SECTIONS 87660-87683 - California Statutes

EDUCATION CODE

SECTION 87660-87683

87660. 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.

87661. 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" 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) "District" means a community college district.
(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.

87662. 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.

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) 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) Evaluations shall include, but not be limited to, a peer
review process.
(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) The Legislature recognizes that faculty evaluation procedures
may be negotiated as part of the collective bargaining process.
(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) It is the intent of the Legislature that faculty evaluation
include, to the extent practicable, student evaluation.
(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) 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.

87664. 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.

87665. 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.

87666. 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.

87667. A contract or regular employee may be dismissed or penalized
for one or more of the grounds set forth in Section 87732.

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

87669. 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.

87670. The procedure set forth in this article does not apply to an
immediate suspension effected under Section 87736.

87671. 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) The employee has been evaluated in accordance with standards
and procedures established in accordance with the provisions of this
article.
(b) The district governing board has received all statements of
evaluation which considered the events for which dismissal or
penalties may be imposed.
(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) The district governing board has considered the statements of
evaluation and the recommendations in a lawful meeting of the board.

87672. 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.

87673. 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.

87674. 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.

87675. 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.

87676. 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.

87677. 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.

87678. 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.

87679. 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.

87680. 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.

87681. 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.

87682. 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.

87683. The charges levied by the Office of Administrative Hearings
shall be paid by the district.