State California Regulations TITLE 5. EDUCATION DIVISION 5. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITIES database is current through 09/29/06, Register 2006, No. 39 s 40000. Campus. As used in this Chapter, the term "campus" shall mean any of the institutions included within the California State University, as specified in Section 89001 of the Education Code. Note: Authority cited: Sections 66600 and 89030, Education Code.Authority cited: Sections 66600 and 89030, Education Code. s 40050. Functions. The primary function of the California State University is the provision of instruction for undergraduate students and graduate students through the master's degree, in the liberal arts and sciences, in applied fields and in the professions, including the teaching profession. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be authorized only when mutually agreed upon by the Board of Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, or jointly with a private institution of higher education accredited by the Western Association of Schools and Colleges, provided that in the latter case, the doctoral program is approved by the California Postsecondary Education Commission. Faculty research is authorized to the extent that it is consistent with the primary function of the California State University and the facilities provided for that function. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 66608, Education Code.Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 66608, Education Code. s 40050.1. Function: Instruction Leading to the Doctor of Education Degree. Notwithstanding Section 40050, the Doctor of Education degree may be awarded independently of any other institution of higher education, provided that the program leading to the degree satisfies the criteria in subdivision (a) of Section 40511. Note: Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code. s 40051. California Polytechnic State University, San Luis Obispo and California Polytechnic State University, Pomona, Special Emphases. In addition to the functions provided by Section 40050, California Polytechnic State University, San Luis Obispo, and California Polytechnic State University, Pomona, shall each be authorized to emphasize the applied fields of agriculture, engineering, business, home economics and other occupational and professional fields. This section shall be liberally construed. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 90404, Education Code. s 40055. California Maritime Academy. The primary mission of the California Maritime Academy, a specialized institution, is to provide instruction in the maritime sciences, engineering, and related fields, including all those necessary to provide the highest quality licensed officers for the merchant marine and California maritime industries. The California Maritime Academy is authorized to require students in one or more degree programs to qualify for United States Coast Guard merchant marine licenses as a condition of earning a degree. Note: Authority cited: Section 89030, Education Code. Reference: Sections 89030 and 90100, Education Code. s 40056. California Maritime Academy: Board of Visitors. (a) The Board of Visitors to the California Maritime Academy is hereby established. It shall advise the president of the academy on matters related to the mission of the academy. The Board of Visitors shall be constituted with a membership consistent with the requirements of Education Code Section 90120. The Federal Maritime Administration is invited to provide a nonvoting representative to participate in meetings of the Board of Visitors, as provided by Education Code Section 90120. (b) The President of the California Maritime Academy is delegated authority to appoint members to the academy's Board of Visitors. Note: Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90120 and 90121, Education Code. s 40057. California Maritime Academy: Special Requirements. The California Maritime Academy is authorized to require students to meet standards and requirements established by the United States Coast Guard and the Federal Maritime Administration. The following are requirements for academy students in degree programs which require a United States Coast Guard merchant marine license: (a) The students shall be required to take a medical examination to determine eligibility for admission, shall be subject to scheduled and unscheduled examination and testing for the use of drugs and alcohol and shall be subject to periodic medical examinations to determine fitness for study, training and assigned duties. (b) The students shall be required to participate in training cruises, conducted by both the academy and commercial operators. (c) The students shall be required to purchase health insurance by or through the academy or to provide proof of equivalent coverage. Note: Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90100, 90122 and 90130, Education Code. s 40059. California Maritime Academy: Student Conduct. The California Maritime Academy is authorized to establish special standards of performance, conduct, and discipline to which students at the academy shall be subject. The academy shall have a demerit and discipline system that shall include among its sanctions dismissal, probation, suspension, restitution, extra duty, and other service to the academy or community. The president of the academy shall adopt disciplinary procedures for students at the academy. A copy of the disciplinary procedures shall be provided to every student. Note: Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90100, 90121 and 90130, Education Code. s 40060. California Maritime Academy: Special Provisions and Exceptions from Other California State University Regulations. Notwithstanding any other provision of Division 5 of Title 5 of the California Code of Regulations, the California Maritime Academy, by recommendation of its president after consultation with the academy's academic senate on issues within its purview, and approval of the chancellor, may establish separate fees, academic and professional training requirements, and student regulations deriving from its specialized mission. Note: Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90100, 90121, 90130, 90140 and 90142, Education Code. s 40100. Authorization to Establish Curricula. A campus may be authorized by the Board of Trustees to establish and maintain curricula leading to the bachelor's degree, the master's degree, and the doctoral degree, provided that in the case of the doctoral degree, the requirements of Section 40050 or Section 40050.1 are satisfied. Note: Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code. s 40100.1. Cooperative Curricula. Curricula leading to the bachelor's or master's degree may be established cooperatively by two or more campuses. The Chancellor is authorized to establish and from tie to time revise such procedures as may be appropriate for the administration of this section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40100.2. The Consortium of the California State University and Colleges. The Consortium of The California State University and Colleges ( "The Consortium") is hereby established. Notwithstanding any other provision of this chapter to the contrary, The Consortium shall conduct academic programs utilizing combined faculty and program resources of The California State University and Colleges, and degrees authorized in Article 6, Subchapter 2 of this chapter may be awarded by The Consortium in the name of the Board of Trustees. The Chancellor is authorized to establish and from time to time to revise such provisions as may be appropriate for the administration of this section. The Chancellor shall report annually to the Board on such provisions issued pursuant to this section, commencing at the first meeting of the Board following July 1, 1974. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40100.3. Authorization to Establish Teacher Education Programs. The Chancellor may establish and operate teacher education programs leading toward fulfillment of requirements for one or more public school service credentials. When the programs are approved by the California Commission for Teacher Credentialing, the campuses participating in the programs are authorized to recommend individuals who have completed requirements to the California Commission for Teacher Credentialing. Students admitted to these programs and recommended for credentials shall have met relevant portions of Article 9 (commencing with section 41100) of Subchapter 3, Requirements for Admission to Teacher Basic Credential Programs and Student Teaching and Recommendation for Teaching Credential. The Chancellor shall consult with the Statewide Academic Senate during the establishment and operation of these programs. Note: Authority cited: Section 89030, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40101. Authorization to Recommend for Teaching Credentials. A campus may establish and maintain courses leading toward fulfillment of requirements for one or more public school service credentials, and when a campus is approved by the Commission for Teacher Preparation and Licensing, the campus is authorized to recommend qualified applicants to the Commission for Teacher Preparation and Licensing for the credential. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 44227, Education Code. s 40102. Procedure for Establishing Curricula. A curriculum may be established at a campus only in accordance with procedures adopted by the Board of Trustees. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40103. Definition of Units. The standard unit of measurement used in reference to curriculum and degree requirements is the semester unit. This may be converted into quarter units by multiplying by a factor of 1.5. Whenever the term "unit" or "semester unit" is used in this Subchapter and is not preceded by the term "quarter," it shall be deemed to refer to semester units in the amount specified, and to the equivalent number of quarter units, determined as provided in this Section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40104. Definition of Grade Points. For purposes of computing grade point averages, a scale shall be used as follows: A = 4; B = 3; C = 2; D = 1; and F = 0 grade points. A campus may use "plus" and "minus" designations in combination with letter grades and may compute grade point averages taking plus and minus values into account. In said computations a plus shall be computed by adding .3 to the value assigned to the letter grade with which it is combined and a minus shall be computed by subtracting .3 from the value assigned to the letter grade with which it is combined except that no grade point value shall be less than 0 or greater than 4.0. In the case of grading experiments approved by the chancellor, finer decimal values may be assigned. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40104.1. Grading Designations. For undergraduate courses, individual campuses, with the approval of the Chancellor, may utilize for designated courses or groups of courses any combination of (a) the grades A, B, C, D, F; (b) the grades A, B, C, and NC (No Credit) for the grades D and F; (c) the grade CR (Credit) for the grades A, B, and C and the grade NC (No Credit) for the grades D and F. For all graduate level courses, individual campuses with the approval of the Chancellor, may utilize for designated courses or groups of courses any combination of (a) the grades A, B, C, D, F; (b) the grades A, B, and the grade NC (No Credit) for the grades C, D, and F; (c) the grade CR (Credit) for the grades A and B and the grade NC (No Credit) for the grades C, D, and F. A campus may utilize plus and minus designations in combination with letter grades in any of the grading systems listed above. The Chancellor may approve experimental combinations of grades and grading designations not listed above so long as grade point averages can be computed in accordance with the values assigned in Section 40104. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40105. Definition of "Appropriate Campus Authority." Whenever the term "appropriate campus authority" is used in this Subchapter, it shall be deemed to mean the President of the campus acting upon the recommendation of the faculty of the campus. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40200. Authorization. Each campus is authorized to offer Special Sessions courses and services. The Chancellor is authorized to establish and from time to time revise procedures for implementing this section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600, 89030, 89704, 89708 and 89709, Education Code. s 40201. Credit Allowance. In a Special Session a maximum of one semester unit may be allowed for each fifteen hours of instruction. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600, 89030, 89704, 89708 and 89709, Education Code. s 40202. Special Session Enrollment in State Supported Regular Curriculum Offerings. Each campus may designate each semester or quarter those state supported regular course offerings which may be attended for special session credit; provided, that enrollment in any such course for special session credit shall be permitted only after students otherwise eligible to enroll in the course as a state supported regular course offering have had an opportunity to do so. Note: Authority cited: Sections 89030, Education Code. Reference: Sections 89030, 89704, 89708 and 89709, Education Code. s 40300. Establishment and Maintenance. Each campus may establish and maintain extension courses and services when authorized to do so by the Board of Trustees. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40301. Extension Enrollment in Regular Curriculum Offerings. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40400. Procedure for Granting Diplomas, Certificates and Degrees. The Board of Trustees, upon recommendation of the faculty of the campus, shall issue the appropriate diploma, certificate or degree to a student who has completed the prescribed course of study. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40401. Election of Regulations. An undergraduate student remaining in attendance in regular sessions at any California State University campus, at any California community college, or any combination of California community colleges and campuses of The California State University may for purposes of meeting graduation requirements elect to meet the requirements in effect at the campus from which the student will graduate either (1) at the time the student began such attendance or (2) at the time of entrance to the campus, or (3) at the time of graduation. Campus authorities may authorize or require substitutions for discontinued courses. A campus may require a student changing his or her major or any minor field of study to complete the major or minor requirements in effect at the time of the change. For purposes of this section "attendance" means attendance in at least one semester or two quarters each calendar year. Absence due to an approved educational leave or for attendance at another accredited institution of higher learning shall not be considered an interruption in attendance, if the absence does not exceed two years. A campus may prescribe that particular requirements be met within as few as seven years of the date of award of the degree. Note: Authority cited: Sections 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40402. Required Scholarship. Each undergraduate student shall complete with a grade point average of 2.0 (grade C) or better: (a) All units applicable toward a degree, including those accepted by transfer from another institution; (b) All units in the major; and (c) All units attempted at the campus granting the degree, except that only those courses in which a letter grade (A, B, C, D, F) is assigned shall be used in computing grade point average. In computing the grade point average, units attempted or grade points earned for previous attempts of courses which have been repeated with the approval of the appropriate campus authority, shall be excluded. When, in the opinion of the appropriate campus authority, work completed during a previous enrollment at the campus or at another institution of higher education is substandard and not reflective of the student's present scholastic ability and level of performance, all work completed during one or two semesters (or up to three quarters), as the appropriate campus authority shall decide, may be disregarded in the computation of grade point averages and other requirements for graduation. The Chancellor shall establish provisions for the administration of this section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40402.1. Entry-Level Learning Skills. Each student admitted to The California State University is expected to possess basic competence in the English language and mathematical computation to a degree reasonably expected of entering college students. Students admitted who cannot demonstrate such basic competence should be identified as quickly as possible and be required to take steps to overcome the deficiencies. Any coursework completed primarily for this purpose shall not be applicable to the baccalaureate degree. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40403. Required Residence. (a) Except as otherwise provided in this Section, 30 units shall be earned in residence at the campus granting the degree. Twenty-four of these units shall be earned in upper division courses and 12 of the units shall be in the major. (b) Extension credit or credit by evaluation shall not be used to fulfill any requirement prescribed by this section; provided, however, that the Chancellor may designate specified extension courses that may be offered for residence credit and may establish policies and procedures under which residence credit may be earned by evaluation. (c) When the circumstances of an individual case make it appropriate, the appropriate campus authority may authorize the substitution of credit earned at other campuses or institutions for residence credit. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40404. Requirements in United States History, Constitution and American Ideals. The purpose of the following requirements is to ensure that students acquire knowledge and skills that will help them to comprehend the workings of American democracy and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens. To this end each campus shall provide for comprehensive study of American history and American government including the historical development of American institutions and ideals, the Constitution of the United States and the operation of representative democratic government under that Constitution, and the processes of state and local government. To qualify for graduation each student shall demonstrate competence by completing courses in the foregoing fields or by passing comprehensive examinations in those fields. Students transferring from other accredited institutions of collegiate grade, who have been certified by such institutions as meeting these requirements, shall not be required to take further courses or examinations therein. The Chancellor may institute such guidelines as may be appropriate for the administration of this section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40405. General Education -Breadth Objectives. General education-breadth requirements in The California State University are so designed that, taken with the major depth program and elective credits presented by each candidate for the bachelor's degree, they will assure that graduates from the several campuses in the system have made noteworthy progress toward becoming truly educated persons. Particularly, the purpose of the breadth requirements is to provide means whereby graduates: (a) will have achieved the ability to think clearly and logically, to find and critically examine information, to communicate orally and in writing, and to perform quantitative functions; (b) will have acquired appreciable knowledge about their own bodies and minds, about how human society has developed and how it now functions, about the physical world in which they live, about the other forms of life with which they share that world, and about the cultural endeavors and legacies of their civilizations; (c) will have come to an understanding and appreciation of the principles, methodologies, value systems, and thought processes employed in human inquiries. It is the intent of this section that the general education-breadth requirements be planned and organized in such a manner that students will acquire the abilities, knowledge, understanding, and appreciation suggested as interrelated elements and not as isolated fragments. There are three acceptable programs: The California State University General Education-Breadth Requirements (Section 40405.1), the Intersegmental General Education Transfer Curriculum (Section 40405.2), and General Education Reciprocity with the University of California (Section 40405.3). Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40405.1. California State University General Education -Breadth Requirements. (a) Each recipient of the bachelor's degree completing the California State University General Education-Breadth Requirements pursuant to this subdivision (a) shall have completed a program which includes a minimum of 48 semester units or 72 quarter units of which 9 semester units or 12 quarter units shall be upper division level and shall be taken no sooner than the term in which the candidate achieves upper division status. At least 9 of the 48 semester units or 12 of the 72 quarter units shall be earned at the campus granting the degree. The 48 semester units or 72 quarter units shall be distributed as follows: (1) A minimum of 9 semester units or 12 quarter units in communication in the English language, to include both oral communication and written communication, and in critical thinking, to include consideration of common fallacies in reasoning. (2) A minimum of 12 semester units or 18 quarter units to include inquiry into the physical universe and its life forms, with some immediate participation in laboratory activity, and into mathematical concepts and quantitative reasoning and their applications. (3) A minimum of 12 semester units or 18 quarter units among the arts, literature, philosophy and foreign languages. (4) A minimum of 12 semester units or 18 quarter units dealing with human social, political, and economic institutions and behavior and their historical background. (5) A minimum of 3 semester units or 4 quarter units in study designed to equip human beings for lifelong understanding and development of themselves as integrated physiological, social, and psychological entities. The specification of numbers of units implies the right of discretion on each campus to adjust reasonably the proportions among the categories in order that the conjunction of campus courses, credit unit configurations and these requirements will not unduly exceed any of the prescribed semester or quarter unit minima. However, the total number of units in General Education-Breadth accepted for the bachelor's degree under the provisions of this subdivision (a) should not be less than 48 semester units or 72 quarter units. (b) The president or an officially authorized representative of a college which is accredited in a manner stated in Section 40601 (d) (1) may certify the extent to which the requirements of subdivision (a) of this section have been met up to a maximum of 39 semester units (or 58 quarter units). Such certification shall be in terms of explicit objectives and procedures issued by the Chancellor. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40405.2. Intersegmental General Education Transfer Curriculum. (a) Students transferring from California Community Colleges under the provisions of this subdivision may satisfy General Education-Breadth requirements for the California State University bachelor's degree through satisfactory completion of the Intersegmental General Education Transfer Curriculum and a minimum of 9 semester units or 12 quarter units of upper division general education coursework. All upper division general education requirements shall be completed no sooner than the term in which the candidate achieves upper division status at the California State University campus granting the degree. All lower division requirements can be fulfilled by completing the Intersegmental General Education Transfer Curriculum which shall include lower division courses distributed as follows: (1) A minimum of 9 semester units or 12 quarter units in English communication, to include one course in English composition of no fewer than 3 semester units or 4 quarter units, one course in oral communication of no fewer than 3 semester units or 4 quarter units, and one course in critical thinking-English composition of no fewer than 3 semester units or 4 quarter units. (2) A minimum of 3 semester units or 4 quarter units in mathematical concepts and quantitative reasoning. (3) At least three courses totaling a minimum of 9 semester units or 12 quarter units in arts and humanities, to include at least one course in the arts and at least one course in the humanities. (4) At least three courses totaling a minimum of 9 semester units or 12 quarter units in the social and behavioral sciences, including courses in a minimum of two disciplines or in an interdisciplinary sequence. (5) At least two courses totaling a minimum of 7 semester units or 9 quarter units in the physical and biological sciences, to include at least one course in physical science and one course in biological science, at least one of which incorporates a laboratory. (b) The president or an officially authorized representative of a California Community College may certify that the requirements of subdivision (a) of this section have been met through the satisfactory completion of courses approved by the California State University and the University of California for inclusion in the Intersegmental General Education Transfer Curriculum. California State University campuses shall accept certification of the fully completed Intersegmental General Education Transfer Curriculum as meeting all of the lower division general education requirements for the baccalaureate degree. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40405.3. Lower Division General Education Reciprocity Between the California State University and the University of California. (a) The Chancellor may enter into a formal agreement of reciprocity for lower division general education requirements between the California State University and the University of California. Pursuant to such an agreement, students transferring to the California State University from campuses of the University of California may satisfy California State University general education-breadth requirements for the bachelor's degree through satisfactory completion of all lower division general education requirements of a University of California campus and of a minimum of 9 semester units or 12 quarter units of upper division general education coursework at the California State University campus granting the degree. Upper division general education requirements shall be taken no sooner than the term in which the candidate achieves upper division status. (b) If the chancellor or an officially authorized representative of a University of California campus certifies that a student has completed that campus's lower division general education program, California State University campuses shall accept that certification as meeting all of the lower division general requirements for the baccalaureate degree. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40405.4. Procedures for Implementing Programs to Meet General Education Requirements. (a) The Chancellor shall establish procedures to implement the objectives and requirements of Section 40405.1-40405.3, including provision for exceptions in individual cases of demonstrable hardship, and including periodic review of the extent to which the objectives and requirement are being met. (b) The Chancellor may grant exceptions to the requirements of subdivision (a) of Section 40405.1 for high unit professional degree major programs on a program-by-program basis. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40406. Foreign Language. Foreign language may be required by any campus as a part of the preparation for appropriate major programs. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40407. Extension Credit. A maximum of 24 semester units in extension course credit may be applied toward the degree. The Chancellor is authorized to establish and revise criteria for application of extension credits toward the degree in accordance with applicable law. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections66600 and 89030, Education Code. s 40407.1. Special Session Credit. A maximum of 24 semester units in special session course credit earned through state supported or self supported regular course offerings in non-matriculated status may be applied toward the degree. The Chancellor is authorized to establish and revise criteria for application of special session credits earned through enrollment in state supported or self supported regular course offerings toward the degree in accordance with applicable law. Note: Authority cited: Sections 89030, Education Code. Reference: Sections 89704, 89708 and 89709, Education Code. s 40408. Credit Based on Examination. Unit credit toward the degree may be secured by passing an examination given or approved by the appropriate campus authority in courses offered by the campus and for which credit has not otherwise been allowed. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40409. Community College Credit. A maximum of 70 semester units earned in a community college may be applied toward the degree, with the following limitations: (a) No upper division credit may be allowed for courses taken in a community college. (b) No more than six semester units in education courses taken in a community college may be applied toward the baccalaureate degree or the professional preparation requirements of a teacher education basic credential program. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40410. Other Requirements. Each student shall, as a condition to graduation, satisfactorily complete all general requirements consistent with the provisions of this Code as prescribed by the campus, and, in addition, the general education, major, upper division, and graduate credit requirements specified herein for the degree and curriculum pattern elected by the student. In order to qualify for the campus recommendation for a credential authorizing public school service, the student must, in addition to the meeting of other requirements for graduation, also meet the requirements for the credential sought. