2007 California Education Code Article 6. Termination Of Services And Reduction In Force 87730-87740

CA Codes (edc:87730-87740)

87730.  Governing boards of community college districts shall accept
the resignation of any employee and shall fix the time when the
resignation takes effect, which shall not be later than the close of
the school year during which the resignation has been received by the
board.


87731.  Whenever any academic employee of any community college
district who, at the time of his or her resignation, was classified
as regular, is reemployed within 39 months after his or her last day
of paid service, the governing board of the district shall,
disregarding the break in service, classify him or her as, and
restore to him or her all of the rights, benefits and burdens of, a
regular employee, except as otherwise provided in this code;
provided, that time spent in active military service, as defined in
Section 87700, subsequent to the last day of paid service shall not
count as part of the aforesaid 39-month period.



87732.  No regular employee or academic employee shall be dismissed
except for one or more of the following causes:
   (a) Immoral or unprofessional conduct.
   (b) Dishonesty.
   (c) Unsatisfactory performance.
   (d) Evident unfitness for service.
   (e) Physical or mental condition that makes him or her unfit to
instruct or associate with students.
   (f) Persistent violation of, or refusal to obey, the school laws
of the state or reasonable regulations prescribed for the government
of the community colleges by the board of governors or by the
governing board of the community college district employing him or
her.
   (g) Conviction of a felony or of any crime involving moral
turpitude.
   (h) Conduct specified in Section 1028 of the Government Code.



87733.  No report on the fitness of a faculty member in a dismissal
proceeding shall be received from a statewide professional
organization by a governing board unless the employee shall have been
given, prior to the preparation of the report in its final form, the
opportunity to submit in writing his or her comments on the report
and unless a copy of the report in final form is given to the
employee investigated at least 10 days prior to its submission to the
board.  The report shall not be distributed other than to the
governing board and those persons participating in its preparation
unless the employee does not demand a hearing as provided by law.




87734.  The governing board of any community college district shall
not act upon any charges of unprofessional conduct or unsatisfactory
performance unless during the preceding term or half college year
prior to the date of the filing of the charge, and at least 90 days
prior to the date of the filing, the board or its authorized
representative has given the employee against whom the charge is
filed, written notice of the unprofessional conduct or
unsatisfactory performance, specifying the nature thereof with
specific instances of behavior and with particularity as to furnish
the employee an opportunity to correct his or her faults and overcome
the grounds for the charge.  The written notice shall include the
evaluation made pursuant to Article 4 (commencing with Section
87660), if applicable to the employee.  "Unprofessional conduct" and
"unsatisfactory performance," as used in this section, means, and
refers only to, the unprofessional conduct and unsatisfactory
performance particularly specified as a cause for dismissal in
Section 87732 and does not include any other cause for dismissal
specified in Section 87732.



87735.  Upon the filing of written charges, duly signed and verified
by the person filing them with the governing board of a community
college district, or upon a written statement of charges formulated
by the governing board, charging a permanent employee of the district
with immoral conduct, conviction of a felony or of any crime
involving moral turpitude, with incompetency due to mental
disability, or with willful refusal to perform regular assignments
without reasonable cause, as prescribed by reasonable rules and
regulations of the employing district, the governing board may, if it
deems such action necessary, immediately suspend the employee from
his or her duties and give notice to him or her of his or her
suspension, and that 30 days after service of the notice, he or she
will be dismissed, unless he or she demands a hearing.



87736.  Whenever any academic employee of a community college
district is charged with the commission of any sex offense, as
defined in Section 87010, by complaint, information, or indictment
filed in a court of competent jurisdiction, the governing board of
the district may immediately place the employee upon compulsory leave
of absence for a period of time extending for not more than 10 days
after the date of the entry of the judgment in the proceedings.  The
governing board of the district may extend the compulsory leave of
absence of the employee beyond such period by giving notice to the
employee within 10 days after the entry of judgment in the
proceedings that the employee will be dismissed at the expiration of
30 days from the date of service of the notice, unless the employee
demands a hearing as provided in Section 87737.
   Any employee placed upon compulsory leave of absence pursuant to
this section shall continue to be paid his or her regular salary
during the period of his or  her compulsory leave of absence, if and
during such time as the employee furnishes to the community college
district a suitable bond, or other security acceptable to the
governing board, as a guarantee that the employee will repay to the
district the amount of salary so paid to the employee during the
period of the compulsory leave of absence in case the employee is
convicted of such charges, or fails or refuses to return to service
following an acquittal of the offense or dismissal of the charges.
If the employee is acquitted of the offense, or the charges against
the employee are dismissed, the district shall reimburse the employee
for the cost of the bond upon his or her return to service in the
district.
   If the employee does not elect to furnish bond, or other security
acceptable to the governing board of the district, and if the
employee is acquitted of the offense, or the charges against the
employee are dismissed, the district shall pay to the employee his or
her full compensation for the period of the compulsory leave of
absence upon his or her return to service in the district.
   Whenever any academic employee of a community college district is
charged with the commission of any narcotics offense as defined, in
Section 87011 of the Education Code, or a violation of Section 261.5
of the Penal Code, Sections 11357 to 11361, inclusive, 11363, 11364,
or 11377 to 11382, inclusive, insofar as such sections relate to any
controlled substances in paragraph (4) or (5) of subdivision (b) of
Section 11056, or any controlled substances in subdivision (d) of
Section 11054, except paragraphs (10), (11), (12), and (17) of such
subdivision, of the Health and Safety Code, by complaint,
information, or indictment filed  in a court of competent
jurisdiction, the governing board of the district may immediately
place the employee upon compulsory leave in accordance with the
procedure in this section.


