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The court found that an administrator has the right to reassignment to a first- year probationary faculty member position if the administrator (1) is employed in an administrative position that is not part of the classified service; (2) has not previously acquired tenured status as a faculty member in the same district; (3) is not under contract in a program or project to perform services conducted under contract with public or private agencies, or in other categorically funded projects of indeterminate duration; (4) has completed at least two years of satisfactory service, including any time previously served as a faculty member, in the district, and the termination of his/her/their administrative assignment was for any reason other than dismissal for cause; and (5) had a first day of paid service in the district as a faculty member or an administrator on or after July 1, 1990. Since Entezampour fulfilled these requirements, he was entitled to be reassigned. Wong v. Ohlone College 57 In January and February of 2003, Ohlone College (“College”) decided to layoff certain administrative employees due to budgetary constraints. One of these employees was Steven Wong, who was then Dean of the Business and Technology Division. Additionally, the College determined that it would not fill two full-time faculty positions in the same division that were being vacated by employees who were retiring. The College administrators stopped the recruitment process for the full-time faculty positions. In March 2003, Wong was told that he would not be reemployed as Dean for the 2003–2004 school year. Wong requested appointment as a first-year probationary faculty member for the next semester under Section 87458. The College denied the request because there was no available position. The trial court found that Wong’s right to appointment was not absolute under Section 87458, but required that there be a position available to which the College could appoint him. The Court of Appeal agreed and found that in determining whether to grant or deny a request for appointment under Section 87458, the governing board must necessarily take into consideration, among other things, the availability of a funded position to which the terminated administrator can be appointed. The College had discretion to address its budget constraints and thus was not required to fund the full-time position for Wong.

E. L AYOFF OF E DUCATIONAL A DMINISTRATORS When laying off administrators, it is important to remember that even though the administrator position is eliminated, the employee may have the right to be reassigned to a faculty position. Thus, administrators must be included on the seniority list as a faculty member. Depending on when they were hired, an administrator may be tenured faculty.

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