Section § 87660

Explanation

This law outlines the rules for how community college teachers are evaluated, dismissed, and penalized. It ensures that any other rules about these aspects are applied in a way that is consistent with this law.

The provisions of this article govern the evaluation of, the dismissal of, and the imposition of penalties on, community college faculty. Other provisions of this code which govern the evaluation of, dismissal of, and the imposition of penalties on, community college faculty shall be applied to persons employed by a community college district in a manner consistent with the provisions of this article.

Section § 87661

Explanation

This section defines terms used throughout the article. An "academic year" spans from the start of the fall term to the end of the spring term, not counting certain breaks if agreed in a contract. A "contract employee" or "probationary employee" works based on a specific contract outlined in certain sections. The term "district" refers specifically to a community college district. A "regular employee" or "tenured employee" is one with permanent employment status based on specified conditions.

For the purposes of this article:
(a)CA Education Code § 87661(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 § 87661(b) “Contract employee” or “probationary 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 § 87661(c) “District” means a community college district.
(d)CA Education Code § 87661(d) “Regular employee” or “tenured 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 § 87662

Explanation

This section states that the rules in this article do not apply to administrators who are hired under Section 72411, except for special circumstances outlined in Section 72411 and another part of Section 87663.

Except as provided in Section 72411 and subdivision (i) of Section 87663, the provisions of this article do not apply to administrators employed pursuant to Section 72411.

Section § 87663

Explanation

This California education law outlines how faculty and administrators are evaluated in community colleges. Contract employees must be evaluated every year, regular employees every three years, and temporary employees initially within their first year and then every three years. Evaluations are conducted following district rules and must include a peer review that considers diversity and affirmative action.

Faculty evaluations can be part of the collective bargaining process, requiring collaboration between faculty representatives and the academic senate. Probationary faculty members have clear rights to fair evaluations, but this doesn’t grant them automatic tenure. Administrators' evaluations should also involve faculty input where feasible.

(a)CA Education Code § 87663(a) Contract employees shall be evaluated at least once in each academic year. Regular employees shall be evaluated at least once in every three academic years. Temporary employees shall be evaluated within the first year of employment. Thereafter, evaluation shall be at least once every six regular semesters, or once every nine regular quarters, as applicable.
(b)CA Education Code § 87663(b) Whenever an evaluation is required of a faculty member by a community college district, the evaluation shall be conducted in accordance with the standards and procedures established by the rules and regulations of the governing board of the employing district.
(c)CA Education Code § 87663(c) Evaluations shall include, but not be limited to, a peer review process.
(d)CA Education Code § 87663(d) The peer review process shall be on a departmental or divisional basis, and shall address the forthcoming demographics of California, and the principles of affirmative action. The process shall require that the peers reviewing are both representative of the diversity of California and sensitive to affirmative action concerns, all without compromising quality and excellence in teaching.
(e)CA Education Code § 87663(e) The Legislature recognizes that faculty evaluation procedures may be negotiated as part of the collective bargaining process.
(f)CA Education Code § 87663(f) In those districts where faculty evaluation procedures are collectively bargained, the faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining regarding those procedures.
(g)CA Education Code § 87663(g) It is the intent of the Legislature that faculty evaluation include, to the extent practicable, student evaluation.
(h)CA Education Code § 87663(h) A probationary faculty member shall be accorded the right to be evaluated under clear, fair, and equitable evaluation procedures locally defined through the collective bargaining process where the faculty has chosen to elect an exclusive representative. Those procedures shall ensure good-faith treatment of the probationary faculty member without according him or her de facto tenure rights.
(i)CA Education Code § 87663(i) Governing boards shall establish and disseminate written evaluation procedures for administrators. It is the intent of the Legislature that evaluation of administrators include, to the extent possible, faculty evaluation.

Section § 87664

Explanation

Each school district's governing board, working with faculty, must create rules for evaluating their contract and regular employees individually. They need to establish clear standards for what they expect from faculty in their work. These evaluation procedures and standards should be the same for all employees who have similar jobs and responsibilities.

The governing board of each district, in consultation with the faculty, shall adopt rules and regulations establishing the specific procedures for the evaluation of its contract and regular employees on an individual basis and setting forth reasonable but specific standards which it expects its faculty to meet in the performance of their duties. Such procedures and standards shall be uniform for all contract employees of the district with similar general duties and responsibilities and shall be uniform for all regular employees of the district with similar general duties and responsibilities.

Section § 87665

Explanation

School boards in California can decide to end a temporary employee's job at the end of any day or week, depending on what's suitable. This decision can't be challenged in court, except for issues related to when the termination happens.

The governing board may terminate the employment of a temporary employee at its discretion at the end of a day or week, whichever is appropriate. The decision to terminate the employment is not subject to judicial review except as to the time of termination.

