Policy Text
DEPARTMENTAL
GENERAL ORDER P-6 Index as: Offenses Involving School Personnel Effective Date:
10 Jul 09
Evaluation Coordinator:
YFSD Commander
Evaluation Due Date:
11 Jan 10
Automatic Revision Cycle:
3 Years
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OFFENSES INVOLVING SCHOOL PERSONNEL
The purpose of this order is to set forth proced ures for reporting the arre st or involvement of
school teachers or employees in morals or controlled subs tances offenses.
I. ARRESTS WHICH MUST BE REPORTED
A. Penal Code (PC) Offe nses/Public School Teachers and Employees
Section 291 PC requires the Chief of Police to make immediate telephone and
written notification to appropriate school officials whenever a public school
teacher or other employee is arrested for an offense listed in Section 290(a) PC
or for a violation of Section 261 PC, or Section 44010 of the Education Code.
1. Section 290 PC lists offenses whic h, upon convicti on, require the
person to register as a sex o ffender. Offenses listed in
Section 290 PC are:
a. Assault with intent to comm it Rape or Sodom y under Section
220 PC;
b. Sections 261(l) - 261( 4) and 261(6) PC;
c. Section 264.1 PC;
d. Sections 266-267 and 269 PC;
e. Sections 285 – 286 PC;
f. Sections 288, 288a, 22 8.5,288.7 and 289 PC;
g. Section 647.6 PC;
h. Section 647(d) PC;
i. Sections 311.2 through 311.12;
j. Sections 314.1 and 314.2 PC;
k. Lewd and Lascivious C onduct under Section 272 PC;
l. Any felony violation of Section 288.2 PC;
m. Sections 647(a) and 653f;
DEPARTMENTAL GENERAL ORDER P-6 Effective Date:
10 Jul 09 OAKLAND POLICE DEPARTMENT
n. Attempts to commit any of the above offenses; and
o. Mentally disordered sex offe nder pursuant to Welfare and
Institutions Code Sect ion 6300, et seq.
2. Education Code 44010 lists sex offenses. They are:
a. Sections 261(l)—261(4) PC;
b. Section 261.5 PC;
c. Sections 266—267 PC;
d. Section 272 PC;
e. Sections 285-286 PC;
f. Sections 288, 288(a) PC;
g. Section 314 PC;
h. Sections 647(a) or 647(d) PC;
i. Sections 647.6 PC; and
j. Attempt to commit any of the above offenses.
B. Penal Code Offenses/Pri vate School Teachers
Section 291.1 PC requires the Chief of Police to make immediate telephone
and written notifications to the employers of private school teachers who are
arrested for offenses li sted in Section 290 PC.
C. Penal Code Offenses/Co mmunity College Teacher
Section 291.5 PC requires the Chief of Police to make immediate telephone
and written notification to appropriate school officials whenever a teacher,
employed with a community college district is arrested for an offense listed in
Section 290(a) PC or for a violation of Section 261 PC.
D. Health and Safety (H&S) Code Offenses/Public School Teachers and Employees and Privat e School Teachers.
1. Section 11591 H&S requires the Chief of Police to make immediate telephone and written notifications to appropriate school officials whenever a public school teacher or other employee or a private school
teacher is arrested for a offense listed in S ection 11590 H&S or for a
violation of Section 11364 H&S as it relates to Secti on 11054(d) (12)
H&S.
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DEPARTMENTAL GENERAL ORDER P-6 Effective Date:
10 Jul 09 OAKLAND POLICE DEPARTMENT
2. Section 11590 H&S lists offenses which, upon conviction, require the
offender to register as a user of c ontrolled substances. These include all
offenses under: a. Section 11350 H&S;
b. Sections 11351, 11351.5 H&S;
c. Section 11352 H&S;
d. Sections 11353, 1135 3.5, 11353.7 H&S;
e. Sections 11354-11355 H&S;
f. Felony violations of Sections 11357 H&S;
g. Sections 11358—11359 H&S;
h. Felony violations of Section 11360 H&S;
i. Section 11361 H&S;
j. Section 11363 and 11364 H&S;
k. Sections 11366, 11366. 5, 11366.6 H&S;
l. Section 11368 H&S;
m. Section 11370.1 H&S;
n. Section 11377(a) H&S;
o. Sections 11378, 11378.5 H&S;
p. Sections 11379, 1137 9.5, 1379.6 H&S;
q. Sections 11380, 11380.5 H&S;
r. Section 11383 H&S; and
s. Section 11550 H&S.
E. Health and Safety Code Offens es/Community College Teachers
Section 11591.5 H&S requires the Chie f of Police