Human Resources Academy II for Community College Districts

Districts should note that nothing in this section precludes serving the employee with a Notice of Intent to Dismiss if the employee is acquitted. Conviction of a crime requires proof “beyond a reasonable doubt.” Thus, a district may have sufficient evidence of conduct warranting dismissal (i.e. a preponderance of the evidence) although there was insufficient evidence to convict. However, the district would have to establish grounds to dismiss pursuant to section 87732. E. S TUDENT E MPLOYEES —87406.5 Education Code section 87406.5 provides that, notwithstanding any other provision of law to the contrary, a governing board may employ any student enrolled in the district who is an ex-convict or who is on parole, other than a person determined to be a sexual psychopath, to perform non- instructional duties. Student employees are not considered classified employees.

E MPLOYMENT OF T EMPORARY F ACULTY M EMBERS

Section 2

A. E MPLOYMENT OF A CADEMIC E MPLOYEES IN C ATEGORICALLY F UNDED P ROJECTS

1. I NTRODUCTION

Community college districts are expected to staff their academic positions with contract (probationary) and regular (tenured) employees. However, where an academic position is funded through a limited, finite funding source, the Education Code allows for greater flexibility in the terms of hiring and procedures for termination. Specifically, Education Code section 87470 authorizes community college governing boards to employ academic employees as temporary employees, if they serve in programs and projects under contract with public or private agencies, or other categorically funded projects of indeterminate duration. These academic employees, including academic administrators, may be employed under terms and conditions mutually agreed upon in writing by the employee and the governing board. 6 In order to ensure that the district retains the flexibility to release a “categorical” employee if the funding expires, the contract should clearly state the temporary status of the employee; that employment is at will, and that employment is contingent upon the continuation of funding. Further, it is essential that all contracts or other written notices of temporary employment; be provided to academic employees on or before the first date of paid service. Lack of clarity and/or notice of status after the first date of paid service may result in the employee acquiring probationary/contract status and for-cause termination rights.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 15