Jurris.COM
Article 1. General Provisions of California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 1. >> Article 1.
Unless the context otherwise requires, the definitions set
forth in Sections 87001 to 87011, inclusive, shall govern the
construction of this part.
(a) Academic employee" refers to a person employed by a
community college district in an academic position.
(b) "Academic position" includes every type of service, excluding paraprofessional service, for which minimum qualifications have been established by the board of governors pursuant to Section 87356.
(c) Wherever in this code or any other code, the term "certificated employee" or any similar term is used in reference to community college employees, it shall be deemed a reference to academic employees of the community colleges.
(d) Wherever in this code or any other code, the phrase "position requiring certification qualifications," or any similar phrase is used in reference to positions in the community colleges, it shall be deemed a reference to academic positions in the community colleges. Nothing in this part shall be construed as repealing or negating any provisions in this code or any other code concerning employees of community college districts for purposes of retirement benefits under the State Teachers' Retirement System by referring to those employees as academic employees.
(b) "Academic position" includes every type of service, excluding paraprofessional service, for which minimum qualifications have been established by the board of governors pursuant to Section 87356.
(c) Wherever in this code or any other code, the term "certificated employee" or any similar term is used in reference to community college employees, it shall be deemed a reference to academic employees of the community colleges.
(d) Wherever in this code or any other code, the phrase "position requiring certification qualifications," or any similar phrase is used in reference to positions in the community colleges, it shall be deemed a reference to academic positions in the community colleges. Nothing in this part shall be construed as repealing or negating any provisions in this code or any other code concerning employees of community college districts for purposes of retirement benefits under the State Teachers' Retirement System by referring to those employees as academic employees.
(a) "Classified position" includes every position that is
a part of the classified service as defined in Sections 88003 and
88076.
(b) "Classified employee" refers to a person employed by a community college district in a classified position.
(b) "Classified employee" refers to a person employed by a community college district in a classified position.
(a) "Administrator" means any person employed by the
governing board of a community college district in a supervisory or
management position as defined in Article 5 (commencing with Section
3540) of Chapter 10.7 of Division 4 of Title 1 of the Government
Code.
(b) "Educational administrator" means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators.
(c) "Classified administrator" means an administrator who is not employed as an educational administrator.
(b) "Educational administrator" means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators.
(c) "Classified administrator" means an administrator who is not employed as an educational administrator.
(a) "Faculty" or "faculty member" means those employees of a
community college district who are employed in academic positions
that are not designated as supervisory or management for the purposes
of Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code and for which minimum qualifications
for service have been established by the board of governors adopted
pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of
Section 70901 or subdivision (a) of Section 87356. Faculty include,
but are not limited to, instructors, librarians, counselors,
community college health services professionals, handicapped student
programs and services professionals, extended opportunity programs
and services professionals, and individuals employed to perform a
service that, before July 1, 1990, required nonsupervisorial,
nonmanagement community college certification qualifications.
(b) Any employees who are employed in faculty positions but who perform supervisory, management, or other duties related to college governance shall not, because of the performance of those incidental duties, be deemed supervisors or managers, as those terms are defined in Section 3540.1 of the Government Code. The incidental "supervisory" or "management" duties referred to in this subdivision include, but are not limited to, serving as a faculty member on hiring, selection, promotion, evaluation, budget development, or affirmative action committees, or making effective recommendations in connection with those activities.
(b) Any employees who are employed in faculty positions but who perform supervisory, management, or other duties related to college governance shall not, because of the performance of those incidental duties, be deemed supervisors or managers, as those terms are defined in Section 3540.1 of the Government Code. The incidental "supervisory" or "management" duties referred to in this subdivision include, but are not limited to, serving as a faculty member on hiring, selection, promotion, evaluation, budget development, or affirmative action committees, or making effective recommendations in connection with those activities.
(a) Except as provided in subdivision (b), a termination of
probation and dismissal of an accusation or information pursuant to
Section 1203.4 of the Penal Code shall not, for the purpose of this
division, have any effect.
