EmploymentEmployment of Faculty
Section § 87600
This section outlines the rules for hiring faculty members in community college districts and their rights as employees. It specifies that while there are other laws governing community college faculty, they must be applied in a way that aligns with the rules in this section.
Section § 87601
This section explains key terms related to employment in a California community college district. An 'academic year' is the period from the start of the fall semester to the end of the spring semester, not including any terms not covered by a contract. A 'contract employee' is someone hired through specific contract provisions. A 'district' is a community college district. Positions needing certification must meet specific qualification standards. A 'regular employee' follows different employment guidelines from a contract employee.
Section § 87602
This law clarifies terms used in employment-related laws. It states that someone hired on a contract basis is considered a probationary employee, meaning they are in a trial period. Additionally, an employee who is regular or tenured is recognized as a permanent employee, indicating their job is secure and ongoing.
Section § 87603
This law section simply states that it doesn't cover administrators who are employed through appointment or contract under a specific different law, Section 72411.
Section § 87604
A community college district's governing board is responsible for hiring academic employees. They can hire them under three categories: contract employees, regular employees, or temporary employees.
Section § 87604.5
This law requires community college districts in California to follow specific steps when hiring for academic, athletic, or administrative positions. Candidates must disclose any past rulings against them, within the last seven years, concerning sexual harassment. They can also reveal if they've appealed such decisions. Applicants need to sign a release allowing past employers to share information about any confirmed misconduct. The colleges must attempt to gather this information before hiring, but can only ask for it after applicants meet the basic job qualifications. Key terms like 'sexual harassment' and 'misconduct' are defined to guide what must be reported.
Section § 87605
This section explains the employment terms for new faculty hired by a district. New faculty members, who are neither tenured nor already on a second or third probationary contract, are employed on a contract basis for their first academic year. If they work at least 75% of that year, they've completed their first contract year.
Section § 87606
This section states that an employment contract should clearly outline the agreed-upon terms between the district's governing board and the employee and must comply with the law. Faculty members can complete certain contract years based on service time agreed upon in the district's contract with the faculty union. Time on leave, whether paid or unpaid—such as maternity leave, leave to care for a sick family member, or leave for a personal health issue—can count toward service time as long as it allows for faculty evaluation as per the negotiated procedures.
Section § 87607
Before a school district can decide whether to keep a contract employee, several steps must be completed. First, the employee must be evaluated according to specific procedures. Then, the governing board should receive and review the most recent evaluation and recommendations from both the district superintendent and, if applicable, the college president. Finally, these evaluations and recommendations must be discussed in a formal board meeting.
Section § 87608
This law gives the school governing board the authority to decide an employee's future after their first contract year. The board can choose not to renew the contract, renew it for the next academic year, or give the employee a permanent position. Their decision cannot be challenged in court unless specified by other sections of the law.
Section § 87608.5
This law says that if a contract employee is on their second contract, the school board has three options for the next academic year. They can choose to not give the employee another contract, offer a contract for the next two years, or hire the employee as a regular permanent employee for all future years. The decision is mostly up to the board, and courts can only review it in specific cases mentioned in other sections.
Section § 87609
This law section explains that after a contract employee has been employed for three consecutive terms, the school's governing board has two choices: either grant the employee a tenured position, which means they have a permanent job, or decide not to offer them tenure.
Section § 87610
This law requires that a school district's governing board notify contract employees by March 15 about decisions regarding their employment for the following academic year. If they fail to notify a first or second-year contract employee on time, the current contract is automatically extended another year. If they do not inform a third-year contract employee by the deadline, the employee is considered a regular, permanent staff member starting the next academic year. All notices must be sent via registered or certified mail to the employee's address on file.
Section § 87610.1
This law section outlines procedures and rights related to tenure evaluations at community colleges in California. Before negotiating tenure evaluation processes, faculty representatives must consult with the academic senate. If there are complaints about how a college district handled tenure or probationary evaluations, these are considered grievances. Such grievances can go through arbitration, either with or without union representation. However, decisions made without union involvement don't set precedents. Employees may need to cover arbitration costs if they proceed without union support. The arbitrator can't grant tenure but can suggest remedies like backpay or reemployment if policies weren't followed. Employees with some management duties are not classified as managers if these duties align with their primary faculty roles.
Section § 87611
After a grievance or hearing is finalized under a specific provision, the decision can be reviewed by a court following a certain legal procedure detailed in another law.
Section § 87612
This law is about how part-time regular employees at a college are assigned and paid. Usually, they're assigned less than 75% of the college's academic year. The governing board can choose to assign them 75% or more, but if this happens for two years in a row, their status might change to a full-time employee.