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

84 / 130

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
84
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.
Section 11 RECORDS USE AND R ECORDS RETENTION
A. PERSONNEL 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. HOW LONG MUST RECORDS BE RETAINED?
Community college district employee personnel records are to be retained indefinitely even after
separation.249
2. WHAT INFORMATION MAY BE PLACED INTO A PERSONNEL FILE
“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;