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

Case Study Regarding Discipline And Dismissal Of Administrators:

Entezampour v. North Orange County Community College Dist.

In July 2003, plaintiff Mohammad Entezampour was hired by defendant North

Orange County Community College District as dean of the science, engineering,

and mathematics division at Cypress College. In February 2007, Entezampour

was notified that the District would not be renewing his employment as dean for

the following academic year. He sought to exercise the right “to become a first-

year probationary faculty member once his or her administrative assignment

expires or is terminated,” upon the satisfaction of statutorily enumerated

conditions under Section 87458. The district refused and Entezampour filed a

writ of mandate compelling the district to reassign him.

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 or her 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

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