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

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

concerns.

The Education Code also states the intent of the Legislature that faculty evaluations

include a student-evaluation component, to the extent practicable.

Minimally, district evaluation procedures must afford faculty members the right to be evaluated

under clear, fair, and equitable procedures that are locally defined through the collective

bargaining process where the faculty has chosen to elect an exclusive representative. Those

procedures shall ensure good-faith treatment of the probationary faculty member, but may not

afford de facto tenure rights.

D. S

ENIORITY VS

. T

ENURE

It is important to understand the distinction between tenure and seniority; the two are separate

concepts. Tenure describes an employee’s right to employment in the district. Seniority, in

contrast, describes the right of an employee to employment relative to his or her colleagues.

Section 2

EMPORARY

CADEMIC

MPLOYEES

Community colleges are generally expected to staff their academic positions with contract and

regular employees. In other words, tenure is the rule and temporary employment the exception.

Nevertheless, various scenarios create a need for temporary employment such as district

acquisition of categorical program funds, temporary vacancies caused by an employee leave, and

fluctuations in student enrollment. In these instances, districts are permitted to hire part-time,

temporary faculty (known variously as “adjunct,” “hourly,” “temporary,” or “part-time”). While

such employment is permitted, the Education Code squarely places the burden on districts to

demonstrate legally and factually that an employee is temporary.

Further, to ensure that districts do not overstaff their campuses with temporary faculty, the

Education Code establishes several restrictions on temporary employment. First, the Code

places a limit on the number of part-time faculty members that a district may hire. Second, the

Code defines the types of service that may properly be provided by a temporary faculty member.

Finally, in some circumstances, the Code places limits on how long an employee can serve and

remain a temporary (rather than a contract or regular) employee.

Additionally, the Education Code includes several protections and programs designed to

encourage greater participation of, and protections for, part-time faculty.

A. C

LASSIFICATION OF

EMPORARY

CADEMIC

MPLOYEES

The Education Code, specifically Sections 87475

et seq.

, authorizes community college districts

to hire temporary faculty members under certain conditions. Positions should not be classified as

temporary unless the employment meets one of these enumerated conditions.

Moreover,

districts must provide temporary faculty with written notice, at the time of employment,

indicating both the temporary nature of the employment and the length of employment. If a