Section § 87600

Explanation

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.

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.

Section § 87601

Explanation

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.

For the purposes of this article:
(a)CA Education Code § 87601(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)CA Education Code § 87601(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)CA Education Code § 87601(c) “District” means a community college district.
(d)CA Education Code § 87601(d) “Positions requiring certification qualifications” are those positions which provide the services for which certifications have been established in this code.
(e)CA Education Code § 87601(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.

Section § 87602

Explanation

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.

For the purposes of other provisions of law:
(a)CA Education Code § 87602(a) A contract employee is a probationary employee.
(b)CA Education Code § 87602(b) A regular or tenured employee is a permanent employee.

Section § 87603

Explanation

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.

This article does not apply to the employment of administrators employed by appointment or contract pursuant to Section 72411.

Section § 87604

Explanation

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.

The governing board of a community college district shall employ each academic employee as a contract employee, regular employee, or temporary employee.

Section § 87604.5

Explanation

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.

(a)CA Education Code § 87604.5(a) The governing board of a community college district shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that district, do all of the following:
(1)Copy CA Education Code § 87604.5(a)(1)
(A)Copy CA Education Code § 87604.5(a)(1)(A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment.
(B)CA Education Code § 87604.5(a)(1)(A)(B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education.
(2)CA Education Code § 87604.5(a)(2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the community college district concerning any substantiated allegations of misconduct in order to permit the community college district to evaluate the released information with respect to the criteria for a potential job placement.
(3)CA Education Code § 87604.5(a)(3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the community college district to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
(b)CA Education Code § 87604.5(b) A community college district shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the community college district has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.
(c)CA Education Code § 87604.5(c) For purposes of this section, the following definitions shall apply:
(1)CA Education Code § 87604.5(c)(1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer.
(2)CA Education Code § 87604.5(c)(2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3)CA Education Code § 87604.5(c)(3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(4)CA Education Code § 87604.5(c)(4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.
(5)CA Education Code § 87604.5(c)(5) “Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations.
(6)CA Education Code § 87604.5(c)(6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.

Section § 87605

Explanation

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.

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.

Section § 87606

Explanation

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.

(a)CA Education Code § 87606(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)CA Education Code § 87606(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)CA Education Code § 87606(b)(1) Leave for reason of the birth of and bonding with a child or bonding with an adopted or foster child.
(2)CA Education Code § 87606(b)(2) Leave to care for a parent, spouse, or child with a serious health condition.
(3)CA Education Code § 87606(b)(3) Leave because of an employee’s own serious health condition.

Section § 87607

Explanation

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.

Before making a decision relating to the continued employment of a contract employee, the following requirements shall be satisfied:
(a)CA Education Code § 87607(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)CA Education Code § 87607(b) The governing board has received statements of the most recent evaluations.
(c)CA Education Code § 87607(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)CA Education Code § 87607(d) The governing board has considered the statement of evaluation and the recommendations in a lawful meeting of the board.

Section § 87608

Explanation

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.

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)CA Education Code § 87608(a) Not enter into a contract for the following academic year.
(b)CA Education Code § 87608(b) Enter into a contract for the following academic year.
(c)CA Education Code § 87608(c) Employ the contract employee as a regular employee for all subsequent academic years.

Section § 87608.5

Explanation

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.

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)CA Education Code § 87608.5(a) Not enter into a contract for the following academic year.
(b)CA Education Code § 87608.5(b) Enter into a contract for the following two academic years.
(c)CA Education Code § 87608.5(c) Employ the contract employee as a regular employee for all subsequent academic years.

Section § 87609

Explanation

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.

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)CA Education Code § 87609(a) Employ the probationary employee as a tenured employee for all subsequent academic years.
(b)CA Education Code § 87609(b) Not employ the probationary employee as a tenured employee.

Section § 87610

Explanation

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.

(a)CA Education Code § 87610(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)CA Education Code § 87610(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.

Section § 87610.1

Explanation

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.

(a)CA Education Code § 87610.1(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)CA Education Code § 87610.1(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)CA Education Code § 87610.1(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)CA Education Code § 87610.1(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)CA Education Code § 87610.1(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.

Section § 87611

Explanation

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.

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.

Section § 87612

Explanation

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.

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.