Human Resources Academy II for Community College Districts

B. E MPLOYMENT OF A DJUNCT F ACULTY

1. O VERVIEW As noted above, 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 (discussed above); temporary vacancies caused by an employee leave; and fluctuations in student enrollment. In these instances, districts are permitted to hire part-time, and/or temporary faculty (known variously as “adjunct,” “hourly,” “temporary,” or “part-time”). However, 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, in order to ensure that districts do not over-staff their campuses with temporary faculty, the Education Code establishes various restrictions on temporary employment. First, the Code places a limit on the number of adjunct faculty a district may hire. Second, the Code defines the types of service that may properly be provided by a temporary faculty member. Finally, the Code places limits on how long an employee can serve and remain a temporary (rather than contract or regular) employee. 2. L IMITATIONS ON THE N UMBER OF A DJUNCTS Education Code Sections 87482.6 and 87482.7 require community college districts to consider carefully staffing decisions to accomplish the legislative goal of providing at least 75% of credit hour instruction in community colleges by full-time instructors, while still maintaining program flexibility. 3. C LASSIFICATION OF A DJUNCTS The Education Code, 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. 9 Moreover, districts must provide temporary faculty with written notice, at the time of employment that clearly indicates both the temporary nature of the employment, and the length of employment. If a district fails to provide this notice, the employee may be deemed a contract employee by operation of law. To avoid the automatic conversion of temporary faculty to contract or regular status, districts must provide clear written notice of the employee’s temporary status on or before the first date of paid service. 10 Additionally, the Education Code includes several protections and programs designed to encourage greater participation of, and protections for, adjunct faculty.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 17