(b) Notwithstanding any other provision of this code, no person shall be denied a hearing solely on the basis that he or she has been convicted of a crime if the person has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his or her probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.
(b) Notwithstanding any other provision of this code, no person shall be denied a hearing solely on the basis that he or she has been convicted of a crime if the person has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his or her probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.
A plea or verdict of guilty or a finding of guilt by a court
in a trial without a jury is deemed to be a conviction within the
meaning of Sections 87405 and 88022 of this code, irrespective of a
subsequent order under the provisions of Section 1203.4 of the Penal
Code allowing the withdrawal of the plea of guilty and entering a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusations or information. The record of the
conviction of a sex offense as defined in Section 87010 or of a
controlled substance offense defined in Section 87011 shall be
sufficient proof of conviction of a crime involving moral turpitude
for the purposes of Sections 87667 and 87732 relating to the
dismissal of permanent employees.
"Sex offense," as used in Sections 87405, 88022, and 88123,
means any one or more of the offenses listed below:
(a) Any offense defined in Section 261.5, 266, 267, 285, 286, 288, 288a, 647.6, or former Section 647a, paragraph (2) or (3) of subdivision (a) of Section 261, paragraph (1) or (2) of subdivision (a) of Section 262, or subdivision (a) or (d) of Section 647 of the Penal Code.
(b) Any offense defined in former subdivision 5 of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision 2 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed prior to September 15, 1961, to the same extent that such an offense committed prior to that date was a sex offense for the purposes of this section prior to September 15, 1961.
(c) Any offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.
(d) Any offense defined in former subdivision 1 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and prior to September 15, 1961.
(e) Any offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.
(f) Any offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if the offense was committed prior to September 15, 1961, to the same extent that such an offense committed prior to that date was a sex offense for the purposes of this section prior to September 15, 1961.
(g) Any offense defined in Section 286 or 288a of the Penal Code prior to the effective date of the amendment of either section enacted at the 1975-76 Regular Session of the Legislature committed prior to the effective date of the amendment.
(h) Any attempt to commit any of the above-mentioned offenses.
(i) Any offense committed or attempted in any other state that, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses.
(a) Any offense defined in Section 261.5, 266, 267, 285, 286, 288, 288a, 647.6, or former Section 647a, paragraph (2) or (3) of subdivision (a) of Section 261, paragraph (1) or (2) of subdivision (a) of Section 262, or subdivision (a) or (d) of Section 647 of the Penal Code.
(b) Any offense defined in former subdivision 5 of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision 2 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed prior to September 15, 1961, to the same extent that such an offense committed prior to that date was a sex offense for the purposes of this section prior to September 15, 1961.
(c) Any offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.
(d) Any offense defined in former subdivision 1 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and prior to September 15, 1961.
(e) Any offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.
(f) Any offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if the offense was committed prior to September 15, 1961, to the same extent that such an offense committed prior to that date was a sex offense for the purposes of this section prior to September 15, 1961.
(g) Any offense defined in Section 286 or 288a of the Penal Code prior to the effective date of the amendment of either section enacted at the 1975-76 Regular Session of the Legislature committed prior to the effective date of the amendment.
(h) Any attempt to commit any of the above-mentioned offenses.
(i) Any offense committed or attempted in any other state that, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses.
"Controlled substance offense" as used in Sections 87405,
88022, and 88123 means any one or more of the following offenses:
(a) Any offense in Sections 11350 to 11355, inclusive, 11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and Safety Code.
(b) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the above-mentioned offenses.
(c) Any offense committed under former Sections 11500 to 11503, inclusive, 11557, 11715, and 11721 of the Health and Safety Code.
(d) Any attempt to commit any of the above-mentioned offenses.
(a) Any offense in Sections 11350 to 11355, inclusive, 11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and Safety Code.
(b) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the above-mentioned offenses.
(c) Any offense committed under former Sections 11500 to 11503, inclusive, 11557, 11715, and 11721 of the Health and Safety Code.
(d) Any attempt to commit any of the above-mentioned offenses.
