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Article 2. Employment Of Faculty of California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 3. >> Article 2.
The provisions of this article govern the employment of
persons by a district to serve in faculty positions and establish
certain rights for these employees. Other provisions of the law which
govern the employment of community college faculty or establish
rights and responsibilities for these persons shall be applied to
persons employed by community college districts in a manner
consistent with the provisions of this article.
For the purposes of this article:
(a) "Academic year" means that period between the first day of a fall semester or quarter and the last day of the following spring semester or quarter, excluding any intersession term that has been excluded pursuant to an applicable collective bargaining agreement.
(b) "Contract employee" means an employee of a district who is employed on the basis of a contract in accordance with Section 87605, subdivision (b) of Section 87608, or subdivision (b) of Section 87608.5.
(c) "District" means a community college district.
(d) "Positions requiring certification qualifications" are those positions which provide the services for which certifications have been established in this code.
(e) "Regular employee" means an employee of a district who is employed in accordance with subdivision (c) of Section 87608, subdivision (c) of Section 87608.5, or Section 87609.
(a) "Academic year" means that period between the first day of a fall semester or quarter and the last day of the following spring semester or quarter, excluding any intersession term that has been excluded pursuant to an applicable collective bargaining agreement.
(b) "Contract employee" means an employee of a district who is employed on the basis of a contract in accordance with Section 87605, subdivision (b) of Section 87608, or subdivision (b) of Section 87608.5.
(c) "District" means a community college district.
(d) "Positions requiring certification qualifications" are those positions which provide the services for which certifications have been established in this code.
(e) "Regular employee" means an employee of a district who is employed in accordance with subdivision (c) of Section 87608, subdivision (c) of Section 87608.5, or Section 87609.
For the purposes of other provisions of law:
(a) A contract employee is a probationary employee.
(b) A regular or tenured employee is a permanent employee.
(a) A contract employee is a probationary employee.
(b) A regular or tenured employee is a permanent employee.
This article does not apply to the employment of
administrators employed by appointment or contract pursuant to
Section 72411.
The governing board of a community college district shall
employ each academic employee as a contract employee, regular
employee, or temporary employee.
The governing board of a district shall employ faculty for
the first academic year of his or her employment by contract. Any
person who, at the time an employment contract is offered to him or
her by the district, is neither a tenured employee of the district
nor a probationary employee then serving under a second or third
contract entered into pursuant to Section 87608 shall be deemed to be
employed for "the first academic year of his or her employment." A
faculty member shall be deemed to have completed his or her first
contract year if he or she provides service for 75 percent of the
first academic year.
(a) An employment contract shall contain the terms and
conditions that the governing board of the district and the proposed
employee agree to and that are consistent with the law.
(b) A faculty member may be deemed to have completed the second, third, or fourth contract year, as appropriate, if the faculty member provides service for a percentage of the academic year as is required in an agreement between the governing board of the district and the exclusive bargaining representative of the faculty member. Time spent on paid or unpaid leave of absence may be included in computing service if the faculty member serves sufficient time during the year to allow for the evaluation of the faculty member as required by any negotiated evaluation procedure. For purposes of this subdivision, the paid or unpaid leave of absence may include, but is not limited to, any of the following:
(1) Leave for reason of the birth of and bonding with a child or bonding with an adopted or foster child.
(2) Leave to care for a parent, spouse, or child with a serious health condition.
(3) Leave because of an employee's own serious health condition.
(b) A faculty member may be deemed to have completed the second, third, or fourth contract year, as appropriate, if the faculty member provides service for a percentage of the academic year as is required in an agreement between the governing board of the district and the exclusive bargaining representative of the faculty member. Time spent on paid or unpaid leave of absence may be included in computing service if the faculty member serves sufficient time during the year to allow for the evaluation of the faculty member as required by any negotiated evaluation procedure. For purposes of this subdivision, the paid or unpaid leave of absence may include, but is not limited to, any of the following:
(1) Leave for reason of the birth of and bonding with a child or bonding with an adopted or foster child.
(2) Leave to care for a parent, spouse, or child with a serious health condition.
(3) Leave because of an employee's own serious health condition.
