrest as follows.
351.2.1 ARREST OF PUBLIC SCHOOL TEACHER
In the event a public school teacher is arrested for any controlled substance offense enumerated
in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section
relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal
Code § 290, Penal Code § 261(a), or Education Code § 44010, the Chief of Police or his/her
designee is mandated to immediately notify by telephone the superintendent of the school district
employing the teacher and to immediately give written notice of the arrest to the Commission on
Teacher Credentialing and to the superintendent of schools in the county where the person is
employed (Health and Safety Code § 11591; Penal Code § 291).
351.2.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE
In the event a public school non-teacher employee is arrested for any controlled substance offense
enumerated in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far
as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses
enumerated in Penal Code § 290, Penal Code § 261(a), or Education Code § 44010, the Chief of
Police or his/her designee is mandated to immediately notify by telephone the superintendent of
the school district employing the non-teacher and to immediately give written notice of the arrest
to the governing board of the school district employing the person (Health and Safety Code §
11591; Penal Code § 291).
351.2.3 ARREST OF PRIVATE SCHOOL TEACHER
In the event a private school teacher is arrested for any controlled substance offense enumerated
in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section
relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal
Code § 290 or Education Code § 44010, the Chief of Police or his/her designee is mandated
to immediately notify by telephone the private school authority employing the teacher and to
immediately give written notice of the arrest to the private school authority employing the teacher
(Health and Safety Code § 11591; Penal Code § 291.1).
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Published with permission by Fremont Police DepartmentMandatory Employer Notification - 1
Fremont Police Department
Mandatory Employer Notification
351.2.4 ARREST OF COMMUNITY COLLEGE INSTRUCTOR
In the event a teacher or instructor employed in a community college district school is arrested
for any controlled substance offense enumerated in Health and Safety Code § 11591.5 or Health
and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9),
or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the
Chief of Police or the authorized designee is mandated to immediately notify by telephone the
superintendent of the community college district employing the person, and shall immediately give
written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and
Safety Code § 11591.5; Penal Code § 291.5).
351.3 POLICY
The Fremont Police Department will meet the reporting requirements of California law to minimize
the risks to children and others.
351.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES
In the event an employee of a community treatment facility, a day treatment facility, a group home,
a short-term residential therapeutic program or a foster family agency is arrested for child abuse
(as defined in Penal Code § 11165.6) and the employee is free to return to work where children
are present, the investigating member shall notify the licensee of the charge of abuse (Health and
Safety Code § 1522.2).
Copyright Lexipol, LLC 2025/04/15, All Rights Reserved.
Published with permission by Fremont Police DepartmentMandatory Employer Notification - 2