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40500. Bachelor of Arts Degree: Required Curriculum. To be eligible for the Bachelor of Arts degree, the candidate shall have completed the following requirements: (a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4. (b) Major 24 semester units. There shall be one major with a minimum of 24 semester units. At least 12 semester units in the major shall be upper division courses or their equivalent. The maximum number of units shall be determined by the campus. (c) Minor. A minor consisting of 12 or more semester units, of which six must be in upper division credit, may be required. (d) Additional Units. Units to complete the total required for the degree may be used as electives or to meet other requirements. (e) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Arts Degree, of which at least 40 shall be in the upper division credit, shall be 124 semester units. For candidates for the Bachelor of Arts degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required, including at least 40 semester units in upper-division courses or their equivalent. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40501. Bachelor of Science Degree: Required Curriculum. To be eligible for the Bachelor of Science degree, the candidate shall have completed the following requirements: (a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4. (b) Major 36 semester units. There shall be one major with a minimum of 36 semester units. At least 18 semester units in this major shall be upper division courses or their equivalent. The maximum number of units shall be determined by the campus. (c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Science degree shall be 124 to 132 semester units, as determined by each campus, except that 140 semester units may be required in engineering. For candidates for the Bachelor of Science degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required. The number of semester units for each curriculum shall be determined by each campus. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40502. Bachelor of Education Degree. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40503. Bachelor of Vocational Education Degree. (a) Eligibility for Candidacy. Eligible candidates for this degree shall be limited to those vocational teachers recommended by the Board of Examiners for Vocational Teachers and who meet the requirements established in the Education Code. (b) Educational Program. The educational program for each applicant shall be determined by the campus in terms of the needs of the individual applicant and the standards of the institution. A rigid pattern of subjects, and prerequisites except as they may be necessary to advanced courses, will not be required. (c) Requirements. An applicant for the degree who elects, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year shall have completed, with a grade point average of 2.0 (grade C) or better, except that only those courses in which a letter grade (A, B, C, D, F) is assigned shall be used in computing the grade point average, a course of 124 semester units, including the credits recommended by the Board of Examiners, and shall have met the General Education-Breadth Requirements prescribed in Sections 40405-40405.4. Each applicant meeting graduation requirements established during or after the 2000-01 academic year shall have completed at least 120 semester units, including the credits recommended by the Board of Examiners, and shall have met the General Education-Breadth Requirements prescribed in Sections 40405-40405.4. The applicant shall have achieved a grade point average of 2.0 or better in those courses in which a letter grade (A, B, C, D, F) was assigned. (d) Major in Vocational Education. The credits recommended by the Board of Examiners for Vocational Teachers for the applicant's occupational, managerial and supervisory experience shall be applied toward a major in vocational education. (e) Credit for Vocational Teacher Training. The vocational teacher training completed by the applicant may be used toward a minor in education or toward electives if some other minor is used. Note: Authority cited: Section 89030, Education Code. Reference: Sections 89030 and 89221-89223, Education Code.Authority cited: Section 89030, Education Code. Reference: Sections 89030 and 89221-89223, Education Code. s 40504. The Master's Degree. s 40505. Bachelor of Architecture Degree: Required Curriculum. To be eligible for the Bachelor of Architecture degree, the candidate shall have completed the following requirements: (a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4. (b) Major 45 semester units. The major shall consist of a minimum of 45 semester units. At least 27 semester units in the major shall be in upper division courses or their equivalent. The maximum number of units shall be determined by each campus. (c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Architecture degree shall be 165 to 175 semester units. For candidates for the Bachelor of Architecture degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required. The total number of units required for the Bachelor of Architecture degree shall be distributed over a ten-semester period or equivalent. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40506. Bachelor of Music Degree and Bachelor of Fine Arts Degree: Required Curriculum. To be eligible for either the Bachelor of Music degree or the Bachelor of Fine Arts degree, the candidate shall have completed the following requirements: (a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4. (b) Major -70 semester units. The major shall consist of a maximum of 70 semester units with at least one-fourth of these units devoted to theory and content as distinguished from studio, production, and performance. (c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Music degree and the Bachelor of Fine Arts degree shall be 132 semester units. For candidates for the Bachelor of Music degree and the Bachelor of Fine Arts degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40507. Bachelor of Landscape Architecture: Required Curriculum. To be eligible for the Bachelor of Landscape Architecture degree, the candidate shall have completed the following requirements: (a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4. (b) Major.................................. 45 semester units. The major shall consist of a minimum of 45 semester units, exclusive of those courses used to meet the General Education-Breadth Requirements. At least 27 units in the major shall be in upper division courses or their equivalent. The maximum number of units shall be determined by each campus. (c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Landscape Architecture degree shall be 155 to 165 semester units. For candidates for the Bachelor of Landscape Architecture degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required. The total number of units required for the Bachelor of Landscape Architecture degree shall be distributed over a ten-semester period or equivalent. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40508. The Bachelor's Degree: Total Units. Each campus shall establish and maintain a monitoring system to ensure that justification is provided for all program requirements that extend the baccalaureate unit requirement beyond 120 units. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40510. The Master's Degree. To be eligible for the Master's degree, the candidate shall have completed the following minimum requirements: (a) Advancement to Candidacy. For advancement to candidacy for the Master's degree, the applicant shall meet the requirements of Section 41011, and such particular requirements as the Chancellor and the campus may prescribe. (b) Requirements for the Degree. (1) The completion of a specified pattern of study approved by the appropriate campus authority. (2) A minimum of thirty semester units of approved graduate work completed within a maximum time to be established by each campus. Such maximum time shall be no more than seven years nor less than five years for each particular program. An extension of time beyond the limit may be granted by appropriate campus authority if warranted by individual circumstances and if the outdated work is validated by examination, in the relevant additional course or subject field of work or such other demonstration of competence as may be prescribed. In the degree program: (A) Not less than 21 semester units (32 quarter units) shall be completed in residence. The appropriate campus authority may authorize the substitution of credit earned by alternate means for a part of this residence requirement. (B) Not less than one-half of the units required for the degree shall be in courses organized primarily for graduate students. (C) Not more than six semester units shall be allowed for a thesis or project. (3) Satisfactory completion of a thesis, project, or comprehensive examination, defined as follows: (A) A thesis is the written product of a systematic study of a significant problem. It identifies the problem, states the major assumptions, explains the significance of the undertaking, sets forth the sources for and methods of gathering information, analyzes the data, and offers a conclusion or recommendation. The finished product evidences originality, critical and independent thinking, appropriate organization and format, and thorough documentation. Normally, an oral defense of the thesis is required. (B) A project is a significant undertaking appropriate to the fine and applied arts or to professional fields. It evidences originality and independent thinking, appropriate form and organization, and a rationale. It is described and summarized in a written abstract that includes the project's significance, objectives, methodology and a conclusion or recommendation. An oral defense of the project may be required. (C) A comprehensive examination is an assessment of the student's ability to integrate the knowledge of the area, show critical and independent thinking, and demonstrate mastery of the subject matter. The results of the examination evidences independent thinking, appropriate organization, critical analysis and accuracy of documentation. A record of the examination questions and responses shall be maintained in accordance with the records retention policy of The California State University. (4) A grade point average of 3.0 (grade of B) or better in all courses taken to satisfy the requirements for the degree, except that a course in which no letter grade is assigned shall not be used in computing the grade point average. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code. s 40511. The Doctor of Education Degree. (a) A California State University program leading to a Doctor of Education degree shall be distinguished from a University of California doctoral degree program by its conformity with the following criteria: (1) the program shall prepare administrative leaders for possible service in one of the following settings: (A) public elementary and secondary schools, or (B) community colleges; (2) the program shall focus on the knowledge and skills needed by administrators to be effective leaders in California public schools and community colleges; (3) the program shall be offered through partnerships in which California public elementary and secondary schools and community colleges, as appropriate, shall participate substantively in program design, candidate recruitment and admissions, teaching, dissertation development, and program assessment and evaluation; and (4) the program shall enable professionals to earn the degree while working full time. (b) Each campus offering a program leading to a Doctor of Education degree shall establish requirements for admission to the program. The requirements for admission shall include, at a minimum, the requirements stated in Section 41020. (c) The program leading to the Doctor of Education degree shall conform to the following specifications: (1) The curriculum shall be organized as a cohort-based program and shall include learning experiences that balance research, theory, and practice, including field experiences. The core curriculum shall provide professional preparation for leadership, including but not limited to theory and research methods, the structure and culture of education, and leadership in curriculum and instruction, equity, and assessment. (2) The pattern of study shall be composed of at least 60 semester units earned in graduate standing. At least 48 semester units required for the degree shall be in courses organized primarily for doctoral students, and the remaining units required for the degree shall be in courses organized primarily for doctoral students or courses organized primarily for master's and doctoral students. (3) At least 42 semester units shall be completed in residence at the campus or campuses awarding the degree. The appropriate campus authority may authorize the substitution of credit earned by alternate means for part of this residence requirement. The campus may establish a transfer policy allowing application to degree requirements of relevant coursework and credits completed as a matriculated student in another graduate program, on the condition that the other program is appropriately accredited. (4) A qualifying examination shall be required. (5) The pattern of study shall include completion of a dissertation. (A) The dissertation shall be the written product of systematic, rigorous research on a significant professional issue. The dissertation is expected to contribute to an improvement in professional practices or policy. It shall evidence originality, critical and independent thinking, appropriate form and organization, and a rationale. (B) The dissertation shall identify the research problem and question(s), state the major theoretical perspectives, explain the significance of the undertaking, relate it to the relevant scholarly and professional literature, set forth the appropriate sources for and methods of gathering and analyzing the data, and offer a conclusion or recommendation. It shall include a written abstract that summarizes the significance of the work, objectives, methodology, and a conclusion or recommendation. (C) No more than 12 semester units shall be allowed for a dissertation. (D) An oral defense of the dissertation shall be required. (d) Each campus shall create and distribute to all students enrolled in a Doctor of Education degree program a student manual or handbook detailing, at a minimum, the following: (1) requirements for admission with classified standing; (2) policies on the transfer of credit earned at other institutions; (3) policies on professional ethics and academic integrity; (4) policies on student fees; (5) provisions for advising and mentoring; (6) policies and procedures for petitioning for a variance in academic requirements; (7) policies and procedures for obtaining a leave of absence or for withdrawing from the university; (8) policies and procedures regarding student grievances; (9) policies on harassment and discrimination; (10) policies and procedures for establishing and amending a plan of study; (11) requirements for satisfactory progress in the program; (12) policies on academic probation; (13) requirements for field experience embedded in the program; (14) requirements for advancement to candidacy; (15) policies and procedures for the formation of a committee for administering a qualifying examination (if the qualifying examination is unique to the individual student); (16) dissertation requirements; (17) policies and procedures for the formation of a committee for supervising a dissertation; (18) forms to be completed by students in the course of the degree program; (19) the names and areas of expertise of faculty members affiliated with the degree program. Note: Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code. s 40512. The Doctor of Education Degree: Requirements. (a) Advancement to Candidacy. For advancement to candidacy for the Doctor of Education degree, the student shall have achieved classified graduate standing and met such particular requirements as the Chancellor and the appropriate campus authority may prescribe. The requirements shall include a qualifying examination. (b) To be eligible for the Doctor of Education degree, the candidate shall have completed a pattern of study, including a dissertation, that is consistent with the specifications in subdivision (c) of Section 40511 and that is approved by the appropriate campus authority. A grade point average of 3.0 (grade of B) or better shall have been earned in coursework taken to satisfy the requirements for the degree, except that a course in which no letter grade is assigned shall not be used in computing the grade point average. (c) The student shall have completed all requirements for the degree within five years of achieving classified standing in the doctoral program. The appropriate campus authority may extend the time for completion of the requirements if: (1) the extension is warranted by individual circumstances, and (2) the student demonstrates current knowledge of research and practice in educational leadership, as required by the campus. Note: Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code. s 40520. Definition. The term "integrated teacher preparation program" means a curriculum (a) that incorporates general education, a major, subject-matter preparation for teaching in elementary and/or secondary schools, professional preparation for teaching in elementary and/or secondary schools, and any other graduation requirements, and (b) in which students make progress concurrently toward a baccalaureate degree and a recommendation for a preliminary basic teaching credential, given satisfactory completion of the requirements for each. The components of an integrated teacher preparation program (i.e., general education, a major, subject-matter preparation for teaching in elementary and/or secondary schools, professional preparation for teaching in elementary and/or secondary schools, and any other graduation requirements) need not be mutually exclusive. An individual course within an integrated teacher preparation program may contribute to completion of more than one of these components. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40521. Total Unit Requirements. For completion of an integrated teacher preparation program, at least 120 semester units but no more than 135 semester units shall be required. The Chancellor may grant exceptions to the upper limit of 135 units on requirements for completion of an integrated teacher preparation program if the campus that will offer the program requests the exception and provides an adequate justification. Procedures for requesting, reviewing, and granting these exceptions shall be developed by the Chancellor, in consultation with the Academic Senate of the California State University. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40522. Guidelines for Establishment of Campus Requirements. The Chancellor, in consultation with the Academic Senate of the California State University, shall establish guidelines for the identification and integration of lower-division and upper-division general education, subject-matter preparation, and professional preparation in integrated teacher preparation programs. The guidelines may include recommendations for unit requirements for each of these components. The consultation shall include California State University faculty members and administrators from campus academic units providing programs of professional preparation approved by the California Commission on Teaching Credentialing and from campus academic units providing programs of subject matter preparation approved by the California Commission on Teaching Credentialing. The consultation shall also include the California Community Colleges. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40523. Articulation with California Community Colleges. For students admitted to integrated teacher preparation programs, units earned in community college courses that are articulated with courses fulfilling integrated teacher preparation program requirements shall not be subject to the limitation imposed by subsection (b) of section 40409. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40530. Definitions. (a) The term "systemwide lower-division transfer pattern by major" means a set of lower-division curricular specifications comprising at least 45 semester units but no more than 60 semester units that will be accepted at every CSU campus offering a program leading to that degree and major. Each unit that a student completes in the systemwide lower-division transfer pattern by major reduces by one unit the total number of units that the student must complete to earn that degree with that major. A systemwide lower-division transfer pattern by major will ordinarily include courses that fulfill General Education-Breadth or Intersegmental General Education Transfer Curriculum requirements; United States History, Constitution, and American Ideals requirements; and major-specific, lower-division requirements. A course in a systemwide lower-division transfer pattern by major may contribute to completion of more than one requirement. (b) The term "campus-specific lower-division transfer pattern by major" means a set of lower-division curricular specifications beyond the systemwide lower-division transfer pattern by major, comprising units that will be accepted at a particular CSU campus offering a program leading to that degree and major. Each unit that a student completes in the campus-specific lower-division transfer pattern by major reduces by one unit the total number of units that the student must complete to earn that degree with that major. (c) For purposes of this article, majors are distinguished by the CSU program code assigned to them and the degrees to which they lead. (d) For purposes of this article, a major will be considered high-priority if it meets criteria established by the Chancellor. In establishing criteria, the Chancellor shall consider (1) the number of CSU campuses at which the major is offered and (2) the proportion of the undergraduate student body enrolled in the major at the CSU campuses offering that major. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40531. Development of Systemwide Lower-Division Transfer Patterns by Major. (a) A systemwide lower-division transfer pattern by major shall be established for each high-priority major. The Chancellor, in consultation with the Academic Senate of the California State University, shall develop procedures for establishing systemwide lower-division transfer patterns by major. The procedures shall include extensive participation of faculty members in the major. The procedures shall encourage the development of systemwide lower-division transfer patterns by major that are consistent with, but not necessarily identical to, the recommended lower-division course-taking patterns of CSU first-time freshmen. (b) If a degree and major frequently incorporate options or concentrations that would individually meet the criteria established for high-priority majors, the procedures shall allow for the development of a distinct systemwide lower-division transfer pattern by major for each of those common options or concentrations. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40532. Development of Campus-Specific Lower-Division Transfer Patterns by Major. Each CSU campus shall develop a campus-specific lower-division transfer pattern by major for each high-priority major it offers. The number of semester units in the systemwide lower-division transfer pattern by major plus the number of semester units in the campus-specific lower-division transfer pattern by major shall be no fewer than 60 and no more than 70. The procedures shall encourage the development of campus-specific lower-division transfer patterns by major that, in combination with the corresponding systemwide lower-division transfer patterns by major, are consistent with, but not necessarily identical to, the recommended lower-division course-taking patterns of CSU first-time freshmen. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40600. Tenses, Gender and Number. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40601. Particular Terms. The following terms, whenever used or referred to in this subchapter, shall have the following meanings, respectively, unless a different meaning appears from the context: (a) The term "Chancellor" means the Chancellor of the California State University or designee. (b) The term "the campus" means the campus to which application for admission is made. (c) The term "appropriate campus authority" means the president of the campus or designee. (d) The term "college" means: (1) Any institution of higher learning which is accredited to offer work leading to the degree of Bachelor of Arts or to the degree of Bachelor of Science, by the applicable regional accrediting agency recognized by the United States Department of Education, except an institution which is accredited only as a "specialized institution"; (2) Any foreign institution of higher learning which, in the judgment of the Chancellor, offers course work equivalent to that offered by institutions included within subdivision (d)(1) of this section. (e) The term "application" means the submission to the campus by the person applying for admission of all documents including official transcripts of all the applicants academic records and information which the applicant is required to personally submit, and the payment of any application fee due pursuant to Section 41800.1. (f) The term "eligibility index" means: (1) For admissions prior to fall term 2004, that number derived from a weighted combination of the grade point average for the final three years of high school or of the grade point average for the final three years of high school excluding the final year or final term thereof, and in any case excluding courses in physical education and military science, and the score on either the American College Test or the Scholastic Aptitude Test pursuant to Section 40752 or Section 40802; such weighing of grade point averages and test scores shall be determined and adjusted by the chancellor on the basis of the probability of academic success in the California State University. (2) For admissions commencing with fall term 2004, that number derived from a weighted combination of the grade point average for courses taken in the comprehensive pattern of college preparatory subjects during the final three years of high school and the score on either the American College Test or the Scholastic Aptitude Test pursuant to Section 40752 or Section 40802; such weighing of grade point averages and test scores shall be determined and adjusted by the chancellor on the basis of the probability of academic success in the California State University. (g) The term "good standing at the last college attended" means that at the time of application for admission and at the time of admission, the applicant was not under disciplinary or academic suspension, dismissal, expulsion or similar action by the last college attended and was not under disciplinary suspension, dismissal, expulsion or similar action at any institution of The California State University. (h) The term "first-time freshman" means an applicant who has earned college credit not later than the end of the summer immediately following high school graduation or an applicant who has not earned any college credit. (i) The term "undergraduate transfer" means any person who is not a first-time freshman pursuant to Section 40601(h), and who does not hold a baccalaureate degree from any college. (j) The term "full-time student" means any student whose program while in attendance at a college averaged twelve or more semester units per semester, or the equivalent. (k) The term "resident" shall have the same meaning as does the same term in Section 68017 of the Education Code, and shall include all persons so treated by the provisions of that section. ( l) The term "unit" means a semester unit within the meaning of Section 40103, or the equivalent thereof. (m) The term "transferable" when used in connection with college units, college credit or college work, shall mean those college units, credit or work which are determined to be acceptable (either for specific requirements or as electives) toward meeting the requirements of a baccalaureate degree. The Chancellor is authorized to establish and from time to time to revise procedures for the implementation of this subdivision. (n) For admissions prior to fall term 2003, the term "comprehensive pattern of college preparatory subjects" means four years of English, three years of mathematics, one year of United States history or United States history and government, one year of laboratory science, two years of foreign language, one year of visual and performing arts, and three years of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study. (o) Commencing with admissions for the fall term 2003, the term "comprehensive pattern of college preparatory subjects" means, in each area of study, at least four years of English, three years of mathematics, two years of history or social science, two years of laboratory science, two years of foreign language, one year of visual and performing arts, and one year of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40650. Establishment of Enrollment Quotas. (a) Capacity. Admission to a campus shall be limited on the bases of authorized academic plans and programs, and the number of students for whom facilities and competent staff are available to provide opportunity for an adequate college education. Under the policy direction of the Board of Trustees, the Chancellor is authorized to provide for the establishment of enrollment quotas for the California State University and any campus, for any of the following enrollment categories: academic area, class level, program, and student residence status. In establishing such quotas, primary emphasis shall be placed upon the allocation of resources at the upper division level in order to facilitate the accommodation of California public Community College transfers. (b) Diversion. Enrollment may also be limited for purposes of diversion of students pursuant to specific determinations of the Board of Trustees. Under the policy direction of the Board of Trustees, the Chancellor shall take all measures necessary to accomplish such diversion of students. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40651. Administrative Procedures. (a) Upon establishment of enrollment quotas for any campus pursuant to Section 40650 of this Article, admission of students otherwise qualified shall be within such quotas with the objective of providing maximum opportunity and appropriate diversity among students. (b) In determinations of priority for admission: (1) The policy of the State that students who begin their higher education in California public Community Colleges be able to continue their education without interruption, shall be considered. (2) The following factors may be considered: (A) Previous enrollment at the campus; (B) The applicant's degree or credential objective; (C) Whether the applicant has completed military or other national service; (D) Geographical proximity to the campus where the distance involved in attending another institution would create a hardship; (E) Access to suitable educational alternatives; (F) The date the application is filed (an application shall be considered filed as of the date it is postmarked, filed electronically, or personally delivered to the office on campus designated for such purpose); (G) The needs of the campus in maintaining a balanced program with respect to foreign students, out-of-state students, recipients of scholarships and awards, and with respect to students who would make a significant contribution to the campus because of their background or special abilities. (3) Applicants who complete successfully a systemwide lower-division transfer pattern by major and the campus-specific lower-division transfer pattern for that major, as defined in Section 40530, shall be accorded the highest priority for admission as undergraduate transfers to that campus and major. "Highest priority" as used herein means a guarantee of admission subject to enrollment demand, available space, and satisfactory completion of any impaction criteria for that campus and major. (c) The Board of Trustees may, by resolution, establish particular policies for the implementation of priorities authorized by this Section. The Chancellor shall establish methods of determining priorities to be applied by each campus within the provisions of this Section, including any implementing resolutions adopted by the Board of Trustees. In addition, the Chancellor is authorized to establish criteria for use in admission to impacted programs. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66202, 66600 and 89030, Education Code.Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66202, 66600 and 89030, Education Code. s 40700. Matriculation. Any student enrolling in any term, other than extension or as an auditor without credit, shall meet the standards for admission outlined in this subchapter. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40701. Summer Early Entrant. Any student admitted to a fall term may be enrolled in the immediately preceding summer term as a summer early entrant. Summer early entrant students will be regarded as matriculated when they enroll in the fall term for which they have been formally admitted. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40750. Scope of Article. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40751. Alternative Bases for Admission. An applicant may be admitted to a campus as a first-time freshman only upon satisfaction of the requirements of Section 40752 and of any of the following sections of this Article: 40753, 40754, 40755, 40756, 40757, 40758, 40759. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40752. Entrance Examination Required. An applicant for admission to a campus as a first-time freshman, except applicants who are admissible as first-time freshmen, pursuant to Section 40755, or high school students pursuant to Section 40758, shall be required to submit, or to have submitted on his or her behalf a score on the American College Test or the Scholastic Aptitude Test. However, the appropriate campus authority may exempt an applicant from the requirement when the test score is not a factor in determining admission eligibility. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40752.1. English Language Examination. To be admitted to a campus as a first time freshman, an applicant who has not attended for at least three years an educational institution at the secondary level or beyond where English is the principal language of instruction must receive a minimum score of 500 on the Test of English as a Foreign Language (TOEFL). Appropriate campus authority may prescribe a higher minimum score, based on such campus factors as the nature of the instruction offered, availability of instruction in English as a second language, student enrollment demand, and availability of funds. Achieving the minimum score shall be evidence of the applicant's English competency at a level which will allow the applicant to participate satisfactorily in and benefit from university study. Exceptions may be granted by the appropriate campus authority when there is convincing evidence that the applicant's competence in English is at a level which will allow satisfactory participation in and benefit from university study. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code. s 40753. Applicants Who Are California Residents or Graduates of a California High School. (a) A graduate of a California high school or a high school graduate who is a resident may be admitted to a campus as a first-time freshman if (1) the graduate's eligibility index is equal to or greater than that minimum eligibility index, as determined by the Chancellor, required to limit eligibility to that one-third of California high school graduates which has the greatest probability of academic success in the California State University, and (2) for admissions prior to fall term 2003, the graduate has completed satisfactorily a comprehensive pattern of college preparatory subjects to include four years of English, three years of mathematics, one year of United States history or United States history and government, one year of laboratory science, two years of foreign language, one year of visual and performing arts, and three years of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study. A graduate who qualifies for admission under subdivision (a)(1) and who has completed at least ten of the courses in the comprehensive pattern of this subdivision may be admitted on condition that the graduate completes the work identified by the Chancellor or designee at the time of the graduate's admission as necessary to remove the coursework deficiency within the first two years of the graduate's baccalaureate studies. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent. (3) commencing with admissions for the fall term 2003, the graduate has completed satisfactorily the comprehensive pattern of college preparatory subjects defined in Section 40601. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent. (b) This section shall not apply to an applicant who is eligible for admission as a first-time freshman pursuant to Section 40755. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40754. Applicants Who Are Neither California Residents nor Graduates of a California High School. (a) A high school graduate who is neither a resident nor a graduate of a California high school may be admitted to a campus as a first-time freshman if (1) the graduate's eligibility index is equal to or greater than that minimum eligibility index, as determined by the Chancellor, which is required to limit eligibility to that on-sixth of California high school graduates which has the greatest probability of academic success in the California State University, and (2) for admissions prior to fall term 2003, the graduate has completed satisfactorily a comprehensive pattern of college preparatory subjects to include four years of English, three years of mathematics, one year of United States history or United States history and government, one year of laboratory science, two years of foreign language, one year of visual and performing arts, and three years of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study. A graduate who qualifies for admission under subdivision (a)(1) and who has completed at least ten of the courses in the comprehensive pattern of this subdivision may be admitted on condition that the graduate completes the work identified by the Chancellor or designee at the time of the graduate's admission as necessary to remove the coursework deficiency within the first two years of the graduate's baccalaureate studies. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent. (3) commencing with admissions for the fall term 2003, the graduate has completed satisfactorily the comprehensive pattern of college preparatory subjects pursuant to Section 40601. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent. (b) This section shall not apply to an applicant who is eligible for admission as a first-time freshman pursuant to Section 40755. Note: Authority cited: Section 89030, Education Code Reference: Section 89030, Education Code. s 40755. Graduates of Secondary Schools, etc., in a Foreign Country. An applicant who is a graduate of a secondary school in a foreign country or who has equivalent preparation in a foreign country, may be admitted to a campus as a first-time freshman if the applicant's preparation and ability are such that in the judgment of the appropriate campus authority, the probability of the applicant's academic success at the campus is equivalent to that of students eligible under Section 40753. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40756. Adult Students. An applicant who has attained the age of 25 years and is a high school graduate may be admitted to a campus as an adult student if the applicant's preparation and ability are such that in the judgment of the appropriate campus authority, the probability of the applicant's academic success at the campus is equivalent to that of students eligible under Section 40753, and the applicant demonstrates competence in entry-level skills as defined in Section 40402.1. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66021, 66600 and 89030, Education Code. s 40756.1. Veterans. An applicant who is not otherwise eligible under the provisions of this Article may be admitted to a campus as a first-time freshman if the applicant is an "eligible veteran" as that term is defined in subdivision (a) (1) of Section 1652, Title 38, United States Code and if the applicant is a California resident. The Chancellor is authorized to establish and from time to time to revise procedures appropriate for the administration of this section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40757. Admission to Curricula of Less Than Four Years in Length. Campuses authorized to maintain curricula of less than four years in length may admit to such curricula students who meet admission requirements authorized in approval of the curricula by the Board of Trustees. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40758. High School Students. A high school student may be admitted to a campus prior to graduation from high school for the purpose of enrolling in a special program, when the student is recommended for admission by the principal of the high school and the student's preparation and ability are such that in the judgment of the appropriate campus authority, the probability of the student's academic success at the campus is equivalent to that of students under Section 40753. Such admission is only for such special program. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40759. Early Admission. Notwithstanding any other provision of this Subchapter; the Chancellor may, for the purpose of recognizing applicants whose high school academic achievement has been outstanding, authorize campuses to issue an early admission commitment to such applicants conditional upon earning the high school diploma or its equivalent. The Chancellor shall establish criteria for determining eligibility for such early admission commitment. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40760. Fee Waivers for California Residents Sixty Years of Age or Older. (a) The Chancellor may approve the establishment of programs to waive or reduce certain registration and user fees for California residents who are 60 years of age or older on the date of residence determination, subject to the following conditions: (1) Enrollment shall be limited to qualified persons who are residents, as defined by Education Code Section 68017, and are 60 years of age or older on the residence determination date; (2) Persons enrolling in the program shall be registered last, after regular students have been registered for classes; (3) No special classes limited to or designed particularly for senior citizens shall be established; (4) Fee waivers authorized pursuant to this section shall not be in place of fee waivers for disadvantaged students. (b) The Chancellor is authorized to approve the phase-in of programs under this section over not less than a three-year period commencing January 1, 1980, except that programs existing on July 1, 1979 may be continued as programs under this section. (c) The Chancellor is authorized to establish such rules and procedures as may be necessary for the administration of this section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40800. Scope of Article. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40801. Alternative Bases for Admission. An applicant may be admitted to a campus as an undergraduate transfer only upon satisfaction of the requirements of Section 40802 and of any of the following sections of this article: 40803, 40803.1, 40804, 40805, 40806, 40807. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40802. Entrance Examinations. The appropriate campus authority shall determine whether or not entrance examinations shall be required of applicants for admission as undergraduate transfers for a particular semester or quarter. With respect to campuses at which such examinations are required, an applicant for admission as an undergraduate transfer shall be required to submit, or to have submitted on the applicant's behalf, his or her score on the American College Test or the Scholastic Aptitude Test, whichever is required by the president of the campus; provided, that any applicant who is redirected to a campus where such examinations are required, may submit, or have submitted on the applicant's behalf, to the campus to which the applicant is redirected, his or her score on the test required by the president of the campus from which the applicant was redirected; and provided further, that any applicant who is redirected to a campus at which such examinations are required from a campus at which they are not required, shall not be required to submit or to have submitted on the applicant's behalf, his or her score on such an examination. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40802.1. English Language Examination. To be admitted to a campus as an undergraduate transfer student, an applicant who has not attended for at least three years an educational institution at the secondary level or beyond where English is the principal language of instruction must receive a minimum score of 500 on the Test of English as a Foreign Language (TOEFL). Appropriate campus authority may prescribe a higher minimum score, based on such campus factors as the nature of the instruction offered, availability of instruction in English as a second language, student enrollment demand, and availability of funds. Achieving the minimum score shall be evidence of the applicant's English competency at a level which will allow the applicant to participate satisfactorily in and benefit from university study.Exceptions may be granted by the appropriate campus authority when there is convincing evidence that the applicant's competence in English is at a level which will allow satisfactory participation in and benefit from university study. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code. s 40803. Applicants Who Are California Residents and Who Have Completed the Prescribed Number of Units of College Credit. (a) An applicant who is a resident of California may be admitted to a campus as an undergraduate transfer, upon satisfaction of the requirements of subdivisions (1), (2), and (4) or (1), (3), and (4), as appropriate: (1) Commencing with admissions to the fall term 2000, the applicant has completed satisfactorily at least 30 semester (45 quarter) units in courses at a level at least equivalent to General Education-Breadth courses, including courses in written communication in the English language, oral communication in the English language, critical thinking, and mathematics and quantitative reasoning; (2) For admission prior to fall term 2005, the applicant has attained a grade point average of 2.0 (grade of C) or better in at least 56 semester (84 quarter) units of transferable college credit; (3) Commencing with admission to the fall term 2005, the applicant has attained a grade point average of 2.0 (grade of C) or better in at least 60 semester (90 quarter) units of transferable college credit; (4) The applicant was in good standing at the last college attended. (b) Commencing with admission to the fall term 2006, an applicant who has attended a California community college and who has committed to a major and campus of the California State University before earning more than 45 semester (68 quarter) units will receive the highest priority for admission to that campus and major if the applicant has completed successfully the systemwide lower-division transfer pattern for that major and the campus-specific lower-division transfer pattern for that major and campus, as defined in Section 40530. "Highest priority" as used herein means a guarantee of admission subject to enrollment demand, available space, and satisfactory completion of any impaction criteria for that campus and major. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40803.1. Applicants Who Are Not California Residents and Who Have Completed the Prescribed Number of Units of College Credit. (a)An applicant who is not a resident of California may be admitted to a campus as an undergraduate transfer upon satisfaction of the requirements of subdivisions (1), (2), and (4) or (1), (3), and (4), as appropriate: (1) Commencing with admission to the fall term 2000, the applicant has completed satisfactorily at least 30 semester (45 quarter) units in courses at a level at least equivalent to General Education-Breadth courses, including courses in written communication in the English language, oral communication in the English language, critical thinking, and mathematics and quantitative reasoning; (2) For admission prior to fall term 2005, the applicant has completed at least 56 semester (84 quarter) units of transferable college credit and has attained a grade point average in all units of transferable college credit which places the applicant among the upper one-half of eligible California residents who are applicants for admission under Section 40803, the required minimum grade point average to be determined by the Chancellor; (3) Commencing with admission to the fall term 2005, the applicant has attained a grade point average of 2.0 (grade of C) or better in at least 60 semester (90 quarter) units of transferable college credit and has attained a grade point average in all units of transferable college credit which places the applicant among the upper one-half of eligible California residents who are applicants for admission under, the required minimum Section 40803 grade point average to be determined by the Chancellor; (4) The applicant was in good standing at the last college attended. (b) Commencing with admission to the fall term 2006, an applicant who has attended a California community college and who has committed to a major and campus of the California State University before earning more than 45 semester (68 quarter) units will receive the highest priority for admission to that campus and major if the applicant has completed successfully the systemwide lower-division transfer pattern for that major and the campus-specific lower-division transfer pattern for that major and campus, as defined in Section 40530. "Highest priority" as used herein means a guarantee of admission subject to enrollment demand, available space, and satisfactory completion of any impaction criteria for that campus and major. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40804. Applicants Who Were Eligible for Admission As First-Time Freshmen and Who Have Completed Fewer Than the Prescribed Number of Units of College Credit. An applicant who has completed fewer than 56 semester (84 quarter) units of college credit for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units of college credit commencing with admission to the fall 2005 term may be admitted to a campus as an undergraduate transfer upon satisfaction of the requirements of each of the following lettered subdivisions: (a) The applicant was eligible for admission to a campus as a first-time freshman, either (1) on the basis of the admission requirements in effect at the time of the application, other than the provisions of Sections 40757, 40758, 40900, or 40901, and including satisfactory completion of the comprehensive pattern of college preparatory subjects as defined in subsection (n) of Section 40601 or an alternative program determined by the Chancellor to be equivalent; or (2) on the basis of the admission requirements in effect at the time of the applicant's graduation from high school, other than the provisions of Sections 40757, 40758, 40900, or 40901, including satisfactory completion of any college preparatory course requirements in effect at that time or an alternative program determined by the Chancellor to be equivalent, if the applicant has been in continuous attendance at a college since graduation; (b) The applicant has attained a grade point average of 2.0 (grade of C) or better in all transferable college units attempted; (c) The applicant was in good standing at the last college attended. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40804.1. Applicants Who Were Ineligible for Admission As First-Time Freshmen for Failure to Meet Course Requirements and Who Have Completed Fewer Than the Prescribed Number of Units of College Credit. An applicant who has completed fewer than 56 semester (84 quarter) units of college credit for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units of college credit commencing with admission to the fall 2005 term and who was not eligible for admission to a campus as a first-time freshman solely because of failure to complete satisfactorily the comprehensive pattern of college preparatory subjects defined in subdivision (n) of Section 40601 or an alternative program determined by the Chancellor to be equivalent may be admitted to a campus as an undergraduate transfer upon satisfaction of each of the following lettered subdivisions: (a) Except for satisfactory completion of the comprehensive pattern of college preparatory subjects defined in subdivision (n) of Section 40601 or an acceptable alternative program, the applicant who was eligible for admission to a campus as a first-time freshman, either (1) on the basis of the admission requirements in effect at the time of the application, other than the provisions of Sections 40757, 40758, 40900, or 40901; or (2) on the basis of the admission requirements in effect at the time of the applicant's graduation from high school, other than the provisions of Sections 40757, 40758, 40900, or 40901, if the applicant has been in continuous attendance at a college since graduation; (b) Subsequent to high school graduation, the applicant has completed satisfactorily whatever college preparatory course requirements were in effect at the time of the applicant's graduation from high school, or an alternative program determined by the Chancellor to be equivalent; (c) The applicant has attained a grade point average of 2.0 (a grade of C) or better in all transferable college units attempted; (d) The applicant was in good standing at the last college attended. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40805. Applicants with Particular Majors. An applicant not eligible under Section 40804 or 40804.1 may be admitted to a campus as an undergraduate transfer upon satisfaction of the requirements of each of the following subdivisions: (a) The applicant has completed satisfactorily the comprehensive pattern of college preparatory subjects defined in subsection (n) of Section 40601 or an alternative program determined by the Chancellor to be equivalent; (b) The degree objective is such that at least 56 semester (84 quarter) units for admission prior to fall term 2005 and at least 60 semester (90 quarter) units commencing with admission to the fall 2005 term, or the equivalent, of appropriate course work are not offered at the college from which the applicant seeks to transfer; (c) The applicant has completed that portion of the curricular program required by the campus for the degree objective, as is offered at the college from which the applicant seeks to transfer; (d) The applicant has attained a grade point average of 2.0 (grade of C) or better in all transferable college work attempted; (e) The applicant was in good standing at the last college attended. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40805.1. Veterans. An applicant who is not eligible for admission as a first-time freshman on the basis of the admission requirements in effect at the time of application for admission as an undergraduate transfer, who has not completed 56 semester (84 quarter) units of college credit for admission prior to fall term 2005 and 60 semester (90 quarter) units of college credit commencing with admission to the fall 2005 term, and who is not otherwise eligible under the provisions of this Article, may be admitted to a campus as an undergraduate transfer; provided, that the applicant is an "eligible veteran" as that term is defined in subdivision (a)(1) of Section 3452, Title 38, United States Code and if the applicant is a California resident. The Chancellor is authorized to establish and from time to time revise procedures appropriate for the administration of this section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40806. Other Applicants. An applicant who does not meet the requirements of Sections 40803, 40804 and 40805, but who is eligible for admission as a first-time freshman on the basis of the admission requirements in effect at the time of the application for admission as an undergraduate transfer, other than the provisions of Section 40759, or who has completed 56 semester (84 quarter) units of transferable college credit for admission prior to fall term 2005 and 60 semester (90 quarter) units of transferable college credit commencing with admission to the fall 2005 term, may be admitted to a campus as an undergraduate transfer, if in the judgment of the appropriate campus authority, the applicant can succeed at the campus. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40807. Adult Students. An applicant who has attained the age of 25 years and is a high school graduate may be admitted to a campus as an adult student (1) if the applicant was not enrolled as a full-time student for more than one academic term within the previous five years and (2) if for any college work completed during that five-year period the applicant received a "C" average (2.0) or better and (3) if the applicant's motivation, preparation, and ability are such that in the judgment of the appropriate campus authority the probability of academic success is equivalent to that of students eligible under Section 40803 and (4) if the applicant demonstrates competence in entry-level skills as defined in Section 40402.1. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66021, 66600 and 89030, Education Code. s 40808. Applicants Who Are Enrolled at Other Campuses. Notwithstanding any other provision of this Article, an applicant who is enrolled at a campus may be admitted to another campus at the discretion of appropriate campus authority of both campuses, if the applicant satisfies the requirements of each of the following lettered subdivisions. (For convenience of reference, the campus at which the student is enrolled is termed the "first campus," and the campus to which the student seeks to be admitted is termed the "second campus.") (a) The student has completed at least one term at the first campus as a matriculated student and has earned at least 12 units there. (b) The student has attained a grade point average of 2.0 (grade of C) in all work completed at the first campus and is in good standing at that campus. The Chancellor shall establish procedures so that an applicant meeting the provisions of this section may be certified by the first campus as to eligibility, residence and health status. The second campus may require the applicant to submit additional information as needed. Admission under this section may be limited to a specified period of time or purpose to be determined by the second campus. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40900. General Exceptions. An applicant who is not otherwise eligible for admission as either a first-time freshman pursuant to Article 4 (commencing with Section 40751) or as a transfer student with fewer than 56 semester (84 quarter) units for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units commencing with admission to the fall 2005 term pursuant to Article 5 (commencing with Section 40801) may be admitted to a campus provided that the number of applicants enrolled in The California State University pursuant to this Section for any college year shall not exceed 4% of all undergraduate students who enrolled for the first time in The California State University during the previous college year exclusive of those who enrolled after being admitted under the provisions of this article. The Chancellor may prescribe, and may from time to time revise, procedures for the administration of this Section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 40901. Exceptions for Applicants to Special Compensatory Programs. (a) An applicant who is not otherwise eligible for admissions either as a first-time freshman pursuant to Article 4 (commencing with Section 40751) or as a transfer student with fewer than 56 semester (84 quarter) units for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units commencing with admission to the fall 2005 term pursuant to Article 5 (commencing with Section 40801) may be admitted to a campus provided that he or she is a disadvantaged applicant for whom special compensatory assistance is available, and provided further that the number of applicants enrolled in The California State University pursuant to this Section for any college year shall not exceed 4% of all undergraduate students enrolled for the first time in The California State University during the previous college year exclusive of those who enrolled after being admitted under the provisions of this article. The Chancellor may establish, and may from time to time revise, procedures for the administration of this Section. (b) As used in this Section, the term "disadvantaged applicant" means an applicant who comes from a low-income family, who has the potential to perform satisfactorily on the college level, but who has been and appears to be unable to realize that potential without special assistance because of economic, or educational background. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 40905. Admission to Bachelor of Music and Bachelor of Fine Arts Degree Programs. An applicant may be admitted to the Bachelor of Music degree program or Bachelor of Fine Arts degree program if the applicant qualifies for admission under this Subchapter and if the applicant, in the judgment of the campus, demonstrates unusual artistic talent. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41000. Admission to Post-Baccalaureate Standing: Unclassified. An applicant may be admitted to a campus as an unclassified post-baccalaureate student if the applicant satisfies the requirements of each of the following lettered subdivisions: (a) The applicant holds an acceptable baccalaureate degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority. (b) The applicant has attained a grade point average of at least 2.5 in the last 60 semester units attempted. (c) The applicant was in good standing at the last college attended. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41001. Special Action. An applicant who does not qualify for admission under the provisions of subdivisions (a) or (b), or both such subdivisions, of Section 41000, may be admitted by special action if on the basis of acceptable evidence the applicant is judged by appropriate campus authority to possess sufficient academic, professional and other potential pertinent to the applicant's educational objectives to merit such action. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41002. Admission to Post-Baccalaureate Standing: Classified. An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001 may be admitted to classified post-baccalaureate standing for the purpose of enrolling in a particular post-baccalaureate credential or certificate program, if the applicant satisfies such additional professional, personal, scholastic and other standards, including qualifying examinations as may be prescribed for the particular program by the appropriate campus authority. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41010. Admission to Graduate Standing: Conditionally Classified. An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001, but who has deficiencies in prerequisite preparation which in the opinion of the appropriate campus authority can be met by specified additional preparation, including qualifying examinations, may be admitted to an authorized graduate degree curriculum with conditionally classified graduate standing. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41011. Admission to Graduate Standing: Classified. An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001 may be admitted to an authorized graduate degree curriculum of the campus as a classified graduate student if the applicant satisfactorily meets the professional, personal, scholastic, and other standards for admission to the graduate degree curriculum, including qualifying examinations, as the appropriate campus authority may prescribe. Only those applicants who show promise of success and fitness will be admitted to graduate degree curricula, and only those who continue to demonstrate a satisfactory level of scholastic competence and fitness shall be eligible to continue in such curricula. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41020. Admission to Doctor of Education Programs. (a) An applicant may be admitted with classified graduate standing to a program leading to a Doctor of Education degree established pursuant to Section 40511 if the applicant satisfies the requirements of each of the following numbered subdivisions: (1) The applicant holds an acceptable baccalaureate degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority. (2) The applicant holds an acceptable master's degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority. (3) The applicant has attained a cumulative grade point average of at least 3.0 in upper-division and graduate study combined. (4) The applicant is in good standing at the last institution of higher education attended. (5) The applicant has demonstrated sufficient preparation and experience pertinent to educational leadership to benefit from the program. (6) The applicant has met any additional requirements established by the Chancellor in consultation with the faculty and any additional requirements prescribed by the appropriate campus authority. (b) An applicant who does not qualify for admission under the provisions of subdivision (a) may be admitted with classified graduate standing by special action if on the basis of acceptable evidence the applicant is judged by the appropriate campus authority to possess sufficient academic and professional potential pertinent to educational leadership to merit such action. (c) An applicant who is ineligible for admission under the provisions of either subdivision (a) or subdivision (b) because of deficiencies in prerequisite preparation that in the opinion of the appropriate campus authority can be rectified by specified additional preparation, including examinations, may be admitted with conditionally classified graduate standing. The student shall be granted classified graduate standing upon rectification of the deficiencies. (d) Only those students who continue to demonstrate a satisfactory level of scholastic competence and fitness shall be eligible to continue in Doctor of Education programs. Note: Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code. s 41030. Applicants Who Are Enrolled at Other Campuses. Notwithstanding any other provision of this Article, an applicant who is enrolled as a graduate student at a campus may be admitted to another campus at the discretion of appropriate campus authorities of both campuses if the applicant satisfies the requirements of each of the following lettered subdivisions. (For convenience of reference, the campus at which the student is enrolled is termed the "first campus," and the campus to which the student seeks to be admitted is termed the "second campus.") (a) The student has completed at least one term at the first campus as a matriculated student or will be enrolled concurrently in such status. (b) The student has been admitted to or is enrolled in an authorized graduate program at the first campus. (c) The student was in good standing at the last college attended. The Chancellor shall establish procedures whereby an applicant meeting the provisions of this section may be certified by the first campus as to eligibility, residence and health status. The second campus may require the applicant to submit additional information as needed, and admission under this section may be for a specified period of time or purpose to be determined by the second campus. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41040. English Language Examination. To be admitted to a campus as a postbaccalaureate or graduate student, an applicant who does not possess a baccalaureate degree from a postsecondary institution where English is the principal language of instruction must receive a minimum score of 550 on the Test of English as a Foreign Language (TOEFL). Appropriate campus authority may prescribe a higher minimum score, based on such campus factors as the nature of the instruction offered, availability of instruction in English as a second language, student enrollment demand, and availability of funds. Achieving the minimum score shall be evidence of the applicant's English competency at a level which will allow the applicant to participate satisfactorily in and benefit from university study. Exceptions may be granted by the appropriate campus authority when there is convincing evidence that the applicant's competence in English is at a level which will allow satisfactory participation in and benefit from university study. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code. s 41050. Campus Admission Requirements. Each campus shall establish and announce admission requirements appropriate for each of its graduate degree and post-baccalaureate programs; such requirements may be greater than but not less than the requirements set forth in Section 41000. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41100. Admission to Teacher Education Basic Credential Program. To be admitted to a teacher education basic credential program, a candidate for admission shall be evaluated by the campus as provided in subsection (a) and shall be determined to have satisfied all entrance requirements of the California State University as provided in this section. (a) Evaluation Procedure. When a candidate requests admission to a teacher education basic credential program, the campus shall evaluate the candidate and review the candidate's record in accordance with the review and evaluation procedures established at the campus. The teacher education faculty shall be involved in this review and evaluation. The decision of the campus resulting from this evaluation shall be final. (b) Evaluation Standards. Requirements for admission to a teacher education basic credential program shall be prescribed by the Chancellor, after appropriate consultation, and shall include the following: (1) Scholarship. The candidate shall have attained a grade point average that is equal to or greater than a standard established by the Chancellor in consultation with the faculty. That standard shall ensure that successful candidates will have demonstrated academic achievement that places them in the upper half of a comparable student population, in conformity with criteria adopted by the California Commission on Teacher Credentialing. (2) Prerequisite Courses and Field Experience. The candidate shall have successfully completed at least one documented field experience as prescribed by the Chancellor and other prerequisite courses prescribed by the campus. (3) Professional Aptitude. The candidate shall demonstrate suitable aptitude for teaching in public schools, as determined by the campus. The procedures for making this determination shall include interviews and letters of recommendation. (4) Physical Fitness. The candidate shall satisfy the standards of health and physical fitness required by the Commission on Teacher Credentialing. (5) Fundamental Skills. The candidate shall demonstrate proficiency in fundamental skills. Fundamental skills shall include written and spoken English. The Chancellor may require the demonstration of proficiency in additional fundamental skills for entrance to or continuation in a basic credential program. The campus shall determine whether the evidence of proficiency is acceptable. (6) Personality and Character. The candidate shall demonstrate personality and character traits that satisfy the standards of the teaching profession. The assessment of the candidate shall be made by the teacher education faculty of the campus, who may also consider information from public school personnel and others. Tests, observations, and interviews may be employed by the campus for this assessment. (c) Exceptions. The campus may admit a candidate to a teacher education program as an exception when the candidate has not met one or more of the requirements if the candidate possesses compensating strengths in other required areas. A campus may grant exceptions that are conditioned on satisfaction of requirements within a specified time period. The campus shall limit the number of exceptional admissions to teacher education programs in the current year to a number no greater than 15 percent of those regularly admitted to the campus teacher education program in the current or previous year. (d) The evaluation standards established by the Chancellor may vary with the type of basic credential program to which admission is sought. The standards may be based, as appropriate, on one or more of the following: undergraduate class standing or post-baccalaureate standing; completion of, partial completion of, or enrollment in an approved subject matter program; submission of examination scores or passage of one or more examinations; possession of a certificate of clearance; offer of employment as an intern teacher in a collaborating district. (e) A candidate who has been determined by a campus to meet the minimum standards for entrance to a basic credential program shall be considered to be eligible for admission to a basic credential program of the same type that is offered by any other California State University campus and that is not impacted pursuant to Sections 40650 and 40651. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 41101. Continuation in Teacher Education Basic Credential Program. Once admitted to a teacher education basic credential program of a campus, a student shall continue to satisfy the requirements for admission in Section 41100 and those prescribed by the campus. Should the campus determine that a student no longer satisfies these requirements or that a student who was admitted as an exception has failed to satisfy a condition of admission, the campus may, after notifying and counseling the student, discontinue the student's participation in the teacher education program. A campus may establish additional criteria of satisfactory progress through the teacher education program. Should the campus determine that a student has not made satisfactory progress, the campus may, after notifying and counseling the student, discontinue the student's participation in the teacher education program. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 41102. Recommendation for Teaching Credential. To be eligible for recommendation by the campus for a basic teaching credential, the candidate shall have satisfied the following requirements: (a) The candidate shall have achieved a minimum grade point average of 3.0 on a four-point scale in all classes attempted in professional education courses after entering the program. (b) The candidate shall have met campus standards for completion of a supervised teaching experience, including a teaching experience in a multicultural setting. (c) The candidate shall have successfully completed all credential requirements of the Education Code and Part VIII of Title 5 of the California Code of Regulations. (d) The candidate shall have satisfied all competence standards of the campus in the following categories: fundamental skills, the appropriate subject matter, instructional procedures, classroom management, and professional attitudes. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 41103. Office of the Chancellor. The Chancellor shall provide guidance to the campuses of the California State University concerning the requirements of this Article 9 and administrative direction in the implementation of the provisions of this article in the California State University. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 41104. Office of the Chancellor. Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code. s 41110. Admission for Employee Training and Career Development. Full-time permanent or probationary employees as defined in Section 41804 or permanent part-time employees who are not admitted to a campus pursuant to the admission requirements of this subchapter may be admitted to a campus for the purpose of enrollingin courses which meet the requirements of and are approved pursuant to Section 41804 subject to rules prescribed by the Chancellor or designee. Such admission shall be only for the purpose of enrolling in such courses. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41200. Health Screening Programs. Except as hereinafter provided, each campus may establish for regular students a health screening program, including a requirement for a physical examination, as a condition for matriculation or continued attendance. If the parent or guardian of a minor student, or a student who has reached his or her eighteenth birthday, submits in writing a statement that a physical examination is contrary to the religious beliefs of such student, the student shall be exempt from such physical examination other than that required by the campus of students taking courses in student teaching or other teacher-education laboratory in the public schools. Whenever a campus physician has reason to believe that any student is suffering from an infectious or contagious disease that poses a significant health hazard to persons on the campus, such student shall not be permitted to attend at the campus. If admitted students do not comply with any campus health screening policy before arrival on campus, appropriate campus medical personnel are authorized to conduct physical examinations, laboratory tests or radiological examinations, diagnose and treat such students as necessary to ensure compliance with campus health screening requirements prior to registration or enrollment. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41200.1. Exemption for Enrollment at Other Campuses. The requirement of a physical examination may be waived by a campus for students whose enrollment at that campus is pursuant to Section 40808 or Section 41030. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41201. Supplemental Information. A campus may require of each applicant for admission that the applicant furnish the campus with his or her social security number and other information concerning the applicant's identification which the campus requests. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41250. Admission Experiments. Notwithstanding any other provisions of this Subchapter, the Chancellor may authorize the admission of applicants for the purpose of conducting controlled admission experiments designed to provide improved bases for identifying applicants likely to profit from the instruction offered. All such programs including the criteria to be tested are subject to prior approval by the Chancellor and shall be reported to the Board annually. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41300. Academic Probation and Disqualification. For purposes of determining a student's eligibility to remain at the campus both quality of performance and progress toward his or her objective shall be considered. Such eligibility shall be determined by use of grade points, and grade point average and by application of guidelines provided for in Section 41300.1. Campuses shall adhere to the following criteria to ensure satisfactory student progress toward the degree: (a) An undergraduate student shall be subject to probation if, in any academic term the student fails to maintain a cumulative grade point average of at least 2.0 (grade of C); (b) An undergraduate student shall be subject to disqualification if the student's cumulative grade point balance displays a deficiency in excess of the number permitted for his or her class level pursuant to deficiency levels established by the Chancellor; (c) An undergraduate student who is not on probation may be disqualified if at any time the student's cumulative grade point average falls below 1.0 (grade of D) and, in the opinion of the appropriate campus authority it is unlikely in light of the student's overall educational record, that the resultant grade point deficiency will be removed in subsequent terms. (d) A student who is enrolled in a graduate degree program in conditionally classified or classified standing shall be subject to academic probation if the student fails to maintain a cumulative grade point average of at least 3.0 (grade of B) in all units attempted subsequent to admission to the program; (e) A student who is enrolled in any post-baccalaureate status other than in conditionally classified or classified standing shall be subject to academic probation if the student fails to meet criteria established by the campus. Such criteria shall not be less than those established for undergraduate students; (f) A graduate or post-baccalaureate student shall be subject to disqualification if while on probation the student fails to earn sufficient grade points to be removed from probationary status. Disqualification may be either from further registration in a particular program or from further enrollment at the campus as determined by appropriate campus authority. A student disqualified for scholarship deficiency may not enroll in any regular session of the campus without permission from the appropriate campus authority, and may be denied admission to other educational programs operated or sponsored by the campus. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41300.1. Administrative Academic Disqualification. An undergraduate or graduate student may also be placed on probation or may be disqualified by appropriate campus authorities for unsatisfactory scholastic progress regardless of cumulative grade point average or progress points. Such actions shall be limited to those arising from repeated withdrawal, failure to progress toward an educational objective and noncompliance with an academic requirement, and shall be consistent with guidelines issued by the Chancellor. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41301. Standards for Student Conduct. The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community must choose behaviors that contribute toward this end. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences. (a) Student Responsibilities Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and to contribute positively to student and university life. (b) Unacceptable Student Behaviors The following behavior is subject to disciplinary sanctions: (1) Dishonesty, including: (A) Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage. (B) Furnishing false information to a University official, faculty member, or campus office. (C) Forgery, alteration, or misuse of a University document, key, or identification instrument. (D) Misrepresenting one's self to be an authorized agent of the University or one of its auxiliaries. (2) Unauthorized entry into, presence in, use of, or misuse of University property. (3) Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity. (4) Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community. (5) Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity. (6) Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community. (7) Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct. (8) Hazing, or conspiracy to haze, as defined in Education Code Sections 32050 and 32051: "Hazing" includes any method of initiation or pre-initiation into a student organization, or any pastime or amusement engaged in with respect to such an organization which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any student or other person attending any school, community college, college, university or other educational institution in this state; but the term "hazing" does not include customary athletic events or other similar contests or competitions. A group of students acting together may be considered a 'student organization' for purposes of this section whether or not they are officially recognized. Neither the express or implied consent of a victim of hazing, nor the lack of active participation while hazing is going on is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section. (9) Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs. (10) Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity. (11) Theft of property or services from the University community, or misappropriation of University resources. (12) Unauthorized destruction, or damage to University property or other property in the University community. (13) Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity. (14) Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose. (15) Misuse of computer facilities or resources, including: (A) Unauthorized entry into a file, for any purpose. (B) Unauthorized transfer of a file. (C) Use of another's identification or password. (D) Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community. (E) Use of computing facilities and resources to send obscene or intimidating and abusive messages. (F) Use of computing facilities and resources to interfere with normal University operations. (G) Use of computing facilities and resources in violation of copyright laws. (H) Violation of a campus computer use policy. (16) Violation of any published University policy, rule, regulation or presidential order. (17) Failure to comply with directions or, or interference with, any University official or any public safety officer while acting in the performance of his/her duties. (18) Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations. (19) Violation of the Student Conduct Procedures, including: (A) Falsification, distortion, or misrepresentation of information related to a student discipline matter. (B) Disruption or interference with the orderly progress of a student discipline proceeding. (C) Initiation of a student discipline proceeding in bad faith. (D) Attempting to discourage another from participating in the student discipline matter. (E) Attempting to influence the impartiality of any participant in a student discipline matter. (F) Verbal or physical harassment or intimidation of any participant in a student discipline matter. (G) Failure to comply with the sanction(s) imposed under a student discipline proceeding. (20) Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline. (c) Procedures for Enforcing This Code The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code. (d) Application of This Code Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment. Note: Authority cited: Sections 66017, 66452, 66600, 69810, 89030 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code. s 41302. Disposition of Fees: Campus Emergency; Interim Suspension. The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension. During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities. The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion. Note: Authority cited: Sections 66300, 66600, 89030, 89031 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813, 89030, 89031, 89700, Education Code; and Section 626.2, Penal Code.Authority cited: Sections 66300, 66600, 89030, 89031 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813, 89030, 89031, 89700, Education Code; and Section 626.2, Penal Code. s 41303. Conduct by Applicants for Admission. Note: Authority cited: Sections 66300, 66600, 89030 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813 and 89030, Education Code; and Section 626.2, Penal Code. s 41304. Student Disciplinary Procedures for the California State University. Note: Authority cited: Sections 66300, 66600, 89030 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813 and 89030, Education Code; and Section 626.2, Penal Code. s 41400. Scope of Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41401. Calling of Election. The president of a campus in which a student body organization has been established may call an election which shall be called, held and conducted pursuant to this article, to determine whether a student body membership fee shall be fixed which shall be required of all regular, limited and special session students attending the campus. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41402. Notice. The election shall be called by posting notices in three public places on the campus at least two weeks before the election and by publishing the notice once a week for two weeks in the campus newspaper published by the student body organization, if there be such a newspaper. The notice shall set forth the time and place of the election, the purpose of the election, the location of the polls, and the hours during which the polls will be open. If more than one polling place is established, the notice shall also designate the group eligible to vote at each polling place. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41403. Polling Places. The president of the campus shall fix the number of polling places. If more than one polling place is established, the regular students of the campus shall be divided into as many groups alphabetically, according to their surnames, as there are polling places, and each group shall be required to vote at the polling place assigned to it. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41404. Conduct. The election shall be held on the campus and may be held on any day during the regular academic year the campus is in session except Saturday and Sunday. The polls shall be open from not later than 8 a.m. to at least 4 p.m. Only regular students of the campus shall be entitled to vote at the election. No electioneering shall be carried on by signs or otherwise within 100 feet of any polling place. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41405. Supervision. Such election shall be held and conducted under the direct supervision of such members of the faculty of the campus as the president shall designate. Voting shall be by secret ballot. At least one faculty member shall be present at each of the polls during the time the polls are open and during the time the votes are counted. Such faculty member or members shall supervise the conduct of the election at the polling place. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41406. Ballot. The ballot used at such elections shall be in the following form: "Shall a membership fee in the student body organization of_______________ (Insert Name of Institution) be fixed which shall be required of all regular, limited and special session students enrolled at the campus? Yes__ No__ (The voter shall mark a cross after the answer he desires to give.)" Only one ballot shall be allowed each eligible voter. If a voter marks a ballot in error, the voter may return such ballot and receive another. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41407. Results. Immediately after the closing of the polls, the ballots cast at each polling place shall be counted by, or under the direction of, the faculty member or members assigned to such polling place. The number of "Yes" votes and the number of "No" votes cast at the polling place shall be certified to the president of the campus by a faculty member assigned to the polling place. The president of the campus shall total the votes and certify the result of the election to the Board of Trustees. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41408. Fixing of Fees. If two-thirds of the votes cast at the election are "Yes" votes, the Chancellor shall fix the membership fee to be required of all regular, limited and special session students attending the campus and shall notify the president of the campus of the fee fixed. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41409. Collection of Fees. The required membership fee shall, pursuant to Education Code Section 89301, be collected by the campus of a regular student, limited student, and special session student unless the student chooses to work off the amount of the fee as provided in Education Code Section 89301. Fees so collected shall be deposited with the chief fiscal officer or designee of the campus and transmitted by that officer to the treasurer of the student body organization. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41409.5. Time of Collection of Fees. The required membership fee shall be collected at the time of each registration except: (a) When a student loan or other financial assistance from a student aid program or a training program recognized by the campus has been delayed and there is reasonable proof acceptable to the chief fiscal officer of the campus or designee that the funds will be forthcoming; or (b) When changes are made during the change of program period which result in a higher fee category than paid at the time of registration, in which case the additional fee required shall, subject to (a) above, be paid immediately upon demand by the campus. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41410. Referendum. The required membership fee shall be subject to referendum as provided in Education Code Section 89300. The referendum election shall be called, held, and conducted, and the results thereof certified in the same manner as the election at which the required membership fees were authorized except for necessary changes made in phrasing notices, ballots, propositions, and similar election material, in order to provide for a referendum; provided that a referendum shall not be successful unless at least two-thirds of the students voting at the election called therefor approve it. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41411. Resubmission of Proposals. If a proposal submitted at an election held under this article fails to receive the number of votes required for its adoption, subsequent elections may be called and held under this article, at which the proposal may be submitted but no such election shall be held within 90 days of any prior election at which such proposal was submitted. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41500. Withholding of Recognition. No campus shall recognize any fraternity, sorority, living group, honor society, or other student organization which discriminates on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability. The prohibition on membership policies that discriminate on the basis of gender does not apply to social fraternities or sororities or to other university living groups. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41501. Definition of Recognition. Recognition as used in this article shall include, but not be limited to, the granting by a campus of any benefit, resource, or privilege whatsoever, or allowing the use of campus facilities, to any such student organization described in Section 41500 of this article. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41502. Time Limitation for Conforming. s 41503. Filing Requisites. Each student organization shall deposit with the Vice President of Student Affairs or equivalent officer of the campus by, copies of all constitutions, charters or other documents relating to its policies. The student organizations shall also deliver to the Vice President of Student Affairs or equivalent officer a statement signed by the president or similar officer of the local student organization attesting that the organization has no rules or policies which discriminate on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above. This statement shall be renewed annually and the other documents required by this section shall be refiled within 90 days after any substantive change or amendment. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41504. Penalties. Should the national governing body of any organization described in Section 41500 take any action which has the effect of penalizing or disciplining any branch or chapter at a campus in order to enforce a policy of discrimination based on race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above, recognition of that organization by any campus shall be immediately withdrawn. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41505. Athletics and Other Intercollegiate Activities. No campus shall enter into intercollegiate activities which will subject its students directly or indirectly to discrimination or segregation on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability. The prohibition against discrimination on the basis of gender does not apply to membership on intercollegiate athletic teams, facilities, or competition. Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code. s 41600. Definition of Community Relations Responsibilities of Campus Presidents. Note: Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code. s 41601. Definition of Community Relations Responsibilities of the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code. s 41700. Support for Established Programs. Each campus shall maintain the courses, staff, and facilities necessary to meet the requirements for the degrees and credentials authorized. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41701. Student Personnel Services. Each campus shall maintain an adequate staff to provide student personnel services to include counseling and testing, activities, and housing, health service, placement, and admissions and records. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41702. Library. Each campus shall maintain a library containing an adequate supply of books, periodicals, and other instructional materials distributed among the fields of knowledge in which instruction is offered. The library shall be administered by a qualified librarian. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41703. Laboratory School. Each campus shall, upon approval by the Board of Trustees, provide adequate facilities for observation, demonstration, research, experimentation, supervised teaching and other activities related to Teacher Education programs in order to foster and promote continued improvements in the education of children and of teachers. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89047, Education Code. s 41704. Audio-Visual Aids. Each campus shall maintain adequate classroom and laboratory facilities and the necessary equipment to provide audio-visual aids to learning. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 41705. Television. Each campus may, with the approval of the Board of Trustees, contract to use open-circuit television facilities for the offering of appropriate instruction. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89200, Education Code. s 41706. Pupil Transportation. s 41800. Payment of Fees. (a) Amount Generally. Students and other persons receiving services, facilities or materials provided by the California State University shall pay fees in accordance with the schedule of fees approved by the Board of Trustees. (b) Time of Payment. A student shall pay any tuition or student services fee, or both, in accordance with the schedule of fees by such time as is determined by the Chancellor; provided that for entering students such fees may not be required earlier than the date of the student's admission to the campus. A student shall pay other fees required by the schedule of fees at the time or times as specified in the first sentence of this subdivision, or later as determined by appropriate campus authorities. (c) Increase in Unit Load. If the number of units for which a student is registered is increased during the term to a higher student services fee category in the schedule of fees, the student shall pay an additional amount so that the total amount paid as a student services fee shall equal the student services fee for the greater number of units. Note: Additional authority cited: Section 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code. s 41800.1. Application Fees. (a) Definitions. (1) Semester and Quarter. As used in this section, the words "semester," and "quarter" shall include any semester or quarter other than a special session semester or quarter for which tuition fees are required pursuant to Education Code Section 89708. (2) Application for Admission. As used in this section, the phrase "application for admission" shall include an application for readmission as well as an application for initial admission to a campus for undergraduate or post-baccalaureate study. (b) Imposition of Fee. All applications for admission to a campus shall pay an application fee of fifty-five dollars ($55.00) for the processing of the application by the campus. (c) Time of Payment. Application fees shall be submitted with applications for admission, and no application shall be considered complete unless accompanied by said fee. (d) Exclusions. This section shall not apply: (1) to applications for enrollment in extension courses or as an auditor without credit. (2) to applications for admission submitted by persons enrolled at the campus to which application is made during either of the two semesters or any of the three quarters, as the case may be, immediately preceding the semester or quarter with respect to which the application is submitted, unless such person was enrolled at another institution subsequent to such previous semester or quarter. (3) to an application transferred at the request of the applicant to a campus by the campus at which it was originally filed, provided that the application fee was paid at the latter if required by this section, and provided further, that the applicant did not enroll at the campus at which the application was previously filed. (4) to applications for admission which are restricted to certain special programs as designated by the Chancellor. (5) to applications for admission from individuals as to whom,in the judgment of the president or designee, payment of the fee would constitute undue financial hardship. The Chancellor shall establish appropriate guidelines for implementation of this exclusion. (6) in the case of a student returning from an authorized planned student leave granted by appropriate campus authority where the principal purpose of the leave was related to the student's educational objective, provided that the conditions of the leave have been met. Note: Authority cited: Sections 89030 and 89700, Education Code. Reference: Section 89700, Education Code. s 41800.2. Instructionally Related Activities Fee. The Chancellor is authorized to establish and adjust an Instructionally Related Activities fee which shall be assessed of all regular students of the California State University. The Chancellor shall adopt such rules and procedures as may be necessary or appropriate to administer the authorization granted herein. The revenues derived from the Instructionally Related Activities fee shall be used for the support of instructionally related activities in the California State University subject to such rules and procedures as the Chancellor shall prescribe. Note: Authority cited: Sections 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code. s 41801. Exemption from Fees Under Education Code Section 32320. Note: Authority cited: Section 89030, Education Code. Reference: Section 32320, Education Code. s 41802. Refund of Fees Including Nonresident Tuition. (a) General. Money collected as a mandatory fee or nonresident tuition may be refunded in accordance with the provisions of this section. (b) Cancellation of Registration. A student who registers for classes for an academic period and who drops all classes or otherwise cancels registration for the period prior to the first day of instruction for that period shall be entitled to a refund of all tuition and mandatory fees paid less an administrative charge established by the campus. (c) Adjustment of Registration. A student who, within the campus designated drop period and in accordance with the campus procedures, drops units resulting in a lower tuition and/or mandatory fee obligation shall be entitled to a refund of applicable tuition and mandatory fees less an administrative charge established by the campus. (d) Withdrawals. (1) For state-supported semesters, quarters and non-standard terms or courses of four (4) weeks or more: A student who, on or after the first day of instruction and up to a date that includes the sixty percent point in the academic period, either (A) drops all of the courses in which the student enrolled prior to the end of the campus-designated drop period, or (B) officially withdraws for the enrollment period in accordance with university procedures, shall be entitled to a refund of tuition and mandatory fees on the basis of the proportion represented by the number of days in the academic period, excluding breaks of five days or more. A student who officially withdraws from the university after the sixty percent point in the academic period, fails to drop classes prior to the end of the campus drop period, or fails to officially withdraw from the campus, shall not be entitled to any refund of tuition or mandatory fees. (2) For state-supported, non-standard terms or courses of less than four (4) weeks: a student registered for a state-supported, academic period or any course of less than four (4) weeks in duration shall not be entitled to any refund of tuition and mandatory fees if the student fails to either drop the courses or cancel registration prior to the first day of instruction for state-supported, non-standard terms or the first scheduled meeting of a state-supported course of less than four weeks that occurs during a regular semester or quarter. (3) For self-support, special sessions and extension course tuition fees: Refunds of tuition and fee charges for self-support, special sessions and extension courses shall be made in accordance with policies and procedures established by the campus offering the session or course. (e) Exceptions. Notwithstanding subdivision (d): (1) Tuition and mandatory fees shall be refunded and an administrative charge may not be retained if (A) The tuition and mandatory fees were assessed or collected in error; (B) The course for which the tuition and mandatory fees were assessed or collected was cancelled by the university; (C) The university makes a delayed decision that the student was not eligible to enroll in the term for which mandatory fees were assessed and collected and the delayed decision was not due to incomplete or inaccurate information provided by the student; or (D) The student was activated for compulsory military service. (2) Tuition and mandatory fees may be refunded if the student or an authorized representative petitions the university for a refund demonstrating exceptional circumstances and the chief financial officer of the university or designee makes a determination that the tuition and mandatory fees have not been earned by the university. (f) Payment of Refunds: Any refund of tuition and mandatory fees shall be applied in the following order: (1) Any refunds shall first be applied toward any required return of funds that had been received by the student or on his/her behalf from federal, state, institutional, or external sources that were conditioned on the student's enrollment. (2) The balance of any refunds shall be returned to the student or, with the student's concurrence, carried as a credit balance on the student's account with the university. (g) Penalty Fees, Deposits, and Security or Guaranty Fees. Fees assessed to reimburse the university for additional costs resulting from dishonored payments, late submissions, or misuse of property are not subject to refund. Fees collected as a security or guarantee shall be refundable as determined by the university based on terms stipulated at the time and in accordance with conditions of their collection. (h) "Mandatory fees," as used in this section, means systemwide fees and campus fees that are required to be paid in order to enroll in state-supported academic programs. (i) Since the change arises in the middle of an academic year, campuses may refund fees including nonresident tuition fees following the former refund standards during a transition period that shall end with the commencement of the Fall term 2002. Note: Authority cited: Sections 68051, 89030 and 89700, Education Code. Reference: Sections 68051 and 89700, Education Code. s 41802.1. Refund of Fees and Charges for First-Time Students Receiving Title IV Financial Aid. Note: Authority cited: Sections 89030 and 89700, Education Code. Reference: Sections 89030 and 89700, Education Code; Title 20 United States Code, Section 1091b (106 STAT. 619-620). s 41803. Refund of Parking Fees. Note: Authority cited: Sections 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code. s 41804. Waiver or Reduction of Fees for Employee Training and Career Development. (a) Fees may be waived entirely or reduced for employees of The California State University enrolling in courses offered by The California State University in accordance with this section. (b) Fee waivers or reductions may be authorized by the Chancellor or designee for full-time permanent or probationary employees or permanent part-time employees or Management Personnel Plan employees who enroll in work-related courses which are necessary for improving skills for existing employment with The California State University, or which are necessary for advancement, in accordance with a career development plan, at The California State University. (c) Before such waiver or reduction may be granted, the Chancellor or designee shall approve the course as being work related and necessary for improving skills for existing employment or, as the case may be, shall approve the career development plan and the course as being work related and necessary for advancement in accordance with a career development plan at The California State University. (d) The Chancellor or designee may authorize reduction, but not a full waiver, of student body association fees and fees authorized or required to be charged under the State College Revenue Bond Act of 1947 (Education Code Sections 90010 et seq.) and resolutions adopted thereunder. (e) Full-time permanent or probationary employees or permanent part-time employees or Management Personnel Plan employees who are not admitted to a campus pursuant to the admission requirements of Subchapter 3 of this Chapter may be admitted to a campus for the purpose of enrolling in courses which meet the requirements of and are approved pursuant to this section subject to rules prescribed by the Chancellor or designee. Such admission shall be only for the purpose of enrolling in such courses. (f) "Full-time permanent or probationary employees," or "Management Personnel Plan employees" as used in this section, shall include full-time permanent or probationary employees or Management Personnel Plan employees who are on an approved full or partial leave of absence with or without pay. (g) The appropriate campus authority may reduce the level of services, except instructional services, which may be provided to employees who enroll in work-related courses where the fees paid by such persons are below the fee levels normally charged. Note: Authority cited: Sections 89030 and 89710, Education Code. Reference: Section 89710, Education Code. s 41900. Amount of Tuition. A nonresident student of a campus shall pay tuition, in addition to other fees specified in Section 41800, in accordance with the schedule of fees established by the Chancellor in accordance with this Article. Note: Authority cited: Sections 66600, 68051, 89030, 89035 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code. s 41901. Nonresident Tuition, Amount and Time of Payment. (a) Time of Payment. Nonresident tuition shall be collected at the time of registration except: (1) When a student loan or other financial assistance from a student aid program or a training program recognized by the campus has been delayed and there is reasonable proof acceptable to the chief fiscal officer of the campus or designee that the funds will be forthcoming; or (2) When changes are made during the change of program period which result in a higher fee category than paid at the time of registration, in which case the additional fee required shall, subject to (1) above, be paid immediately upon demand by the campus; or (3) As provided in Section 41901.5. (b) Amount. The nonresident tuition fee shall be based on: (1) the average cost of the net state Support Budget programs of Instruction and Academic Support, which shall be computed annually based on the Board of Trustees' Budget submitted to the Governor. The average cost for this purpose shall be computed by adding the entire net state support at the campus level for the Instruction and Academic Support programs, and dividing the result by the number of full-time equivalent students projected in the Board of Trustees budget request for the California State University; or (2) the amount stipulated in the Governor's Budget, if that amount is greater than the amount in subdivision (b)(1); or (3) the amount stipulated in the budget as finally enacted if that amount is greater than the amount in subdivision (b)(1) and different from the amount in subdivision (b)(2). The schedule of nonresident tuition fees shall be issued annually by the Chancellor to be effective with the fall term. These amounts, as well as all other fees which the Board of Trustees is authorized by law to charge, are subject to change without notice. Note: Authority cited: Sections 68051, 89030 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code. s 41901.5. Installment Payment of Nonresident Tuition. (a) Nonresident students who are citizens and residents of a foreign country and not citizens of the United States may pay nonresident tuition on an installment basis. The installments for each term's tuition, except as hereinafter provided, shall be three equal payments at campuses on semester calendars, and two equal payments at campuses on quarter calendars. At California State University, Stanislaus, the nonresident tuition for the winter term shall be collected at the time of registration. (b) A service charge shall be paid with each installment payment to cover the cost of handling. Such charge shall be in accordance with the schedule of charges established by the Chancellor and shall be sufficient to cover the cost of administering this installment payment plan. Note: Authority cited: Sections 66600, 68051, 89030, 89705 and 89707.5, Education Code. Reference: Section 89707.5, Education Code.Authority cited: Sections 66600, 68051, 89030, 89705 and 89707.5, Education Code. Reference: Section 89707.5, Education Code. s 41902. Definition of "Continuous Attendance." As used in Education Code Section 68016, "continuous attendance" as it refers to attendance by a student at any campus or campuses of The California State University means enrollment in not less than 12 units per semester for two semesters within an academic year, or 12 units per quarter for three quarters within an academic year. For purposes of computing units for graduate level courses taken by graduate students, a weighing factor of 1.5 shall be applied to each unit. To be enrolled full time, a student need not enroll in summer session, and summer session units are not includable for purposes of determining whether a student is enrolled full time. This definition is limited in its application to determinations pursuant to Chapter 1 (commencing with Section 68000) of Part 41, Division 5 of the Education Code, and to this article. Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68016, Education Code. s 41903. Residence Determination Date. The residence determination date for each term shall be set by the Chancellor. One date shall be specified for all campuses of The California State University on the semester system, and one date for all campuses on the quarter system. Note: Authority cited: Sections 66600, 68023, 68044, 89030 and 89035, Education Code. Reference: Section 68023, Education Code. s 41904. Residence Requirement. In order to be classified as a resident for tuition purposes, a student must have been a legal resident of the State of California for more than one year immediately preceding the residence determination date for the term during which the student proposes to attend a campus of the California State University. All students not classified as residents for tuition purposes shall be classified as nonresident students for tuition purposes irrespective of whether such students have residence in another state or territory of the United States or in a foreign country. Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68017 and 68018, Education Code. s 41905. Evidence of Residence. In order to establish a residence, it is necessary that there be a union of act and intent. The act necessary to establish legal residence is physical presence within the State of California. Relevant indicia of intent to make California one's residence include, but are not limited to: voting in elections in California and not in any other state; satisfying resident State personal income tax obligations; establishing an abode in the state where one's belongings are kept; licensing from the State for professional practice; maintaining active resident memberships in California professional or social organizations; maintaining California vehicle plates and operator's license; maintaining active savings and checking accounts in California banks; maintaining permanent military address or home of record in California if in the armed forces; engagement in litigation for which residence is required; showing California as home address on federal income tax forms; and the absence of these indicia outside California during any period for which a residence in California is asserted. Documentary evidence, including but not limited to the foregoing, may be required. No single factor is controlling or decisive. Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68044 and 68062, Education Code. s 41906. Evidence Required for Application of Statutory Exceptions to Non-Resident Tuition Classification. (a) Any minor or eighteen-year-old student claiming application of the self-support exception pursuant to Section 68071 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to: documentation showing earnings for the year immediately preceding the opening day of the semester or quarter of attendance in the form of a statement from the employer or federal withholding form, a statement that the student has actually been present in California for said year (short durational stays away from the state are permitted), and a statement showing all expenses of the student for said year. (b) (1) A dependent natural or adopted child, stepchild or spouse of a member of the armed forces of the United States claiming residence status pursuant to Section 68074 of the Education Code shall provide the appropriate campus authority with the following documents: (A) A statement from the military person's commanding officer or personnel officer that the military person is stationed in California on active duty as of the residence determination date, and (B) A statement that the student is a dependent of the military person and was claimed as a dependent for federal income tax purposes. (2) A student dependent qualifying under this exception shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident. This exception shall continue to apply even though the member of the armed forces whose dependent is a student in attendance is either (A) transferred on military orders outside of this state and continues to serve, or is (B) retired as an active member of the armed forces. (c) A student claiming application of Section 68075 of the Education Code shall provide the appropriate campus authority with a statement from the student's commanding officer or personnel officer stating that the assignment to active duty in this State is not for educational purposes. The student shall also produce evidence showing the date of assignment to California. (d) A student claiming resident status pursuant to Section 68078 of the Education Code shall provide the appropriate campus authority with a statement from the employer showing employment by a school district in a full-time position requiring certification qualifications for the academic year in which the student enrolls. The student must also show that he or she holds a provisional credential and will enroll in courses necessary to obtain another type of credential authorizing service in the public schools, or that the student holds a credential issued pursuant to Section 44250 of the Education Code and is enrolled in courses necessary to fulfill credential requirements or is enrolled in courses necessary to fulfill the requirements, of the fifth year of education prescribed by subdivision (b) of Section 44259 of the Education Code. (e) A child, natural or adopted, or a spouse of a deceased California resident who, at time of death, was employed by a public agency whose principal duties for that agency were active law enforcement service or active fire suppression and prevention and who was killed in the performance of active law enforcement or active fire suppression and prevention duties or who died as a result of an accident or an injury caused by external violence or physical force, incurred the performance of active law enforcement or active fire suppression and prevention duties, claiming exemption from tuition pursuant to Section 68120 of the Education Code shall provide the appropriate campus authority with documentary evidence showing: (1) Legal relationship to deceased; (2) California residence of deceased at time of death; (3) Deceased was employed by a public agency at time of death; (4) Principal duties of deceased at time of death were active law enforcement service or active fire suppression and prevention service; (5) Principal duties of deceased were not clerical; and (6) Deceased was killed on duty as a result of an accident or an injury caused by external violence or physical force incurred in the performance of his or her active law enforcement or active fire suppression and prevention duties. The appropriate campus authority may request evidence to establish any other fact reasonably necessary to determine eligibility for exemption from tuition. (f) Any minor or eighteen-year-old student claiming application of the care and control exception pursuant to Section 68073 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to, evidence of living for two years with, and under the direct care and control of, an adult or adults, other than a parent, and evidence of domicile of such adult or adults. Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Sections 68071, 68073, 68074, 68075, 68078 and 68120, Education Code.Authority cited: Sections 68044 and 89030, Education Code. Reference: Sections 68071, 68073, 68074, 68075, 68078 and 68120, Education Code. s 41906.5. Nonresident Tuition Exemption for California High School Students. (a) Any student, other than a student who is nonimmigrant alien under Title 8, United States Code, Section 1101(a)(15), shall be exempt from paying nonresident tuition at any California State University campus if he or she: (1) Attended high school in California for three or more years. (2) Graduated from a California high school or attained the equivalent of such graduation; and (3) Registered for or enrolled in a course offered by a California State University campus for any term commencing on or after January 1, 2002. (b) Any student seeking an exemption under subdivision (a) shall complete a questionnaire furnished by the California State University campus of enrollment verifying eligibility for this nonresident tuition exemption and may be required to provide verification documentation in addition to the information required by the questionnaire. Nonpublic student information so provided shall not be disclosed except pursuant to law. (c) In addition to the requirements of subdivision (a), any student without lawful immigration status shall file with the California State University campus an affidavit of enrollment on a form furnished by the campus stating that he or she has filed an application to legalize his or her immigration status or will file such an application as soon as he or she is eligible to do so. (d) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of this section. (e) Nothing herein modifies eligibility standards or requirements for any form of student financial aid. Note: Authority cited: Sections 68130.5 and 89030, Education Code. Reference: Section 68130.5, Education Code. s 41907. Residence Classification Procedures. Residence classification of new and returning students, of students requesting reclassification, and of other students as to whom a reclassification may be necessary shall be made for each term at each campus of the California State University commencing at the time processing is commenced on applications for admission or readmission. Classifications shall be based on evidence presented in, and supporting, applicants' answers to uniform residence questionnaires and supplemental residence questionnaires approved by the Chancellor, such further evidence of residence deemed necessary by the institution, and such further evidence of residence as the applicant submits. Applicants answering their residence questionnaires and supplemental residence questionnaires in California shall be required to certify them under penalty of perjury or certify them under oath before an employee of the Trustees authorized by the Chancellor at each institution to administer such oaths. Applicants answering their residence questionnaires outside of California shall be required to certify them under oath before a person authorized to administer oaths under the laws of the political entity where the oath is to be administered. Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68044, Education Code. s 41908. Appeals. Any student, following a final campus decision concerning the student's residence classification, may make written appeal to the Office of General Counsel in the Chancellor's Office within 120 calendar days of notification of the final campus decision. The Office of General Counsel may decide the issue, or it may send the matter back to the institution with instructions for a further review. Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68044, Education Code. s 41909. Exceptions from One-Year Waiting Period. s 41910. Employee Exception. A student who is a full-time employee of the Trustees or of any state agency or a student who is a child or spouse of a full-time employee of the Trustees or of any state agency shall be entitled to classification as a resident for tuition purposes until he or she has resided in California the minimum time necessary to become a resident. This section does not apply to student assistants or employees who work all year on a part-time basis, or full time on a less than annual basis. For purposes of this section, "employee of any state agency" is limited to a person employed by the State of California who is assigned to work outside of the state. Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68079, Education Code.Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68079, Education Code. s 41911. Agreements of Other Institutions. Notwithstanding any regulations or rules of governing boards or district governing boards of community colleges, agreements entered into by such governing entities pursuant to Education Code Section 68131 shall have no effect on residence classification for tuition purposes, nor on the obligation to pay non-resident tuition, in the California State University. Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68131, Education Code. s 41912. Tuition Determinations. The Chancellor may establish procedures for the making of, and where appropriate make, all determinations authorized by the Education Code with respect to applicability, exemptions, and waivers of non-resident tuition and fees. Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68044, 68121, 68123, 68124, 68130, 68131, 89705, 89706, 89707 and 89710, Education Code. s 41913. Refund of Nonresident Tuition. Note: Authority cited: Sections 66600, 68051, 89030 and 89035, Education Code. Reference: Sections 68051 and 89705, Education Code. s 41914. Change of Program. (a) Registering for Additional Units During a Term. Any nonresident student, who registers for additional units during the semester, academic year quarter, or academic summer quarter shall pay the established fee for each unit or fraction of a unit so added. (b) Dropping Units During Term. A nonresident student may upon application made within the time limits specified in Section 41913 receive a refund in the amounts listed in that section for any unit or fraction of a unit dropped with the consent of the campus during a semester, academic year quarter, or academic summer quarter. Note: Authority cited: Sections 66600, 68051, 89030 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code. s 41915. Adult Aliens. An adult alien may establish a residence unless he or she is precluded by the Immigration and Nationality Act from establishing domicile in the United States. The alien must present documentation to the appropriate campus authority verifying his or her immigration status. Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68062(h), Education Code. s 41916. Minor Aliens. A minor alien shall be entitled to a resident classification if (1) both the student and the student's parent(s) are not precluded by the Immigration and Nationality Act from establishing domicile in the United States and (2) the parent(s) have established a residence in California more than one year prior to the residence determination date. Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68062(i), Education Code. s 42000. Definitions. Unless the context otherwise requires, the definitions hereafter set forth shall govern the construction of Articles 5 and 6 of this Subchapter. (a) Licensee. Licensee means any student or other person who has executed a license and who has been granted permission to use a housing facility for a fee period. Where the context requires it, the term licensee also means any student or other person who has a reservation for a housing facility. (b) License. License means the document approved by the president which grants permission to use a housing facility and which contains the terms and conditions upon which such use is permitted. The license shall have imprinted thereon the words, "The use of housing facilities is subject to Articles 5 and 6 of Subchapter 5 of Chapter 1 of Part V (Sections 42000 through 42103) of Title 5 of the California Administrative Code." (c) Campus. Campus means any campus issuing licenses to students or other persons for the use of housing facilities. (d) Housing Facility. Housing facility includes, but is not limited to, any individual or group living unit in a state owned or operated residence hall, family dwelling, apartment, trailer or trailer space which is operated under the authority of Sections 90000-90002 or Section 90012 of the Education Code. (e) President. President means the campus president or his or her authorized representative or representatives. (f) Student. Student means any individual currently enrolled in six (6) or more semester units of instruction, or an equivalent number of quarter units of instruction, in the regular program of the campus where the housing facility is located or any individual currently enrolled in one or more courses during a special session of such campus provided enrollment is during the summer. (g) Fee Period. Fee period means a period for which a license is granted and may extend for an academic year, semester, quarter, or other period or session established by the president. (h) License Fee. License fee means the consideration required of a licensee for the right to use a campus housing facility for a fee period. (i) Service Fee. Service fee means a non-refundable fee required of a licensee to cover the added costs incurred in collecting and processing a license fee by installments. (j) Late Fee. Late fee means a payment required of a licensee who fails to pay any fee when due. (k) Advance Payment of Fees. Advance payment of fees means the receipt by the president of the license fee and any security deposit or service fee from a licensee on or before the first day of the fee period or due date of any payment by installment. (l) Reservation. Reservation means a confirmation by the president, upon receipt of the designated advance payment of fees, that a housing facility will be made available in accordance with this Article. (m) Cancellation. Cancellation means the termination of a reservation by the licensee as provided in this Article, prior to the beginning of the fee period. (n) Vacating. Vacating means the termination of a license by the licensee as provided in this Article, on or after the beginning of the fee period. (o) Revocation. Revocation means the termination of a reservation or license by the president as provided in this Article, whether before, on, or after the beginning of a fee period. (p) Visitor. Visitor means any person permitted by the licensee or president to visit a housing facility. (q) Guest. Guest means any person, including a visitor but other than a licensee, who is permitted by a licensee or the president tomake use of any housing facility. Such use shall be deemed to mean the use of any housing facility for sleeping or bathing purposes. (r) Guest Fee. Guest fee means the consideration required of a guest for the use of a campus housing facility. (s) Administrative Necessity. Administrative necessity exists when any condition not reasonably foreseen at the time of confirming a reservation, issuing a license, or renewing a license occurs and prevents the campus from making or continuing to make a housing facility available to the licensee. Such conditions shall include, but not be limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder; compliance with state or federal law; or interruption of basic services because of labor strife. Such conditions shall also include a drop in the rate of cancellations not reasonably foreseen by the campus, if such drop results in an overbooking of available housing facilities. (t) Shall and May. The word "shall" means that the action is mandatory. The word "may" means that the action is permissive. Note: Authority cited: Sections 66600, 89030, 89035, and 90012, Education Code. Reference: Section 90000, Education Code. s 42001. License. Each licensee shall sign the license on or before the beginning of the fee period. Any licensee who is a minor shall have his or her parent or guardian sign the license as a guarantor. When reasonably necessary, the president may require a guarantor for other licensees. The campus shall retain the license and a copy of the terms and conditions thereof shall be provided to the licensee. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42002. Assignment of Priority. Students of a campus shall have first priority to use housing facilities of that campus. The president may permit others, including groups as authorized by Section 42003, to use such facilities only when student demand is insufficient to fill all campus housing facilities. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42003. Special Group Arrangements. Housing facilities may be made available to groups, provided a representative authorized to do so executes an appropriate agreement on behalf of the group, which agreement shall set forth the fee established by the Chancellor to be charged of such groups. Any group may, at the discretion of the president, be excepted from the payment of a security deposit. A charge in addition to the fee established by the Chancellor pursuant to Section 42004 may be made by the campus of groups to cover additional costs whenever the group requires additional services, materials, goods, or special supervision. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42004. Schedule of Fees. All fees authorized by this Article shall be charged in accordance with a schedule of fees periodically established by the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42005. Approved Guests. (a) Guests of a Licensee. Licensees shall secure such approval as is required by the president prior to inviting any person to be a guest of the licensee. The president may charge a guest fee of any guest for the first two days of housing facility use per calendar month and shall charge a guest fee of all guests for each day of such use in excess of two days per calendar month. (b) Guests of a Campus. Guests of a campus shall be charged fees in accordance with the schedule of fees established pursuant to Section 42004. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42006. Non-Approved Guests. Non-approved guests of a licensee shall be charged a fee established pursuant to Section 42004 of this Article. If a licensee knew or should have known that one of his or her invites would make use of a housing facility and failed to secure approval of the president prior to such use, that licensee shall be jointly and severally liable for the fee charged of such guest. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42007. Licensee's Responsibility for Conduct of Visitors and Guests. A licensee shall be jointly and severally liable with guests or visitors of such licensee for all negligent or intentional damage to any housing facility caused by such guests or visitors. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42008. Advanced Payment of Fees. Except as authorized by Section 42010, all fees are due and payable in advance. A late fee shall be charged of a licensee who fails to pay any fee when due. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42009. Installment Payments. A president may permit a licensee to pay license fees in installments, provided each installment is paid in advance of the period covered by the installment, and provided further that the licensee pays the service fee established pursuant to Section 42004. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42010. Deferment of Fee Payment. A resident may defer payment of license fees for licensees who are able to demonstrate that they will receive federal, state, or other financial aid and that such aid will be distributed to the licensee subsequent to the beginning of the fee period. A demonstration of this kind shall include appropriate verification by the campus financial aid office. The Chancellor shall establish terms and conditions for the administration of this section. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42011. Failure to Pay Fees. Except as authorized by Section 42010, any licensee who fails to pay all fees in advance shall have his or her license revoked as of the last day covered by any prior license fee. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42012. Termination of Use of the Facility. Every licensee shall vacate the housing facility used by that licensee on the expiration of the license period, or upon termination of his or her license to use the facilities, whichever is sooner. Any licensee who does not vacate the housing facility as required by this section shall be evicted therefrom in the manner provided by the laws of the State of California for the eviction of a licensee whose license has been terminated. The matter shall be referred either to a small claims court with jurisdiction over such matters or to the Attorney General of the State of California for appropriate legal action. Any property of the licensee remaining in the housing facility may be removed without force and stored by the campus at the expense and risk of the licensee. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42013. Revocation of Reservation or License. A president may revoke a reservation or license for the following reasons: (a) Disciplinary action taken against the licensee pursuant to Sections 41301- 41304 of Article 2 of Subchapter 4 of this Chapter; (b) Because of administrative necessity of the campus; (c) Licensee's failure to maintain status as a student (other than pursuant to discipline); (d) Licensee's breach of any of the terms and conditions of the license, including failure to pay required fees. Whenever the president revokes a reservation or a license, he or she shall give the licensee reasonable notice of the revocation. Notice of revocation of a license shall be served in the manner prescribed by Section 1162 of the Code of Civil Procedure. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42014. Security Deposits. A licensee may be required to pay a refundable security deposit. The purpose of the security deposit is to assure the campus that the facility will be occupied by the licensee for the fee period, that all housing fees will be paid, that no damage or loss of property or extraordinary wear will occur and that the housing facility will be left in a reasonably clean condition. The Chancellor shall determine, on a campus-by-campus basis as recommended by the president, whether or not a security deposit will be charged of licensees and, if so, the amount of such deposit. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42015. Cancellation of Reservation. If written notice of cancellation of a reservation for a housing facility is received by the president at least 30 days prior to the beginning of the fee period, the reservation and any license shall be canceled. If a licensee requests to cancel a reservation less than 30 days prior to the beginning of the fee period, the request shall contain the reasons therefor. The president, using the standards established pursuant to Section 42017 of this Article, may grant or deny the request to cancel. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42016. Notice of Vacating. Any licensee who requests to vacate a housing facility shall give at least 30 days' written notice of intention to vacate and the reasons therefor. The president, using the standards established pursuant to Section 42017, may grant or deny the request to vacate. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42017. Acceptance of Request to Cancel or Vacate. The president shall identify in the license reasonable standards that he or she will apply in determining whether to grant or deny a request to cancel a reservation less than 30 days prior to the beginning of the fee period or a request to vacate. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42018. Waiver of Notice. Any notice period described in Sections 42015, 42016, or 42019 shall be waived by the president when the reason for the cancellation, vacating, or withdrawal is due to a cause beyond the control of the licensee and the specified notice could not otherwise have been given. The president shall determine whether such cause exists, and his or her determination shall be final. Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42019. Cancellation, Vacating, or Revocation -Obligation of the Licensee. The following table indicates the obligation of the licensee (as specified in Subsection C of this Section 42019) under conditions of cancellation, vacating or revocation. Amount of Obligation A. Prior to beginning of fee period. 1. Request by licensee to cancel reservation. a. with 30-day notice ........................................... 1 b. with less than 30-day notice 1) president waives notice ................................... 1 2) president does not waive notice but does grant request to cancel .............................. 3 3) president does not waive notice and does not grant request to cancel .......................... 2 2. Revocation of reservation by the president, all instances ................................................... 1 B. On or after beginning of fee period 1. Request by a licensee to vacate a. with 30-day notice 1) president approves the request ............................ 3 2) president denies the request .............................. 4 b. with less than 30-day notice 1) president approves the request and waives notice ............................................. 5 2) president approves the request but full notice ............ 3 3) president denies the request .............................. 4 2. Revocation of license by the president. a. as a result of disciplinary pursuant to Sections 41301-41304 of Article 2 of Subchapter 4 of this Chapter ................................. 4 b. because of administrative necessity. ......................... 5 c. because licensee is no longer a student (other than pursuant to discipline): 1) academically dismissed..................................... 5 2) all other withdraws: a) with 30-day notice of withdraw ............................... 3 b) with less than 30-day notice of withdraw (1) president waives notice .................................. 5 (2) president does not waive notice .......................... 3 d. breach of terms or conditions of the license, including nonpayment of fees ................................. 4 C. Amount of obligation to the licensee. 1. Licensee has no financial obligation other than the non-refundable service fee. 2. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license. 3. Except as provided in Subsection D of this Section, licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period, through the end of the required notice period, plus any charge authorized by Section 42021 of this Article. 4. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license, plus any charge authorized by Section 42021. 5. Licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period through the last day of occupancy, plus any charge authorized by Section 42021. D. Mitigation. The president shall minimize the obligation of a licensee by applying a prorated credit for each day during the fee period that the campus has been able to cover its damages. Factors to be considered in determining whether the campus has been able to cover its damages for purposes of this Subsection shall include, but not be limited to: (1) whether the president has been able to re-license the housing facility to someone else prior to the end of the fee period; (2) the amount of the fee at which the housing facility is re-licensed; and (3) the vacancy rate of the residence hall (or other state owned or operated dwelling) within which the housing facility is located. Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code. s 42020. Refund Policy. In instances of cancellation, revocation, or vacating, the licensee shall owe fees as provided in Section 42019 of this Article, regardless of whether the licensee ever assumed actual occupancy and regardless of whether a licensee who has assumed actual occupancy moves out of the facility prior to the designated period of obligation. The campus shall refund all money collected in excess of such obligation as soon as reasonably possible. Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code. s 42021. Offset Against Refunds. Any refunds authorized by this Article shall be offset by the cost of restoring damaged or lost or destroyed property, normal wear and tear excepted, and by the added cost of cleaning a housing facility that has not been left in a reasonably clean condition. Such offset shall be applied first to the security deposit, and should that deposit be insufficient, the offset will be applied to any prepaid license fee. Should both the security deposit and prepaid license fee be insufficient to cover these costs, the licensee shall promptly pay for the difference. Prior to exercising an offset pursuant to this section the president shall notify the licensee of the basis for the proposed action and afford the licensee an opportunity to question the process. Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code. s 42022. Fees Collected in Error. Notwithstanding any other provision of this Article, a campus shall refund all fees collected in error. Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code. s 42023. Collection of Miscellaneous Fees. The president may collect membership fees on behalf of housing clubs or organizations and may disburse such membership fees to the club or organization, provided that membership in such club or organization is voluntary. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42024. Amendment to Regulations. The terms and conditions under which a licensee occupies assigned housing facilities are subject to change or modification as effected by amendment to these regulations. Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code. s 42100. Required Purchase of Meals. A president may require all licensees to purchase meals at specified campus food service facilities. If a licensee shows good cause, the president may excuse the licensee from purchasing meals at facilities on the campus. Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code. s 42102. Payment of Fees. Payment of meal fees shall be made in the same fashion as payment of the license fee pursuant to Article 5 of this Subchapter. Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code. s 42103. Disposition of Fees Collected. Campus food services may be offered through the Dormitory Revenue Fund or through contract with an appropriate campus auxiliary organization or food servicing enterprise as determined by the Chancellor, in consultation with the president. A campus may collect fees for such services in accordance with Section 42102 of this Article and may place such fees in the Dormitory Revenue Fund or disburse such fees to the appropriate campus auxiliary organization or food service enterprise. Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Sections 89901 and 90074, Education Code. s 42200. Driving and Parking Vehicles on Campus Property. No person shall drive any vehicle, nor shall any person stop, park, or leave standing any vehicle upon the driveways, paths, parking facilities or grounds of any campus, except with the permission of the president of the campus, and then subject to the following limitations and conditions: (a) The president of the campus shall designate the driveways on the campus under his or her direction which shall be open to public traffic and shall place appropriate signs indicating the time and the conditions under which said driveways may be used. (b) The president of the campus shall designate, subject to the limitations and conditions in subdivision (c), the areas on the campus set aside for the parking of automobiles by students, by employees of the campus, and by the general public. Appropriate signs indicating the time and the conditions under which the parking of automobiles is permitted in the areas so designated shall be placed at or near such parking areas. (c)Vehicles displaying a valid campus parking permit and a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles, or by the appropriate authority of another state, issued for a vehicle registered to a disabled person or a vehicle used primarily to transport a disabledperson, shall be allowed to park for unlimited periods in any of the following areas: (1) In any area designated by the president pursuant to subdivision (b) including areas reserved for employees of the campus excluding any area for which parking is prohibited for all vehicles or parking is reserved for police, emergency, service, or other such special vehicles. (2) In any metered parking space without being required to pay a parking meter fee. Note: Authority cited: Sections 67311.5, 89030, 89031, and 90012, Education Code; and Section 21113, Vehicle Code. Reference: Sections 67311.5, 89030, 89031, 89701, and 90012, Education Code; and Section 21113, Vehicle Code. s 42201. Campus Parking Fees. (a) Permission of the president of a campus to stop, park or leave standing a vehicle on property of a campus may be granted to persons who have paid a parking fee or have been granted a parking fee waiver subject to the limits and conditions in subsection (b)(6). The fee and refund of the fee shall be in accordance with schedules approved by the Trustees. Proportionate charges shall be made for lesser periods or occasional use of parking areas. Payment of prescribed parking fees by deposit of coins in mechanical devices provided by the campus shall constitute compliance with this section. Evidence of compliance with this section shall be demonstrated by display in plain view on each vehicle of a valid parking permit or by other means prescribed by the president. The president of the campus shall provide parking fee financial assistance to any student with disabilities who has demonstrated financial need according to the need analysis procedure for campus based financial aid authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. s 1087kk et seq.), and who possesses a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles or by the appropriate authority of another state, and who requests such assistance. The president shall establish procedures for meeting such need by providing financial aid or by issuing a campus parking fee waiver. (b) The payment of a fee shall not be required of: (1) Persons stopping or parking a vehicle when necessary to avoid conflict with other traffic or in compliance with a traffic control signal device or the direction of the Campus Police or a Campus Police Officer in the control of traffic; (2) Persons, not employed by the campus, visiting the campus for the purpose of transacting state business with the campus; (3) Persons stopping or parking a vehicle temporarily in areas designated by the campus for the purpose of loading or unloading merchandise or picking up or discharging passengers; (4) Persons temporarily stopping, parking, or leaving a vehicle where such vehicle is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle on said property; (5) Occupants of residence halls constructed under the State College Revenue Bond Act of 1947 to whom parking facilities have been assigned pursuant to Section 42202. (6) Students with disabilities who possess a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles or by the appropriate authority of another state, and who have demonstrated financial need for parking fee financial assistance as determined by the campus president according to the need analysis procedure for campus based financial aid authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. s 1087kk et seq.), and have received a campus parking fee waiver. Note: Authority cited: Sections 89030, 89700, 89701 and 90012, Education Code. Reference: Sections 89701 and 67311.5, Education Code. s 42202. State College Revenue Bond Parking Facilities. (a) To the extent available, parking facilities constructed prior to July 1966 under the State College Revenue Bond Act of 1947 are to be assigned to occupants of the residence halls constructed under the act on a first come first served basis. If any spaces are unassigned to such occupants, they may be made available to students and other persons. All users of such spaces shall pay a parking fee. Such fees shall be in accordance with the schedules of fees approved by the Trustees and shall be in amounts not less than those required by the provisions of any indenture issued or resolution adopted pursuant to that act. Proportionate charges shall be made for lesser periods or occasional use of parking areas. (b) Payment of prescribed parking rental by deposit of coins in mechanical devices provided by the campus shall constitute compliance with this section. Evidence of compliance with this section shall be demonstrated by display in plain view on each vehicle of a valid parking permit or by other means prescribed by the president. Note: Authority cited: Sections 66600, 89030, 89035, 89700, 89701 and 90012, Education Code; and Section 21113, Vehicle Code. Reference: Sections 66600 and 89030, Education Code. s 42203. Headquarters Parking. As used in Sections 42200 and 42201 of this Article the terms "campus" or "any campus" include the Headquarters of The California State University and the term "president" includes the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035, 89700, 89701 and 90012, Education Code; and Section 21113 Vehicle Code. Reference: Sections 89700 and 89701, Education Code; and Section 21113, Vehicle Code. s 42300. Determination of Beneficial Nature of Gift and Acceptance. