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

However, an instructor hired as a temporary employee but teaching more than 67% (formerly 60%) of full-time assignment during fall semester and as a temporary sabbatical replacement during spring semester had to be classified as a contract or probationary employee when she was rehired full-time for the following school year. 42

In short, following the guidelines below will assist districts in adhering to the 67 percent threshold:

 Persons employed for 67% or less of the hours per week of a full-time assignment may be employed indefinitely as temporary employees.  Persons employed for 67% or less of the hours per week of a full-time assignment may be employed without regard to the two-semester, three- quarter limitation of Section 87482.  If a temporary employee exceeds the 67% threshold, he or she thereafter may possibly be classified as a probationary or tenured employee.  To compute the 67% threshold, the faculty load may be averaged over an academic year, but only where the employee has an annual employment contract. In the usual case, where temporary employees are hired each semester, districts should be cautious to prevent a faculty member in any week from exceeding 67%.  Rights to tenure cannot be waived by the employee or his or her representative if the employee would otherwise have those rights based upon statute.  Tenure is the rule and temporary employment the exception, such that it is the employing district’s burden to demonstrate legally and factually that the employee is temporary.  Service as a substitute on a day-to-day basis by persons employed as a temporary employee shall not be used for purposes of calculating eligibility for contract or regular status. Theiler v. Ventura County Community College Dist. 43 The Ventura County Community College District employed Jeff Theiler as a basketball coach from 2004 to 2008. The District terminated his employment November 21, 2008 after an investigation revealed that Theiler submitted false transcripts to obtain eligibility for student athletes, granted favors to non- resident athletes, and interfered with the investigation. The District claimed that he was a temporary faculty member, but Theiler argued that he was a contract employee who was entitled to due process.

Case Study Regarding Calculating 67%:

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 18