Human Resources Academy II for Community College Districts

academic employee on leave pending the investigation, the District should be mindful of the 90- day requirement set forth in Section 87623. However, it is important to note, the “employer should complete its investigation of the accused misconduct and initiate the disciplinary proceedings…” language does not appear to be mandatory. Had the legislature intended for it to be mandatory, the statute would have read “ must complete its investigation…” Regardless, there are other timing issues that districts must be mindful of (e.g., formal Title 5 timing issues, Title IX, etc.). To terminate a regular faculty member or a contract faculty member during the academic year , a community college district must comply with the causes and procedures set forth in Education Code Sections 87732 and 87734. 35 Education Code Section 87732 limits termination for cause to the following statutory grounds:

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Immoral or unprofessional conduct;

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Dishonesty;

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Unsatisfactory performance;

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Evident unfitness for service;

 Physical or mental condition making him of her unfit to instruct or associate with students;  Persistent violation of or refusal to obey the state’s school laws or reasonable regulations of the Board of Governors or the Board of Trustees;

 Conviction of a felony or a crime involving moral turpitude; and

 Conduct specified in Government Code Section 1028. 36

The governing board initiates dismissal proceedings by adopting a resolution incorporating a Statement of Charges submitted by the superintendent/president. The Board must make sure that:

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The employee has been evaluated;

 The board has received all statements of evaluation which considered the events for which dismissal is to be imposed;

 The board has received a recommendation from the president; and

 The board has considered the evaluation and recommendations in a lawful meeting of the board.

After the board acts, the Statement of Charges is served on the faculty member, who must be given thirty (30) days to request a hearing. If no hearing is requested, the dismissal becomes effective at the end of the thirty days. If a hearing is requested, the district and the employee must try to select a mutually acceptable arbitrator to hear the matter; otherwise, the State’s Office of Administrative Hearings takes jurisdiction of the matter and assigns the case to a State Administrative Law Judge. Thereafter, the matter proceeds to trial.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 32