Before making a decision relating to the continued
employment of a contract employee, the following requirements shall
be satisfied:
(a) The employee has been evaluated in accordance with the evaluation standards and procedures established in accordance with the provisions of Article 4 (commencing with Section 87660) of this chapter, a fact determined solely by the governing board.
(b) The governing board has received statements of the most recent evaluations.
(c) The governing board has received recommendations of the superintendent of the district and, if the employee is employed at a community college, the recommendations of the president of that community college.
(d) The governing board has considered the statement of evaluation and the recommendations in a lawful meeting of the board.
(a) The employee has been evaluated in accordance with the evaluation standards and procedures established in accordance with the provisions of Article 4 (commencing with Section 87660) of this chapter, a fact determined solely by the governing board.
(b) The governing board has received statements of the most recent evaluations.
(c) The governing board has received recommendations of the superintendent of the district and, if the employee is employed at a community college, the recommendations of the president of that community college.
(d) The governing board has considered the statement of evaluation and the recommendations in a lawful meeting of the board.
If a contract employee is working under his or her first
contract, the governing board, at its discretion and not subject to
judicial review except as expressly provided in Sections 87610.1 and
87611, shall elect one of the following alternatives:
(a) Not enter into a contract for the following academic year.
(b) Enter into a contract for the following academic year.
(c) Employ the contract employee as a regular employee for all subsequent academic years.
(a) Not enter into a contract for the following academic year.
(b) Enter into a contract for the following academic year.
(c) Employ the contract employee as a regular employee for all subsequent academic years.
If a contract employee is working under his or her second
contract, the governing board, at its discretion and not subject to
judicial review except as expressly provided in Sections 87610.1 and
87611, shall elect one of the following alternatives:
(a) Not enter into a contract for the following academic year.
(b) Enter into a contract for the following two academic years.
(c) Employ the contract employee as a regular employee for all subsequent academic years.
(a) Not enter into a contract for the following academic year.
(b) Enter into a contract for the following two academic years.
(c) Employ the contract employee as a regular employee for all subsequent academic years.
If a contract employee is employed under his or her third
consecutive contract entered into pursuant to Section 87608.5, the
governing board shall elect one of the following alternatives:
(a) Employ the probationary employee as a tenured employee for all subsequent academic years.
(b) Not employ the probationary employee as a tenured employee.
(a) Employ the probationary employee as a tenured employee for all subsequent academic years.
(b) Not employ the probationary employee as a tenured employee.
(a) The governing board shall give written notice of its
decision under Section 87608 or 87608.5 and the reasons therefor to
the employee on or before March 15 of the academic year covered by
the existing contract. The notice shall be by registered or certified
mail to the most recent address on file with the district personnel
office. Failure to give the notice as required to a contract employee
under his or her first or second contract shall be deemed an
extension of the existing contract without change for the following
academic year.
(b) The governing board shall give written notice of its decision under Section 87609 and the reasons therefor to the employee on or before March 15 of the last academic year covered by the existing contract. The notice shall be by registered or certified mail to the most recent address on file with the district personnel office. Failure to give the notice as required to a contract employee under his or her third consecutive contract shall be deemed a decision to employ him or her as a regular employee for all subsequent academic years.
(b) The governing board shall give written notice of its decision under Section 87609 and the reasons therefor to the employee on or before March 15 of the last academic year covered by the existing contract. The notice shall be by registered or certified mail to the most recent address on file with the district personnel office. Failure to give the notice as required to a contract employee under his or her third consecutive contract shall be deemed a decision to employ him or her as a regular employee for all subsequent academic years.
(a) In those districts where tenure evaluation procedures
are collectively bargained pursuant to Section 3543 of the Government
Code, the faculty's exclusive representative shall consult with the
academic senate prior to engaging in collective bargaining on these
procedures.
(b) Allegations that the community college district, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied, any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. Allegations that the community college district in a decision to reappoint a probationary employee violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. If there is no contractual grievance procedure resulting in arbitration, these allegations shall proceed to hearing in accordance with Section 87740. "Arbitration," as used in this section, refers to advisory arbitration, as well as final and binding arbitration.