Whenever a community college district employs a person in an
academic position and that person has not previously been employed
by a school or community college district in this state, the
governing board may, within 10 working days of the person's date of
employment, require the individual to have duplicate personal
identification cards upon which shall appear the legible fingerprints
and a personal description of the employee prepared by a local law
enforcement agency having jurisdiction in the area of the district.
The law enforcement agency shall transmit the cards, together with
the fee hereinafter specified, to the Department of Justice. At the
earliest opportunity following its receipt of the identification
cards, the Department of Justice shall furnish the law enforcement
agency submitting the employee's fingerprints a complete criminal
history of the individual if one appears in the department's files.
The local law enforcement agency shall, in turn, excerpt from the
history all information regarding any convictions of the employee and
shall forward that information to the governing board of the
district.
A plea or verdict of guilty or a finding of guilt by a court in a
trial without a jury or forfeiture of bail is deemed to be a
conviction within the meaning of this section, irrespective of a
subsequent order under the provisions of Section 1203.4 of the Penal
Code allowing the withdrawal of the plea of guilty and entering of a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusations or information.
The governing board may provide the means whereby the
identification cards may be completed and may charge a fee determined
by the Department of Justice to be sufficient to reimburse the
department for the costs incurred in processing the application. The
amount of the fee shall be forwarded to the Department of Justice,
with two copies of applicant's or employee's fingerprint cards. The
governing board may collect an additional fee not to exceed two
dollars ($2) payable to the local public law enforcement agency
taking the fingerprints and completing the data on the fingerprint
cards.
Any provision of law to the contrary notwithstanding, the
Department of Justice, shall, as provided in this section, furnish,
upon application of a local public law enforcement agency all
information pertaining to any person required to submit personal
identification cards pursuant to this section if there is a record of
the person in its office.
(a) Whenever any employee of a community college district is
attacked, assaulted, or menaced, by any student, it shall be the
duty of that employee, and the duty of any person under whose
direction or supervision the employee is employed who has knowledge
of the incident, to promptly report the same to the appropriate law
enforcement authorities of the county or city in which the same
occurred. Failure to make the report shall be a misdemeanor
punishable by a fine of not more than two hundred dollars ($200).
(b) An act by any member of the governing board of a community college district, or any employee of any community college district which is designed directly or indirectly to influence or urge a person under a duty to make the report prescribed by subdivision (a) not to make the report, shall be a misdemeanor, and shall be punishable by a fine of not less than one hundred dollars ($100) or more than two hundred dollars ($200).
(b) An act by any member of the governing board of a community college district, or any employee of any community college district which is designed directly or indirectly to influence or urge a person under a duty to make the report prescribed by subdivision (a) not to make the report, shall be a misdemeanor, and shall be punishable by a fine of not less than one hundred dollars ($100) or more than two hundred dollars ($200).
Notwithstanding any provision of law to the contrary, a
community college district, from funds under its jurisdiction, may
pay the surviving spouse of any employee who is murdered while in the
course of his or her employment the amount that the deceased would
have received if he or she had lived to complete the time remaining
in his or her contract with the district.
(a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02 of the Military and Veterans Code, any
employee of a community college district who, as a member of the
California National Guard or a United States Military Reserve
organization, is called into active military duty, may receive, on
approval of the governing board of the school district, the benefits
provided for in subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active duty, may receive from the community college employer, for a period not to exceed 180 calendar days, as part of his or her compensation, all of the following:
(1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as an employee, including any merit raises that would otherwise have been granted during the time the individual was on active military duty.
(2) All benefits that he or she would have received had he or she not been called to active military duty unless the benefits are prohibited or limited by vendor contracts.
(b) Any employee to which subdivision (a) applies, while on active duty, may receive from the community college employer, for a period not to exceed 180 calendar days, as part of his or her compensation, all of the following:
(1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as an employee, including any merit raises that would otherwise have been granted during the time the individual was on active military duty.
(2) All benefits that he or she would have received had he or she not been called to active military duty unless the benefits are prohibited or limited by vendor contracts.