Section § 87666

Explanation

This law states that during the school year, both contract and regular school employees can be dismissed or penalized based on specific reasons and procedures outlined in this article.

During the school year, all contract and regular employees are subject to dismissal and the imposition of penalties on the grounds and pursuant to procedures set forth in this article.

Section § 87667

Explanation

This section states that an employee with a contract or a regular employment status can be dismissed or face penalties for reasons listed in another section, specifically Section 87732.

A contract or regular employee may be dismissed or penalized for one or more of the grounds set forth in Section 87732.

Section § 87668

Explanation

This law allows a governing board to discipline someone by suspending them for up to one year. The board can choose to also reduce or take away their pay during that suspension period.

A governing board may impose one of the following penalties:
(a)CA Education Code § 87668(a) Suspension for up to one year.
(b)CA Education Code § 87668(b) Suspension for up to one year and a reduction or loss of compensation during the period of suspension.

Section § 87669

Explanation

This law states that a governing board is responsible for deciding if a contract or regular employee should be dismissed or penalized. They must also decide what type of penalties to apply, if any. Additionally, the board will determine if their decision will take effect right away or be delayed based on another law, Section 87672.

The governing board shall determine whether a contract or regular employee is to be dismissed or penalized. If the employee is to be penalized, the governing board shall determine the nature of those penalties. If the employee is to be dismissed or penalized, the governing board shall determine whether the decision shall be imposed immediately or postponed in accordance with Section 87672.

Section § 87670

Explanation

This law means that the rules and processes described in this article do not apply to a situation where someone's employment is suspended right away as explained in Section 87736.

The procedure set forth in this article does not apply to an immediate suspension effected under Section 87736.

Section § 87671

Explanation

This section explains that a contract or regular employee can be dismissed or punished if specific conditions are met. First, the employee must be evaluated according to set standards and procedures. Then, the school's governing board needs to review all evaluation statements and recommendations from both the district superintendent and community college president, if relevant. Finally, the board should consider these evaluations and recommendations during an official meeting before deciding on dismissal or penalties.

A contract or regular employee may be dismissed or penalized if one or more of the grounds set forth in Section 87732 are present and the following are satisfied:
(a)CA Education Code § 87671(a) The employee has been evaluated in accordance with standards and procedures established in accordance with the provisions of this article.
(b)CA Education Code § 87671(b) The district governing board has received all statements of evaluation which considered the events for which dismissal or penalties may be imposed.
(c)CA Education Code § 87671(c) The district governing board has received recommendations of the superintendent of the district and, if the employee is working for a community college, the recommendations of the president of that community college.
(d)CA Education Code § 87671(d) The district governing board has considered the statements of evaluation and the recommendations in a lawful meeting of the board.

Section § 87672

Explanation

If a school board wants to fire or punish an employee with a contract, they must give the employee a written statement. This statement explains their decision and the reasons behind it. The statement can be handed to the employee directly or sent via registered mail to their last known address.

The board can delay the start of the dismissal or penalty for up to one year, if the employee meets their legal duties. After this probation period, the board decides whether to enforce the decision or cancel it altogether.

If a governing board decides it intends to dismiss or penalize a contract or regular employee, it shall deliver a written statement, duly signed and verified, to the employee setting forth the complete and precise decision of the governing board and the reasons therefor.
The written statement shall be delivered by serving it personally on the employee or by mailing it by United States registered mail to the employee at his or her address last known to the district.
A governing board may postpone the operative date of a decision to dismiss or impose penalties for a period not to exceed one year, subject to the employee’s satisfying his or her legal responsibilities as determined by statute and rules and regulations of the district. At the end of this period of probation, the decision shall be made operative or permanently set aside by the governing board.

Section § 87673

Explanation

If an employee disagrees with a decision made by the governing board, they must formally notify the governing board, their district's superintendent, and their college president in writing. This notification must be submitted within 30 days of receiving the decision notice.

If the employee objects to the decision of the governing board, or the reasons therefor, on any ground, the employee shall notify, in writing, the governing board, the superintendent of the district which employs him or her, and the president of the college at which the employee serves of his or her objection within 30 days of the date of the service of the notice.

Section § 87674

Explanation

After an employee requests a hearing, the school district's governing board has 30 days to agree with the employee on an arbitrator to resolve the issue. Once they have selected the arbitrator, both parties must sign a written agreement to confirm their choice and record it with the governing board. After this, the arbitrator will have full and exclusive control over the case.

Within 30 days of the receipt by the district governing board of the employee’s demand for a hearing, the employee and the governing board shall agree upon an arbitrator to hear the matter. When there is agreement as to the arbitrator, the employee and the governing board shall enter into the records of the governing board written confirmation of the agreement signed by the employee and an authorized representative of the governing board. Upon entry of such confirmation, the arbitrator shall assume complete and sole jurisdiction over the matter.