(c) Any grievance brought pursuant to subdivision (b) may be filed by an employee on his or her behalf, or by the exclusive bargaining representative on behalf of an employee or a group of employees in accordance with Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. The exclusive representative shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation by the exclusive representative. However, if a case proceeds to arbitration without representation by the exclusive representative, the resulting decision shall not be considered a precedent for purposes of interpreting tenure procedures and policies, or the collective bargaining agreement, but instead shall affect only the result in that particular case. When arbitrations are not initiated by the exclusive representative, the district shall require the employee submitting the grievance to file with the arbitrator or another appropriate party designated in the collective bargaining agreement, adequate security to pay the employee's share of the cost of arbitration.
(d) The arbitrator shall be without power to grant tenure, except for failure to give notice on or before March 15 pursuant to subdivision (b) of Section 87610. The arbitrator may issue an appropriate make-whole remedy, which may include, but need not be limited to, backpay and benefits, reemployment in a probationary position, and reconsideration. Procedures for reconsideration of decisions not to grant tenure shall be agreed to by the governing board and the exclusive representative of faculty pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(e) Any employees who are primarily engaged in faculty or other bargaining unit duties, who perform "supervisory" or "management" duties incidental to their performance of primary professional duties shall not be deemed supervisory or managerial employees as those terms are defined in Section 3540.1 of the Government Code, because of those duties. These duties include, but are not limited to, serving on hiring, selection, promotion, evaluation, budget development, and affirmative action committees, and making effective recommendations in connection with these activities. These employees whose duties are substantially similar to those of their fellow bargaining unit members shall not be considered supervisory or management employees.
(b) Allegations that the community college district, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied, any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. Allegations that the community college district in a decision to reappoint a probationary employee violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. If there is no contractual grievance procedure resulting in arbitration, these allegations shall proceed to hearing in accordance with Section 87740. "Arbitration," as used in this section, refers to advisory arbitration, as well as final and binding arbitration.
(c) Any grievance brought pursuant to subdivision (b) may be filed by an employee on his or her behalf, or by the exclusive bargaining representative on behalf of an employee or a group of employees in accordance with Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. The exclusive representative shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation by the exclusive representative. However, if a case proceeds to arbitration without representation by the exclusive representative, the resulting decision shall not be considered a precedent for purposes of interpreting tenure procedures and policies, or the collective bargaining agreement, but instead shall affect only the result in that particular case. When arbitrations are not initiated by the exclusive representative, the district shall require the employee submitting the grievance to file with the arbitrator or another appropriate party designated in the collective bargaining agreement, adequate security to pay the employee's share of the cost of arbitration.
(d) The arbitrator shall be without power to grant tenure, except for failure to give notice on or before March 15 pursuant to subdivision (b) of Section 87610. The arbitrator may issue an appropriate make-whole remedy, which may include, but need not be limited to, backpay and benefits, reemployment in a probationary position, and reconsideration. Procedures for reconsideration of decisions not to grant tenure shall be agreed to by the governing board and the exclusive representative of faculty pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(e) Any employees who are primarily engaged in faculty or other bargaining unit duties, who perform "supervisory" or "management" duties incidental to their performance of primary professional duties shall not be deemed supervisory or managerial employees as those terms are defined in Section 3540.1 of the Government Code, because of those duties. These duties include, but are not limited to, serving on hiring, selection, promotion, evaluation, budget development, and affirmative action committees, and making effective recommendations in connection with these activities. These employees whose duties are substantially similar to those of their fellow bargaining unit members shall not be considered supervisory or management employees.
A final decision reached following a grievance or hearing
conducted pursuant to subdivision (b) of Section 87610.1 shall be
subject to judicial review pursuant to Section 1094.5 of the Code of
Civil Procedure.
Until terminated in accordance with provisions of law, a
part-time regular employee shall be assigned, and compensated, for a
period of service less than 75 percent of the number of days the
colleges of the district are maintained during each academic year.
The governing board of the employing district may establish an
assignment for any period of days less than 75 percent.
At its discretion, the governing board of the employing district
may assign and compensate a part-time regular employee for a period
of service of 75 percent or more of the number of days the colleges
of the district are maintained during each academic year. Such an
assignment shall not change the employee's classification to that of
full-time regular employee unless an assignment of this type is made
for two consecutive academic years.
