Human Resources Academy II for Community College Districts

 Disruption of the educational process.

Additionally, employees charged with immoral conduct may be placed on unpaid administrative leave pending final resolution of the charges. 38

D. E VIDENT U NFITNESS FOR S ERVICE “Evident unfitness for service,” as set out in Education Code Section 87732(d), does not require a 90-day notice before it is invoked, but can be compellingly demonstrated by some of the same evidence that would be used to prove a charge of unprofessional conduct. However, to demonstrate evident unfitness, a district must prove both the conduct giving rise to discipline, and that the conduct has resulted from some “defect in temperament” that renders the employee unable or unwilling to correct his or her behavior. 39 Immoral conduct need not be shown to establish evident unfitness. Rather, “unfitness” is established by utilizing the Morrison criteria (discussed above) to assess the conduct; and “evident” unfitness is demonstrated by showing that the employee is unwilling or incapable of correcting the behavior. E. P ERSISTENT V IOLATION OF OR R EFUSAL TO O BEY THE S TATE ’ S S CHOOL L AWS OR R EASONABLE R EGULATIONS OF THE B OARD OF G OVERNORS OR THE B OARD OF T RUSTEES (I NSUBORDINATION ) Academic employees may also be terminated for insubordination. A 90-day notice is not required before charging an employee with insubordination. Further, as with immoral conduct, employees charged with willful refusal to perform regular assignments without reasonable cause may be placed on unpaid leave pending resolution of the charges (unless they post a bond, in which case the leave is paid).

F. S TEPS IN THE D ISCIPLINARY P ROCESS

The District must be careful to comply with the following minimum statutory requirements:

 President’s Recommendation for Statement of Dismissal 40 with Statement of Charges attached : The College President signs and dates this document, and submits it to the Board of Trustees for its consideration at a regularly scheduled Board Meeting. 41  Statements of Evaluation : The President submits the evaluations for the listed time period to the Board of Trustees members along with the Recommendation of the President. The President must submit to the Board “all statements of evaluation which considered the events for which dismissal or penalties may be imposed.” 42  24-hour Notice to Employee : Pursuant to Section 54957 of the Government Code of the Ralph M. Brown Act (California’s open meeting law) the employee must be given 24-hour notice that the charges will be considered

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 34