Section § 87675

Explanation

This law outlines the procedures an arbitrator should follow when handling proceedings related to employee dismissals or penalties. Discovery, which is the process of exchanging legal information and evidence, is broader than usual and follows rules akin to civil court cases. All discovery must be completed a week before the hearing. The arbitrator will decide if there's a valid reason to penalize or dismiss the employee, and if so, they will determine the specific penalty and timing.

Witnesses must testify under oath, and no evidence or testimony is allowed about events older than four years from when the notice was filed. Records kept by the governing board can be used as evidence, but decisions cannot be based on incidents that happened over four years ago.

The arbitrator shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that the right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. In all cases, discovery shall be completed prior to one week before the date set for hearing. The arbitrator shall determine whether there is cause to dismiss or penalize the employee. If the arbitrator finds cause, the arbitrator shall determine whether the employee shall be dismissed, the precise penalty to be imposed, and whether the decision should be imposed immediately or postponed pursuant to Section 87672.
No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters that occurred more than four years prior to the date of the filing of the notice. Evidence of records regularly kept by the governing board concerning the employee may be introduced, but no decision relating to the dismissal or suspension of any employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years prior to the filing of the notice.

Section § 87676

Explanation

This law states that if an arbitrator decides to delay implementing their decision, it's also up to the arbitrator to decide when that delay should end.

In the case in which the arbitrator determines that the operation of his or her decision should be postponed, any question of terminating the postponement shall be determined by the arbitrator.

Section § 87677

Explanation

This law states that the district is responsible for covering the arbitrator's fees and costs related to the arbitration process. However, if an employee hires their own lawyer or brings witnesses or evidence, they must pay those expenses themselves.

The district alone shall pay the arbitrator’s fees and expenses, and the costs of the proceedings as determined by the arbitrator. The “cost of the proceedings” does not include any expenses paid by the employee for his or her counsel, witnesses, or the preparation or presentation of evidence on his or her behalf.

Section § 87678

Explanation

If the school district's governing board and an employee don't agree on an arbitrator within 30 days, the board must ask the Office of Administrative Hearings to appoint an administrative law judge to handle the case.

If within 30 days of the receipt of the notification by the district governing board, no written confirmation of agreement of the employee and the governing board as to an arbitrator has been submitted to the secretary of the governing board for entry into its records, the governing board shall certify the matter to the Office of Administrative Hearings and request the appointment of an administrative law judge.

Section § 87679

Explanation

This section outlines how a judge should conduct legal proceedings. The discovery process—the phase where parties can gather evidence—is broader here than usual, allowing parties the same rights and duties as in a civil lawsuit. All evidence collection must be finished at least one week before the hearing. Additionally, any written notice given to the employee is considered a formal accusation, and the employee’s response is treated as their official defense.

The administrative law judge shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that the right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. In all cases, discovery shall be completed prior to one week before the date set for hearing. The written notice delivered to the employee pursuant to Section 87672 shall be deemed an accusation. The written objection of the employee delivered pursuant to Section 87673 shall be deemed the notice of defense.

Section § 87680

Explanation

This section outlines the role of an administrative law judge in deciding if an employee should be dismissed or penalized. If the judge finds cause, they will not only decide the penalty but also when it should take effect. Evidence and testimony must be based on recent events, as anything older than four years cannot be considered. All witnesses must testify under oath or affirmation. Additionally, regularly kept records by the governing board can be used as evidence, but again, only for events within the last four years.

The administrative law judge shall determine whether there is cause to dismiss or penalize the employee. If he or she finds cause, he or she shall determine whether the employee shall be dismissed and determine the precise penalty to be imposed, and shall determine whether his or her decision should be imposed immediately or postponed pursuant to Section 87672.
No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters which occurred more than four years prior to the date of the filing of the notice. Evidence of records regularly kept by the governing board concerning the employee may be introduced, but no decision relating to the dismissal or suspension of any employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years prior to the filing of the notice.

Section § 87681

Explanation

If an administrative law judge decides to delay putting their decision into effect, only the judge can later decide to end that delay.

In the case in which the administrative law judge determines that the operation of his or her decision should be postponed, any question of terminating the postponement shall be brought to the administrative law judge.

Section § 87682

Explanation

This section explains that an arbitrator's or administrative law judge's decision can be reviewed by a court if either the school board or the employee involved requests it. The court will look at the evidence fresh, using its own judgment, rather than relying on previous decisions. These court review cases are prioritized over most other cases in the schedule, except for older or specially prioritized cases.

The decision of the arbitrator or administrative law judge, as the case may be, may, on petition of either the governing board or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by an administrative law judge under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law.

Section § 87683

Explanation

If a school district goes through a hearing process with the Office of Administrative Hearings, the district is responsible for covering any charges or fees that arise from that process.

The charges levied by the Office of Administrative Hearings shall be paid by the district.