Human Resources Academy II for Community College Districts

E NDNOTES

1

See , Gov. Code § 12952.

2 Ed. Code, § 88122.

3

See, Gov. Code section 12952(d) 4 Grounds for terminating academic employees; including application of the Morrison Factors, is discussed in Section 4 of this Workbook. 5 Non-merit districts are not prohibited from instituting such compulsory leaves. However, such procedures are established by board policy and labor negotiating in non-merit districts, rather than by statute. 6 Ed. Code, § 87470, subd. (a)(1); but see Haase v. Diego Community College Dist. (1980) 113 Cal.App.3d 913 [170 Cal.Rptr. 366], (certificated employee reassigned from position as part-time temporary hourly employee to position in a categorically funded program not prejudiced by failure of community college district to sign written agreements). 7 Ed. Code, § 87470, subd. (a)(2)(A)-(B). 8 Education Code section 87458 provides that educational administrators, who satisfy certain criteria, have the right to become first-year probationary faculty upon expiration of their administrative assignments. 9 Stryker v. Antelope Valley Community College Dist. (2002) 100 Cal.App.4th 324 [122 Cal.Rptr.2d 489]. 10 See Kavanagh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911 [129 Cal.Rptr.2d 811, 62 P.3d 54], as modified (Apr. 16, 2003) , holding that the parallel language applying to K-12 districts requires notice of temporary status on or before the first date of paid service. 11 See Kalina v. San Mateo Community College Dist. (1982) 132 Cal.App.3d 48 [183 Cal.Rptr. 12]. 12 Theiler v. Ventura County Community College Dist. (2011) 198 Cal.App.4th 852 [130 Cal.Rptr.3d 273], as modified (Aug. 24, 2011) 13 See Fremont Unified School District (1997) PERB Dec. No. 1240 [22 PERC ¶ 29026]. 14 See Barstow USD (1997) PERB Dec. No. 1138b [21 PERC ¶ 28068]; Personnel Com. v. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871 [50 Cal.Rptr.2d 797], as modified on denial of reh'g (Apr. 12, 1996) . 15 California School Employees Ass'n v. Tustin Unified School Dist. (2007) 148 Cal.App.4th 510, 516–517 [55 Cal.Rptr.3d 739]. 16 California School Employees Ass'n v. Tustin Unified School Dist. (2007) 148 Cal.App.4th 510, 516–517 [55 Cal.Rptr.3d 739]. 17 Lab. Code, § 233, subd. (b)(4)(A)-(C).

18 Lab. Code, § 233, subd. (b). 19 Lab. Code, § 233, subd. (c).

20 Lab. Code, § 233, subd. (d) [Employee complaints are enforced by the Labor Commissioner. Alternatively, an employee may bring a civil action for the remedies provided by this section in a court of competent jurisdiction. If the employee prevails, the court may award reasonable attorney's fees]; See Lab. Code, § 233, subd. (e); Moreover, the rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other provisions of law; See Lab. Code, § 233, subd. (f).

21 Ed. Code, § 87784. 22 Ed. Code, § 87784. 23 Ed. Code, § 87780.

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