Human Resources Academy II for Community College Districts

semester, districts should be cautious to prevent a faculty member in any week from exceeding 67%.  Rights to tenure cannot be waived by the employee or his or her representative if the employee would otherwise have those rights based upon statute.  Tenure is the rule and temporary employment the exception, such that it is the employing district’s burden to demonstrate legally and factually that the employee is temporary.  Service as a substitute on a day-to-day basis by persons employed as a temporary employee shall not be used for purposes of calculating eligibility for contract or regular status. Theiler v. Ventura County Community College Dist. 12 The Ventura County Community College District employed Jeff Theiler as a basketball coach from 2004 to 2008. The District terminated his employment November 21, 2008 after an investigation revealed that Theiler submitted false transcripts to obtain eligibility for student athletes, granted favors to nonresident athletes, and interfered with the investigation. The District claimed he was a temporary faculty member, but Theiler argued that he was a contract employee who was entitled to due process. Each semester Theiler accepted a written “Offer of Temporary Non–Contract Academic Employment.” The offer assigned him to teach a basketball course for two hours a day. No offer exceeded 60% FTE. Pursuant to the collective bargaining agreement, the District compensated its coaches, including Theiler, for performing ancillary duties with a stipend, paid as a flat amount that did not depend on the number of hours actually worked. Theiler argued that although the class was officially scheduled for one hour and 50 minutes, Theiler spent at least two to three hours per session coaching. He also held one extra basketball practice per week for two to three hours and was required to supervise students in weight training and “plyometric exercise.” He also spent at least 1.63 hours a week coaching basketball games. Theiler's coaching duties required that he attend meetings with coaching staff, plan practices, review films, engage in extensive preparation to competently instruct the class and supervise the men's basketball program, develop scouting reports on opponents, recruit high school students to play basketball, supervise work- study programs, and engage in fund raising for the basketball program. The District claimed that basketball coaches are paid a stipend to cover the performance of ancillary duties, which include the additional duties Theiler described.  Case law regarding calculating 67%

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 21