Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

sexual harassment. The Court of Appeal disagreed and found summary judgment inappropriate because a triable issue of fact existed as to whether the staring constituted intimidation and hostility. The Court also found that managerial failure to intervene effectively to prevent or end sexual harassment in the workplace can amount to a ratification of the misconduct for which the employer may be held liable.

R ECORDS U SE AND R ECORDS R ETENTION

Section 11

A. P ERSONNEL F ILES Personnel files contain employment applications, required Immigration and Naturalization Service forms, performance evaluations, written confirmation of employment actions, documents regarding discipline or proposed discipline, personal data, leave and attendance records, test results, and sometimes medical and psychological information and reports. Any of these records could be used to determine the employee’s qualification for employment, promotion, additional compensation, or disciplinary action. LCW recommends that districts maintain medical and psychological information and reports received on behalf of an employee but that these be kept in a separate file from the general personnel file. Employees have an interest in being able to inspect their own files to assure accuracy and fairness.

1. H OW L ONG M UST R ECORDS B E R ETAINED ?

Community college district employee personnel records are to be retained indefinitely even after separation. 249

2. W HAT I NFORMATION M AY B E P LACED INTO A P ERSONNEL F ILE

“Official” personnel files may contain any or all of the following:



Employment applications;



Performance evaluations/appraisals;

 Written confirmation of employment actions (e.g., salary information, reclassifications, transfers, promotions);

 Documents regarding discipline or proposed discipline;

 Personal data, including marital status, family members, educational and employment history, or similar information;



Applicable tax documents;



Notices and letters of commendation;

 Complaints or investigations of complaints concerning an employee’s conduct, or an event or transaction in which the employee participated;

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 84