87737.  The notice of suspension and intention to dismiss, shall be
in writing and be served upon the employee personally or by United
States registered mail addressed to the employee at his or her last
known address. A copy of the charges filed, together with a copy of
the provisions of Section 87736, shall be attached to the notice.  If
the employee demands a hearing within 30 days, the matter shall
proceed to arbitration or hearing, as the case may be, as specified
in Article 4.  If the employee does not demand a hearing within the
30-day period, his or her dismissal shall be effective upon the
expiration of 30 days after service of the notice.



87740.  (a) No later than March 15 and before an employee is given
notice by the governing board that his or her services will not be
required for the ensuing year, the governing board and the employee
shall be given written notice by the superintendent of the district
or his or her designee, or in the case of a district which has no
superintendent by the clerk or secretary of the governing board, that
it has been recommended that the notice be given to the employee,
and stating the reasons therefor.
   If a contract employee has been in the employ of the district for
less than 45 days on March 15, the giving of the notice may be
deferred until the 45th day of employment and all time periods and
deadline dates prescribed in this subdivision shall be coextensively
extended.
   Until the employee has requested a hearing as provided in
subdivision (b) or has waived his or her right to a hearing, the
notice and the reasons therefor shall be confidential and shall not
be divulged by any person, except as may be necessary in the
performance of duties.  However, the violation of this requirement of
confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted pursuant
to this section.
   (b) The employee may request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year.  A request
for a hearing shall be in writing and shall be delivered to the
person who sent the notice pursuant to subdivision (a), on or before
a date specified in that subdivision, which shall not be less than
seven days after the date on which the notice is served upon the
employee.  If an employee fails to request a hearing on or before the
date specified, this failure to do so shall constitute waiver of his
or her right to a hearing.  The notice provided for in subdivision
(a) shall advise the employee of the provisions of this subdivision.

   (c) In the event a hearing is requested by the employee, the
proceeding shall be conducted and a decision made in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code and the governing board shall have all
the power granted to an agency in that chapter, except that all of
the following shall apply:
   (1) The respondent shall file his or her notice of defense, if
any, within five days after service upon him or her of the accusation
and he or she shall be notified of this five-day period for filing
the accusation.
   (2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15
days after service of the accusation, and the notice required by
Section 11505 of the Government Code shall so indicate.
   (3) The hearing shall be conducted by an administrative law judge
who shall prepare a proposed decision, containing findings of fact
and a determination as to whether the charges sustained by the
evidence are related to the welfare of the colleges and the students
thereof.  The proposed decision shall be prepared for the governing
board and shall contain a determination as to the sufficiency of the
cause and a recommendation as to disposition.  However, the governing
board shall make the final determination as to the sufficiency of
the cause and disposition.  None of the findings, recommendations, or
determinations contained in the proposed decision prepared by the
administrative law judge shall be binding on the governing board or
on any court in future litigation.  Copies of the proposed decision
shall be submitted to the governing board and to the employee on or
before May 7 of the year in which the proceeding is commenced.  All
expenses of the hearing, including the cost of the administrative law
judge, shall be paid by the governing board from the district funds.

   The board may adopt, from time to time, rules and procedures not
inconsistent with this section that may be necessary to effectuate
this section.
   (d) The governing board's determination not to reemploy a contract
employee for the ensuing college year shall be for cause only.  The
determination of the governing board as to the sufficiency of the
cause pursuant to this section shall be conclusive, but the cause
shall relate solely to the welfare of the colleges and the students
thereof and provided that cause shall include termination of services
for the reasons specified in Section 87743.  The decision made after
the hearing shall be effective on May 15 of the year the proceeding
is commenced.
   (e) Notice to the contract employee by the governing board that
the employee's service will not be required for the ensuing year
shall be given no later than May 15.
   (f) If a governing board notifies a contract employee that his or
her services will not be required for the ensuing year, the board,
within 10 days after delivery to it of the employee's written
request, shall provide him or her with a statement of its reasons for
not reemploying him or her for the ensuing college year.
   (g) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.
   (h) If the governing board does not give notice provided for in
subdivision (e) on or before May 15, the employee shall be deemed
reemployed for the ensuing school year.
   (i) If, after request for hearing pursuant to subdivision (b), any
continuance is granted pursuant to Section 11524 of the Government
Code, the dates prescribed in subdivisions (c), (d), (e) and (h) that
occur on or after the date of granting the continuance shall be
extended for a period of time equal to the continuance.