EmploymentEvaluations and Discipline
Section § 87660
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.
Section § 87661
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.
Section § 87662
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.
Section § 87663
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.
Section § 87664
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.
Section § 87665
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.
Section § 87666
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.
Section § 87667
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.
Section § 87668
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.
Section § 87669
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.
Section § 87670
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.
Section § 87671
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.
Section § 87672
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.
Section § 87673
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.
Section § 87674
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.
Section § 87675
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.
Section § 87676
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.
Section § 87677
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.
Section § 87678
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.
Section § 87679
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.
Section § 87680
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.
Section § 87681
If an administrative law judge decides to delay putting their decision into effect, only the judge can later decide to end that delay.
Section § 87682
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.
Section § 87683
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.