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89720, Education Code. s 42301. Notice of Acceptance and Declaration of Benefit. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89720, Education Code. s 42350. Definitions. As used in this Article the following definitions apply: (a) "Sale," "selling" or "purchasing" mean an activity creating an obligation to transfer property or services for a valuable consideration. (b) "Commercial solicitation" means any direct and personal communication in the course of a trade or business reasonably intended to result in a sale. (c) "Solicitation" means to importune, or endeavor to persuade or obtain by asking, but does not include "commercial solicitation." (d) "Private sale" means occasional selling between persons who are campus students or employees. (e) "Commercial transaction" means selling or purchasing or both selling and purchasing by any person in the course of employment in, or in the carrying on of, a trade or business. (f) "Campus president" means those persons referred to in Section 42355 and includes their designees. Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code. s 42350.1. Commercial Transactions. (a) Commercial transactions and the display of property or services for sale on a campus is prohibited except with written permission by the campus president. Such permission shall be granted if (i) the proposed activity aids achievement of the educational objectives of the campus, does not unreasonably interfere with the operation of the campus and is not prohibited by law, or (ii) the prospective buyer has agreed in writing in advance to an appointment, and the prospective seller makes no more than one appointment for any day, and such appointment does not interfere with the operation of the campus. (b) This section shall not apply to private sales. Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code. s 42350.5. Solicitation. (a) Solicitation shall be permitted on a campus subject, however, to a reasonable regulation by the campus president as to time, place and manner thereof. Solicitation in violation of established campus directives regarding time, place and manner is prohibited. (b) All directives issued by the campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354. Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code. s 42350.6. Commercial Solicitation. (a) Commercial solicitation on a campus is prohibited unless prior written authorization has been obtained from the campus president. Permission for commercial solicitation shall be granted by the campus president subject, however, to regulation as to time, place and manner thereof, unless such solicitation for sale would be in violation of law. (b) Sites available to marketers of student credit cards shall be limited and registered with the campus administration. Those marketers shall be prohibited from offering gifts to students for filling out student credit cards applications. As used in this section, "student credit cards" shall have the meaning in Civil Code section 1747.02(m). (c) All directives issued by the campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354. Note: Authority cited: Sections 89030 and 89031, Education Code. Reference: Sections 89031 and 99030, Education Code. s 42351. Selling of Published Materials. (a) Except in the case of private sales and commercial transactions to which Section 42350.1 applies, the selling or displaying for sale of any books, newspapers, pamphlets and other published materials shall be permitted on campus provided: (i) such published materials are not available for sale at the campus bookstore, and (ii) the selling or display of such published materials is conducted in compliance with any time, place and manner directives adopted by the president, and (iii) the published materials displayed or offered for sale are not in violation of the provisions of Chapter 7.5, Title 9, Part 1 (commencing with Section 311) of the Penal Code (relating to the sale and distribution of obscene matter), or of Chapter 6, Title 3 (commencing with Section 66400) of the Education Code (relating to the preparation, sale and distribution of term papers, theses and other materials to be submitted for academic credit). (b) Selling or displaying for sale of published materials in violation of subsection (a) is prohibited. Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code. s 42352. Handbills and Circulars. (a) No person or persons shall, upon any of the grounds of any campus cast, throw, deposit, or distribute any advertising handbills or circulars which contain false, misleading, or illegal advertising. (b) The distribution of written or printed matter shall be permitted on campus, subject, however, to reasonable directives by the campus president as to the time, place and manner thereof. All directives issued by a campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354. Distribution of written or printed matter in violation of established campus directives regarding time, place and manner is prohibited. Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code. s 42353. Public Meetings, Performances, Rallies and Similar Events. (a) The president of the campus may permit the use of campus buildings and grounds for public meetings, performances, rallies and similar events held in accordance with reasonable directives issued by the respective campus president as to the time, place and manner thereof. Any such event occurring on campus in violation of established campus directives regarding time, place and manner is prohibited. (b) All directives issued by a campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354. Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code. s 42353.1. Bicycles, Skateboards, Roller Skates, and Animals. (a) The president of the campus may permit forms of transportation on the campus in accordance with reasonable directives issued by the campus president. No person shall use forms of transportation upon the campus driveways, pathways, parking facilities or grounds except in accordance with directives issued by the campus president. The campus president may designate the campus areas that shall be open to use of forms of transportation, and shall place appropriate signs indicating the time and the conditions for their use. "Forms of transportation," shall include bicycles, motorized bicycles, scooters, motorized scooters, skateboards, roller skates including inline skates, and other forms of transportation that are not motor vehicles. (b) No person shall bring an animal onto the grounds or into the buildings of a campus except in accordance with directives issued by the campus president. The president of the campus may permit animals on campus in accordance with reasonable directives issued by the campus president. The president shall consider such factors as the safety of the campus community, cleanliness of the buildings and grounds of the campus, and the needs of the animal's owner as in the case of service animals. Note: Authority cited: Sections 89030 and 89031, Education Code; and Section 21113, Vehicle Code. Reference: Section 89031, Education Code; and Section 21113, Vehicle Code. s 42354. Notice. Notice shall be posted at or near the principal entrances of each campus calling attention to the existence of regulations relating to use of CSU buildings and grounds and designating the places where copies thereof and of directives issued by the campus president pursuant thereto may be examined. Note: Authority cited: Sections 89030 and 89031, Education Code. Reference: Section 89031, Education Code; and Section 21113, Vehicle Code. s 42355. Headquarters. As used in Sections 42350 through 42354 of this Article and where appropriate the terms "campus" or "any campus" include the Headquarters of The California State University and the terms "President" or "President of the campus" include the Chancellor. Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code. s 42356. Smoking on Campus. The president of each campus and the Chancellor for the headquarters office may adopt rules regulating smoking on the campuses and property of the California State University. The regulation shall seek to mitigate exposure to second hand smoke. Notice shall be posted at or near the principal entrances of each campus or property calling attention to the existence of the rules. Note: Authority cited: Sections 89030 and 89031, Education Code. Reference: Section 89031, Education Code; and Sections 19994.30et seq., Government Code. s 42375. Care, Restitution, Sale or Destruction of Lost Property. The Chancellor or his designee may provide for the care, restitution, sale or destruction of unclaimed, lost or abandoned property in the possession of any campus in accordance with California Civil Code Section 2080.9. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 2080.9, Civil Code. Reference: Section 2080.9, Civil Code. s 42376. Proceeds of Sale. Money received by reason of a sale pursuant to Section 42375 shall be used for scholarships and loans to students enrolled at the campus at which such sale is held. Criteria of eligibility and procedures for the award of such scholarships and loans shall be established by the campus at which the award is made. While held pending the grant of a scholarship or loan, such money may be invested by the State Treasurer upon approval of the Chancellor or designee, in those eligible securities listed in Section 16430 of the Government Code, in which event all interest or other earnings received pursuant to such investment shall also be used for such scholarships and loans. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 2080.9, Civil Code. Reference: Section 2080.9, Civil Code. s 42380. Debts Owed California State University. As used in this Article 11, a "debt" is an unpaid obligation of a student or former student, however incurred, arising while the debtor was a student, for loans, services, use of facilities or equipment, materials, food, or merchandise furnished to the student by the California State University. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42381. Withholding of Services for Non-Payment of Debts. The Chancellor may authorize a president of a campus, or designee, to withhold permission to register, to use facilities for which a fee is authorized to be charged, to receive services, materials, food or merchandise, or any combination of the above from any person owing a debt as defined in Section 42380. The Chancellor is authorized to establish and from time to time revise procedures for the implementation of this Section. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42390. Rules and Procedures of State College Special Projects Fund. The Chancellor shall establish rules and procedures under which the State College Special Projects Fund shall operate. The Chancellor may delegate to the Presidents authority with respect to the operation of research, workshops, conferences, institutes, and special projects, all under the State College Special Projects Fund, on their campuses. The Chancellor shall report to the Board on procedures issued or revised pursuant to this Section. Note: Authority cited: Sections 66600, 89030, 89035 and 89725, Education Code. Reference: Section 89725, Education Code. s 42395. Rules and Procedures for Emergency Meeting of the Board of Trustees. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 11125(a), Government Code.Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 11125(a), Government Code. s 42396. Privacy. The Board of Trustees recognizes that the right of privacy is an inalienable right protected by Section 1, Article 1 of the California Constitution. To confirm past practices with respect to this right and to further implement this right within and throughout the California State University, the Trustees have adopted this Article. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42396.1. Definitions. The following definitions shall apply to this Article: (a) The phrase "personal information" means any record of information which is retrieved by the name of a person or by some identifying particular assigned to the person. (b) The term "person" means a natural person. (c) The term "system" means an official file or collection of files containing personal information. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42396.2. Principles of Personal Information Management. The following principles of personal information management shall be implemented within The California State University: (a) There should be no personal information system the existence of which is secret. (b) Personal information should not be collected unless the need for it has been clearly established in advance. (c) Personal information should be appropriate and relevant to the purpose for which it has been collected. (d) Personal information should not be transferred outside The California State University unless the transfer is compatible with the disclosed purpose for which it was collected. (e) Personal information should be used as a basis for a decision only when it is accurate and relevant. (f) There should be procedures established by which a person may learn what personal information about him or her has been retained by The California State University and where lawful, have those records disclosed to him or her, pursuant to the provisions of this Article. (g) There should be established within The California State University procedures by which a person may request in writing addition to or deletion of personal information about himself or herself which does not meet the principles in this section. Such requests should be honored within a reasonable length of time or the person should be permitted to file a concise statement of dispute regarding the personal information which shall become a permanent part of the record, or, the disputed personal information should be destroyed. (h) Precautions should be taken to prevent the unauthorized access to or use of personal information retained by The California State University. These principles shall be construed and implemented so as to be consistent with all federal and state laws otherwise regulating or allowing for the use of personal information, including but not limited to Education Code Section 89546 relating to employee records and Education Code Sections 67000-67147.5 relating to student records. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42396.3. Exemptions. No provision of this Article shall be construed to require access to records that are exempted or privileged from disclosure by state or federal law. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42396.4. Administrative Implementation. This Article shall be implemented by the Chancellor. The Chancellor may establish policies and procedures to administer the use of personal information by The California State University. Appropriate consideration shall be given to the impact such implementation, policies and procedures will have upon budgetary and administrative limitations affecting The California State University. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42396.5. Continuing Review of Information Management Practices. The Chancellor shall establish appropriate policies and procedures to review on a regular and continuing basis the coordination and use of information within the California State University. The results of this review will be made known regularly to the Chancellor for appropriate consideration. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code. s 42397. Purpose. Campus alumni organizations aid the California State University in achieving its goals by providing leadership in fostering participation and support of campus priorities and representing alumni interests. As a public trust and the beneficiary of the support provided by alumni associations, the trustees are obligated to require that the funds raised by alumni associations be properly controlled and expended. Consequently, it is the intent of the trustees (1) to develop policies and procedures governing the recognition and management of alumni organizations, including the use of funds and institutional resources and, (2) to ensure cooperative and collaborative efforts between the alumni organizations and the campuses. To accomplish this, the campus president has the responsibility of granting and periodically reviewing recognition of a campus alumni association. These provisions govern the relationship between the alumni association and the campus it supports. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.1. Recognition. (a) A campus president, by agreement between the campus and the organization, may recognize as the campus alumni association a single campuswide organization that has the following characteristics: (1) is organized and operated solely for the benefit of the university and its alumni; (2) has as its purpose providing service and support to its members, the alumni of the campus, and to the university; (3) does not restrict membership or benefits of membership on the basis of race, religion, national origin, gender, physical disability or sexual orientation; (4) recognizes the unique role of the campus president in setting campus priorities; (5) is the umbrella organization for the constituency alumni groups of the campus; and (6) irrevocably dedicates its assets for the benefit of a campus of the California State University. In the event of the association's dissolution, its assets shall be transferred to the campus or an auxiliary organization designated by the campus president for purposes consistent with the purposes of the association and the terms of the individual gifts that are part of the assets, and, if a corporation, in conformance with the California Nonprofit Corporation Law. (b) Each recognized alumni association shall enter into an agreement with the campus that shall include the following: (1) the provisions of this article shall be incorporated by reference; (2) the exchange of value between the campus and the alumni association shall be expressed and may include provision of facilities and other tangible as well as intangible exchanges; (3) a license agreement for use of the campus name and symbols; (4) authority and responsibility with regard to use of the campus alumni database; and (5) the term of the agreement. In addition, the agreement may include other provisions unique to each campus and alumni association such as the following: (6) financial management and record keeping arrangements between the parties; (7) provisions for the construction and operation of an on-campus alumni center; (8) provisions for use of alumni association name and symbols; and (9) such other provisions that may pertain to the relationship between the campus and the alumni association. (c) Compliance with this article and the agreement between the campus and the alumni association is a condition of continued recognition. A copy of this article and the agreement shall be given to all members of the campus alumni association's governing body and to any new member of the governing body when the new member takes office. (d) To obtain and maintain recognition, the campus alumni association shall submit the following to the campus president or designee on an annual basis or otherwise as specified by the campus president: (1) a current list of officers, members of the governing body, and the principal contact person for the organization; (2) a statement of the organization's purpose and goals consistent with subsection (a) and copies of the current enabling documents of the organization (i.e., bylaws, constitution, articles of incorporation, or other governing document); (3) a current roster of names and addresses of donors and members, unless such records are otherwise maintained by the campus; (4) a statement signed by the officers/representatives of the organization that the governing body has read and formally voted that it will comply with this article and the agreement; (5) a copy of the organization's annual financial statements; (6) for an organization with accounts at a financial institution, a list identifying all such accounts, including the institution's name and address, the organization's account numbers, and a statement signed by an appropriate officer or representative of the organization authorizing the campus to obtain upon request from the financial institution information, records, or photocopies of transactions relating to the accounts; and (7) for an incorporated, tax-exempt organization, (A) a copy of the organization's state and federal tax-exempt status determination letter; (B) a copy of the organization's most recent Internal Revenue Service Form 990; and (C) a list of the types of activities, including fundraising and membership drives, the organization intends to undertake and how the organization intends to financially support these activities. (e) The following are among the privileges that may be granted by the campus president to a recognized campus alumni association: (1) use of the name of the campus and symbols, including the name of its mascot or other identifying marks that would cause the public to assume it is dealing with the university or a university recognized group; (2) use of the campus as approved by the campus president or designee in performance of an association's recognized activities; and (3) use of a campus auxiliary organization's investment services, as approved by the campus president or designee. (f) Under the authority of the campus president, the recognized campus alumni association may be assigned the responsibility of ensuring that all geographical and special interest chapters of the campus alumni association, as well as other recognized constituency alumni groups, are in compliance with this article. (g) After July 1, 2003, use of the campus name and symbols, including mascot or other identifying mark, by an organization that has operated as a campus alumni association, is prohibited unless the organization has been recognized by the campus as the campus alumni association under the provisions of this article. A campus alumni association that meets the criteria of this article and has been recognized as the campus alumni association shall not have that recognition withdrawn by the campus president except for material noncompliance with this article, after having been given an opportunity to correct the noncompliance. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.2. Organization. (a) A campus alumni association may be included as part of the university or an auxiliary organization or, if organizationally separate from the university or an auxiliary organization, shall obtain and maintain status as a tax-exempt organization under state and federal law. (b) The campus president or designee shall be anex officio voting or non voting member of the association's governing body. (c) Campus presidents are responsible for determining that campus alumni associations are in compliance with this article and have authority to require campus alumni associations to provide written evidence of compliance. (d) Campus presidents may, after consultation with the campus alumni association, establish additional written campus policies governing campus alumni associations consistent with this article. Copies of these policies and any amendments thereto shall be forwarded promptly upon their issuance to the Chancellor. (e) A campus alumni association shall comply with campus policies pertaining to use of the campus name and symbols. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.3. Fundraising. (a) Fundraising campaigns proposed by a campus alumni association shall be approved in advance in writing by the campus president or designee as provided in campus policy. Solicitations of membership dues do not require such advance approval and are not fundraising within the meaning of this article. All fundraising campaigns shall be coordinated through the campus development office. Campus alumni associations may accept gifts only if the associations comply with the financial policies of this article, including, for alumni associations separate from the state, maintaining state and federal tax-exempt status. Campus alumni associations shall acknowledge and thank donors who have made gifts in a manner consistent with campus development policies. (b) A campus alumni association shall advise donors that any restrictive terms and conditions attached to gifts for the campus are subject to campus approval. (c) All gifts for the benefit of a campus alumni association shall be reported by the association to the campus president or designee. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.4. Financial Activities. (a) Financial Control: Financial activities of a campus alumni association shall be administered and reported to its governing body in accordance with prudent business practices, generally accepted accounting principles, and this article. (b) State Funds: State Funds shall not be transferred to a campus alumni association. Payments for commensurate value received are permitted, but gifts or unrestricted grants are not. (c) Submission of Budget and Report of Expenditures: The campus alumni association shall submit its budget to the campus president for review at least 30 days prior to the commencement of the fiscal year. Within 180 days of the close of each fiscal year, the campus alumni association shall submit to the campus president a detailed report comparing budgeted to actual expenditures by fund source. Upon request, a campus alumni association shall submit to the president, within 30 days of such request, interim financial information. (d) Bonding and Insurance: The governing body of a campus alumni association shall make an express determination of the appropriateness, necessity, and amounts of any bonds for officers and staff members. General liability and directors' and officers' liability insurance also shall be obtained in amounts determined annually by the governing body to be reasonable, appropriate, and necessary. The insurance may be provided by a campus auxiliary organization. Any general liability insurance obtained by or on behalf of a campus alumni association shall name the campus as an additional insured. (e) Funds for Support of University Departments: Restricted funds received or unrestricted funds, including investment payout, allocated for support of campus departments or programs, shall be transferred at least annually to the campus, unless otherwise provided by the campus president, and shall be administered in accordance with campus policies and expended from campus department or program accounts. (f) Bank Accounts: Only the following expenditures for campus alumni association activities may be made from bank accounts: (1) payments for goods, facilities, and services including salaries of staff, if the goods, facilities, and services are in connection with official activities of the campus alumni association; (2) payments for audit, tax preparation, and legal fees; (3) payments to donors and members to refund contributions and dues as permitted by law, or to return overpayments pursuant to a donor's or member's request; (4) payments to other organizations of donations or other remittances made in error; (5) transfers to the campus or a campus auxiliary organization; (6) travel expenses reimbursement, scholarships, support of campus activities; and (7) legally appropriate payments from its bank account to support ballot measures beneficial to the university and endorsed by the trustees. (g) Disbursements: All disbursements on behalf of a campus alumni association shall be approved by an officer or employee designated by the governing body. The governing body of the campus alumni association shall specify an amount beyond which checks must bear the signatures of two persons designated by the governing body. (h) Financial Statements: Financial statements and expenditures by a campus alumni association shall be in accordance with campus policies, with detailed budgets approved by the campus alumni association's governing body. (i) Payments to University Employees: A campus alumni association shall not (a) directly or indirectly employ, (b) supplement the salary of, or (c) provide any consulting fees, loans, or perquisites to campus employees outside of established personnel policies and practices of the California State University. (j) Payments to Directors and Officers: Except for reimbursement for expenses incurred on its behalf, a campus alumni association shall not pay any salaries, consulting fees, loans, or perquisites to a campus alumni association director, officer, or volunteer without the campus president's prior written approval. (k) Deposit of Gifts to the Campus: Campus funds or gifts payable to the California State University shall not be deposited with or transferred to a campus alumni association. (l) Solicitation Literature: When a fundraising campaign has been approved by the campus president, a campus alumni association's solicitation literature shall make it clear when gifts are to be made payable to the campus alumni association. Each campus alumni association shall develop a procedure to document when gifts intended for it have erroneously been made payable to the campus and, when such documentation is provided, the campus may issue an exchange check to a campus alumni association. (m) Gift Expenses: If charges against gifts are to be made for costs of administering a gift to the campus alumni association, the campus alumni association shall include in its literature a statement to that effect. The charges shall be approved by the campus president and the campus alumni association's governing body, and the nature of such charges shall be disclosed in the campus alumni association's audited financial statement. (n) Report to Registry of Charitable Trusts and Statement of Domestic Nonprofit Corporation: Complete copies of the campus alumni association's annual report to the State Registry of Charitable Trusts and bi-annual Statement of Domestic Nonprofit Corporation shall be provided by the campus alumni association to the campus president, at the time the report or statement is filed. (o) Political Activities: No substantial part (as those terms are used in the Internal Revenue Code and regulations) of the activities of a campus alumni association shall attempt to influence legislation, or participate or intervene in any political campaign in support of or opposition to legislation. No part of those activities may be on behalf of any candidate for public office. However, advocacy on behalf of the campus is permitted if it is consistent with the legislative, budgetary, and electoral objectives of the university, pursued in coordination with the campus president, consistent with state law, the Internal Revenue Code and regulations, and in accordance with the articles and bylaws of the campus alumni association. (p) Conflicts of Interest: Business transactions involving the campus alumni association and the personal or business affairs of a director, officer, or staff member shall be approved in advance by the governing body. In addition, directors, officers, and staff members of a campus alumni association shall disqualify themselves from making, participating in making, or in any way attempting to use their official positions to influence a decision in which they have or would have a financial interest, as provided in Government Code Section 87100 and the definitions of the Political Reform Act and its implementing regulations, as if the director, officer, or staff member were a state employee. A financial interest exists if it is reasonably foreseeable that the decision will have a material financial effect on the director, officer, or staff member or his or her immediate family, or on any business entity in which a $2,000 or more investment is held; any real property in which a $2,000 or more interest is held; any source of income of $500 or more received within the past 12 months; any donor of gifts aggregating $250 or more received in the past 12 months; or any business in which a position of management is held. (q) Services to Constituency Alumni Groups: With the approval of the campus president or designee, a campus alumni association may provide to officially recognized constituency alumni groups the following, subject to the same conditions pertaining to the campus alumni association: cash management, disbursement, and accounting services; gift reporting; and, in appropriate cases, coverage under the campus alumni association's insurance policies, inclusion in the campus alumni association's financial statements, external audits and tax reporting, or use of the campus alumni association's tax identification number. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.5. Audit. (a) A campus alumni association shall permit the Chancellor, the university auditor, the campus president, and the campus internal auditor or designee to inspect and audit its books and records as well as those of its financial institution(s) as relates to the campus alumni association's account(s). In addition, a campus alumni association shall permit the university auditor and the campus internal auditor to review directly all bank account records. (b) A campus alumni association with annual gross revenues in excess of $1 million shall have an annual audit of its financial statements performed in accordance with generally accepted auditing standards and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee, by a certified public accountant selected by the alumni association. (c) A campus alumni association with annual gross revenues in excess of $500 thousand and less than $1 million shall have an annual review of its financial statements performed by a certified public accountant selected by the alumni association in accordance with standards for accounting and review services and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee. (d) A campus alumni association with annual gross revenues less than $500 thousand shall have its financial statements compiled by a certified public accountant selected by the alumni association in accordance with standards for accounting and review services and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee. (e) A campus alumni association whose assets and records are in the custody of an auxiliary organization shall present its financial position through supplemental schedules attached to the audited financial statement of the auxiliary organization in sufficient detail to fully represent the financial position and activities of the alumni association. These schedules shall be subjected to the same procedures as the auxiliary's statements and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee. (f) When completed, the campus alumni association's financial statements shall be furnished to the campus president or designee on the date designated by the campus president or designee. (g) A campus alumni association shall make its financial statements available upon request for public inspection within a reasonable period of time. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.6. Organization of Constituency Alumni Groups. (a) A constituency alumni group organized after the effective date of this article shall be organized within and as part of the campus alumni association. (1) A constituency alumni group representing a school, college, department, or other unit shall secure the endorsement of the school, college, department, or other unit. The administrative head of the represented unit or designee shall periodically review and provide advice concerning the planned activities of the constituency alumni group, and shall serve as anex officio voting or nonvoting member of the governing body of the constituency alumni group, if any, or of any executive or similar committee empowered to act for the governing body, if any, of the constituency alumni group. (2) A constituency alumni group, as part of the campus alumni association, shall comply with all applicable campus policies and campus alumni association policies. (b) A constituency alumni group separately organized prior to the effective date of this article shall be organized within and become a part of the campus alumni organization and shall comply with subdivision (a), unless the campus president enters into an agreement with the constituency alumni group which provides as follows: (1) The separate constituency alumni group agrees to the following characteristics: a. is organized and operated solely for the benefit of the campus and the alumni of a school, college, department, or other campus administrative, academic, geographic, or other constituent unit; b. has as its purpose providing service and support to its members, the alumni of a constituent unit, and to the university; c. does not restrict membership or benefits of membership on the basis of race, religion, national origin, gender, or sexual orientation; d. recognizes the unique role of the campus president or designee in setting campus or campus unit priorities; and irrevocably dedicates its assets for the benefit of the campus or appropriate unit of the campus. In the event of the group's dissolution, its assets shall be transferred to the campus alumni association, the campus, an appropriate unit of the campus, or an auxiliary organization designated by the campus for purposes consistent with the purposes of the group and the terms of any individual gifts that are part of its assets, and, if a corporation, in conformance with the California Nonprofit Corporation Laws. e. A constituency alumni group representing a school, college, department, or other unit shall secure the endorsement of the school, college, department, or other unit. The administrative head of the represented unit shall periodically review and provide advice concerning the planned activities of the constituency alumni group and shall serve as anex officiovoting or nonvoting member of the governing body of the constituency alumni group, if any, or of any executive or similar committee empowered to act for the governing body, if any, of the constituency alumni group. (2) The separate constituency alumni group agrees to obtain and maintain recognition, as a separate constituency alumni group by submitting the following to the campus president or designee on an annual basis or otherwise as specified by the campus president: a. a current list of officers, members of the governing body, and the principal contact person for the group; b. a statement of the group's purpose and goals consistent with subsection (a) and copies of the current enabling documents of the group (i.e., bylaws, constitution, articles of incorporation, or other governing document); c. a current roster of names and addresses of donors and members, unless such records are otherwise maintained by the campus; d. a statement signed by the officers/representatives of the group that the governing body has read and formally voted that it will comply with this article and the agreement; e. a copy of the group's annual financial statements; f. for a group with accounts at a financial institution, a list identifying all such accounts, including the institution's name and address, the group's account numbers, and a statement signed by an appropriate officer or representative of the group authorizing the campus to obtain upon request from the financial institution information, records, or photocopies of transactions relating to the accounts; g. for an incorporated, tax-exempt organization, (A) a copy of the organization's state and federal tax-exempt status determination letter; (B) a copy of the organization's most recent Internal Revenue Service Form 990; and (C) a list of the types of activities, including fundraising and membership drives, the organization intends to undertake and how the organization intends to financially support these activities. (3) The provisions of this article shall be incorporated by reference; (4) The exchange of value between the campus and the constituency alumni group shall be expressed and may include provision of facilities and other tangible as well as intangible exchanges; (5) A license agreement for use of the campus name and symbols; and (6) The term of the agreement. (7) Privileges granted including authorization to use the name of the campus or other institutional unit. Without authorization, no group may: a. represent itself as raising funds or otherwise providing support on behalf of or for the benefit of the campus, or any part of it, including its alumni; b. use the name of the campus or any of its facilities or programs either expressly or by implication in connection with its activities; or c. use campus facilities or resources in connection with its activities. (8) If a separate constituency alumni group does not comply with this article, the campus president or designee shall by written notice require the constituency alumni group to comply within 90 days or recognition as a constituency alumni group will be withdrawn. a. In the event the group fails to comply within this time period, the campus president or designee may withdraw the constituency alumni group's recognition. In appropriate circumstances, the campus president may extend the period for compliance when action to remedy noncompliance is in progress. b. Upon withdrawal of recognition, the assets of the constituency alumni group shall be transferred to the campus alumni association, the campus, or the designated campus auxiliary organization for purposes consistent with the purposes of the group and the terms of any individual gifts that are part of the assets. (9) Use of the campus or unit name and symbols, including mascot or other identifying mark by a separate constituency alumni group after July 1, 2003, is prohibited unless the group has entered into an agreement and has been recognized by the campus under the provisions of this article. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.7. Fundraising by Constituency Alumni Groups. Fundraising activities of constituency alumni groups shall be governed by the fundraising provisions of this article applicable to campus alumni associations. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.8. Financial Activities of Constituency Alumni Groups. Financial activities of constituency alumni groups shall be governed by the financial activities provisions of this article applicable to campus alumni associations. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.9. Audit of Constituency Alumni Groups. The audit requirements of constituency alumni groups shall be governed by the audit provisions of this article applicable to campus alumni associations. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.10. Waiver. For good cause and to address circumstances unique to a campus, a campus president may request that the Chancellor waive certain provisions of this article for a particular group or groups on that campus. Such waiver shall be in writing and shall specify the reasons for the waiver. Any waiver shall be subject to such terms and conditions as deemed advisable by the Chancellor. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42397.11. CSU Alumni Council and Systemwide Constituency Alumni Groups. (a) The Chancellor may recognize a CSU Alumni Council having systemwide jurisdiction and possessing rights to represent the CSU alumni organizations before the Trustees. The Council shall be governed by the provisions of this article applicable to campus alumni associations with the system and the Chancellor replacing the campus and the campus president in those provisions. (b) Systemwide constituency alumni groups may be recognized and regulated by the Chancellor as provided in the provisions of this article relating to campus constituency alumni groups. Systemwide constituency alumni groups shall relate to the CSU Alumni Council as provided in the provisions of this article addressing campus constituency alumni groups and their relationship to the campus alumni associations. The provisions of the campus constituency alumni groups shall apply to systemwide constituency alumni groups with the Chancellor or designee assuming the rights and responsibilities of the campus president or designee. Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code. s 42400. Definition. As used in this Subchapter 6, a campus auxiliary organization, hereinafter called an "auxiliary" organization, is an organization which is (a) included in the list of auxiliary organizations in good standing maintained by the Chancellor pursuant to Section 42406, infra, and/or (b) which is an organization specified in Education Code Section 89900, which is any organization using the name of the State or a campus, or representing an official relationship with a campus, or in which any campus official participates as a director as part of his official position. The term, "auxiliary organization" as used herein, includes student body organizations and other student groups which are subject to the provisions of Education Code Section 89900; provided, that other than student body organizations, all student clubs, societies, sororities, fraternities and similar student groups not operating any commercial activity at the campus, are not subject to the further provisions of this Article, and may represent an official relationship to the campus and may use its facilities, subject to such policies and conditions as the Board of Trustees and the campus president may from time to time establish. Note: Authority cited for Subchapter 5: Sections 66600, 66606, 89030, 89300, 89301, 89302 and 89900, Education Code. s 42401. Declaration of Policy. Auxiliary organization activities are essential to the educational program of a campus, including service functions, and are an integral part of the campus program and shall be so operated. The objectives of the auxiliary organizations are as follows: (a) To provide for student self-government, and (b) To provide the fiscal means and the management procedures that allow the campus to carry on activities providing those instructional and service aids not normally furnished by the State budget, and (c) To provide effective operation and to eliminate the undue difficulty which would otherwise arise under the usual governmental budgetary, purchasing, and other fiscal controls, and (d) To provide fiscal procedures and management systems that allow effective coordination of the auxiliary activities with the campus in accordance with sound business practices. Note: Authority cited: Sections 66600, 66606, 89030 and 89900, Education Code. Reference: Sections 89300 and 89900, Education Code. s 42402. Authority of Campus President. The president of each campus is responsible for the educational effectiveness, academic excellence, and general welfare of the campus, over which he presides. As stated, auxiliary organizations operate as an integral part of the overall campus program. Therefore, for the president to exercise his responsibility over the entire campus program, he shall require that auxiliary organizations operate in conformity with policy of the Board of Trustees and the campus. To execute this authority, the president shall require that each auxiliary organization submit its programs and budgets for review at a time and in a manner specified by the president. Should the president determine that any program or appropriation planned by an auxiliary organization is not consistent with policy of the Board of Trustees and the campus, the program or appropriation shall not be implemented. Further, should a program or appropriation which had received approval, upon review, be determined by the president to be operating outside the acceptable policy of the Board of Trustees and the campus, then that program or appropriation shall be discontinued by direction of the president until further review is accomplished and an appropriate adjustment is made. s 42403. Funds. (a) All funds and money collected by or on behalf of a student body organization except funds and money collected from commercial services as provided in Education Code Section 89905, shall be deposited in trust by the chief fiscal officer of the campus in accordance with procedures approved by an appropriate officer of the student body organization. Such funds and money shall, subject to the approval of the campus president or designee, be deposited or invested in any one or more of the ways specified in Section 89301 of the Education Code. The chief fiscal officer of the campus shall be custodian of all funds and money collected by or on behalf of a student body organization and shall provide the necessary accounting records and controls for such funds. These funds may be expended by the custodian only upon the submission of an appropriate claim schedule by officers of the student body organization. The student body organization shall reimburse the campus an amount to cover the cost of custodial and accounting services provided by the campus in connection with these funds. (b) Trust funds shall be used specifically for the purpose designated in the instrument creating the trust. (c) Funds of an auxiliary organization shall be used for purposes consistent with Board of Trustees and campus policy, and shall not be used: (1) To support or oppose any candidate for public office, whether partisan or not, or to support or oppose any issue before the voters of this state or any subdivision thereof or any city, municipality, or local governmental entity of any kind except as may be permitted by Section 89300 of the Education Code. The prohibition of this subdivision shall not apply to: (A) expressions published in the student press; (B) support of a position taken by the Board of Trustees on an issue which the Board determines will significantly affect the California State University or any campus thereof. (C) Paragraphs (A) and (B) of subdivision (c)(1) are exceptions to the prohibition of (c)(1) and shall not be construed as authorizing an expenditure of student body organization funds collected through mandatory fees not authorized by Section 42659. (2) To make personal loans for non-educationally related purposes, except that such loans may be made when specifically authorized by a trust instrument under which the funds were received. (d) Indemnity bonds shall be obtained by an auxiliary organization for officers and employees handling funds of the auxiliary organization. (e) Donations and gifts to an auxiliary organization for research and other projects which are accepted, shall be accepted and maintained in accordance with policies and regulations established by the Board of Trustees. Note: Authority cited: Sections 89030 and 89900, Education Code. Reference: Sections 89302 and 89900, Education Code. s 42404. Records. (a) An auxiliary organization shall maintain adequate records and shall prepare such periodic reports showing its operations and financial status as may be required by the Board of Trustees. (b) All records of an auxiliary organization shall be open to the Board of Trustees and the Department of Finance for audits. Note: Authority cited: Sections 66600, 89030, and 89900, Education Code. Reference: Sections 89900 and 89904, Education Code. s 42405. Employees. (a) Except as otherwise provided in this Section, the governing board of each auxiliary organization shall provide salaries, working conditions and benefits for its full-time employees which are comparable to those provided campus employees performing substantially similar services. For those full-time employees who perform services that are not substantially similar to the services performed by campus employees, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature. (b) Notwithstanding anything in this Section to the contrary, the governing board of each auxiliary organization may withhold retirement benefits or permanent status benefits or both from temporary employees. For the purposes of this Section, a temporary employee is: (1) An employee employed for a research project, workshop, institute or other special project funded by any grant, contract or gift; or (2) An employee whose contract of employment is for a fixed term not exceeding three years. (c) Notwithstanding anything in this Section to the contrary, the governing board of each auxiliary organization may withhold permanent status benefits from executive employees. For the purposes of this Section, an executive employee is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not limited to, general managers, managers, directors, and the like, as determined by the governing board of each auxiliary organization. (d) At least annually, the Chancellor shall determine which of the auxiliary organizations included on the list prepared pursuant to Section 42406 is an auxiliary organization funded primarily by mandatory student fees collected by the Trustees. Notwithstanding anything in this Section to the contrary, the governing board of any auxiliary organization designated by the Chancellor as an auxiliary organization that is primarily funded by mandatory student fees collected by the Trustees may withhold retirement benefits from its employees. (e) Notwithstanding anything in this Section to the contrary, the Chancellor may exempt the governing board of any newly created auxiliary organization from the requirement of providing retirement benefits for a period not to exceed three years from the date on which the Chancellor approves the establishment of the auxiliary organization pursuant to Section 42407. (f) The Chancellor shall provide, and may from time to time revise, rules and procedures for the administration of this Section. Note: Authority cited: Section 89900, Education Code. s 42406. List of Auxiliary Organizations in Good Standing. The Chancellor shall prepare and keep current a list of organizations in good standing. All auxiliary organizations in compliance with rules and regulations of the Trustees, and provisions made thereunder, shall be included on the list. Where the Chancellor has reason to believe that a particular organization should be removed from said list, he will give the governing board of such organization, and the president of the campus, reasonable notice that a conference will be held to determine whether grounds for such removal do in fact exist, and representatives of said board shall be entitled to be present at such conference and to be heard. The Chancellor may make such provisions consistent with law as may in his judgment be appropriate with respect to further cooperation and agreements between any campus and an auxiliary organization not included on the said list. s 42407. Establishment of Auxiliary Organizations. No new auxiliary organization shall be established unless a recommendation accompanied by a justification is submitted by the president of the campus, and approval is given by the Chancellor. Note: Authority cited: Sections 66600 and 89900, Education Code. Reference: Section 89900, Education Code. s 42408. Fiscal Audits. (a) Each auxiliary organization shall have an annual fiscal audit performed by a certified public accountant selected by the auxiliary organization. When completed, the audit shall be furnished to the Chancellor or designee on the date or dates designated by the Chancellor or designee. (b) The annual fiscal audits shall be performed in accordance with standard systemwide procedures prescribed by the Chancellor. (c) Each auxiliary organization, in order to disseminate as widely as feasible the audited financial statements, shall: (1) Publish the audited financial statements in a campus newspaper; or (2) Publish a notice in a campus newspaper indicating the on-campus location where copies of the audited financial statements may be obtained or reviewed; or (3) Publish or notice the audited statements in accordance with subdivision (1) or (2) in a campus bulletin or other appropriate medium if a campus newspaper is unavailable. Note: Authority cited: Sections 89030 and 89900, Education Code. Reference: Sections 89900 and 89904, Education Code. s 42500. Functions of Auxiliary Organizations. Auxiliary organizations are formed to provide essential functions which are an integral part of the educational mission of a campus and the California State University. (a) The following functions have been determined by the Board to be appropriate for auxiliary organizations to perform in accordance with applicable policies, rules, and regulations: (1) Student Body Organization Programs; (2) Bookstores, Food Services, and Campus Services; (3) Housing; (4) Student Union Programs; (5) Supplementary Health Services; (6) Loans, Scholarships, Grants-in-Aids, Stipends, and Related Financial Assistance; (7) Externally Funded Projects Including Research, Workshops, Conferences, and Institutes; (8) Instructionally-related Programs, and activities, including Agriculture, Athletics, Radio and Television Stations, Newspapers, Films, Transportation, Printing and other Instructionally Related Programs and Activities; (9) Alumni Programs; (10) Gifts, bequests, devises, endowments, trusts and similar funds; (11) Public relations, fundraising, fund management, and similar development programs; (12) Acquisition, development, sale, and transfer of real and personal property including financing transactions related to these activities. (b) Gifts, grants, or other donations received by an auxiliary organization shall be accepted, maintained, and used in accordance with policies, rules, and regulations of the Board of Trustees. (c) Auxiliary organizations may issue debt instruments to finance or refinance projects in connection with their mission upon prior approval of the campus president and pursuant to policies of the Board of Trustees as may be implemented by the Chancellor. For purposes of this section, "debt instruments" means loans, notes, bonds, finance leases, installment purchase or sale agreements, and certificates of participation. (d) Student loans, scholarships, stipends and grants-in-aid shall only be given to currently admitted students. A record of such financial assistance shall be forwarded on a timely basis to the campus financial aid office and shall be documented on student financial aid recipient records kept in that office. All such financial assistance provided from student body organization funds shall be approved by the campus financial aid office before such funds are expended, and shall not exceed amounts to be provided under regulations of federal and state financial aid programs, except as provided under section 42403, subdivision (b). (e) An auxiliary organization shall not engage in a function not listed in subdivision (a) of this section unless an appropriate amendment is made to subdivision (a) by the Board of Trustees, adding said function to the list of approved functions of auxiliary organizations, or unless such function is essential to satisfy the corporation laws of the State of California. Note: Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, Education Code. s 42501. Requirement of Written Agreement. A written agreement on behalf of the State of California by the Chancellor of The California State University, and the auxiliary organization is required for the performance by such auxiliary organization of any of the functions listed in Section 42500, except student body organization activities. If any auxiliary organization performs more than a single function, then the written agreement may cover any number of the functions it performs on the campus or a separate agreement may cover each function performed. Authority for agreements between the auxiliary organization and a student for student projects involving agricultural, vocational, or other instructional activities, is to be incorporated in the written agreement between the auxiliary and the State. Note: Authority cited: Sections 66600, 89030 and 89900, Education Code. Reference: Section 89900, Education Code.Authority cited: Sections 66600, 89030 and 89900, Education Code. Reference: Section 89900, Education Code. s 42502. Contents of Written Agreement. The written agreement required by Section 42501 shall, among other things, specify the following: (a) The function or functions which the organization is to manage, operate or administer. (b) The necessity for administration of the functions by the auxiliary organization instead of by the campus under usual state procedures. (c) Service by any state officer or employee shall not be incompatible, inconsistent, or in conflict with his or her duties as a state officer or employee. (d) The facilities to be made available to permit the auxiliary organization to perform the functions specified in the written agreement. (e) The charge or rental to be paid for the facilities used in connection with the performance of its function. The charge or rental specified shall not require involved methods of computation, and should be identified in sufficient time before its incurrence so that the organization may determine to what extent it shall be liable therefor. (f) Full reimbursement to the State for services performed by state employees under the direction of the organization. Methods of proration where services are performed by state employees for the organization shall be simple and equitable. (g) A simple but equitable method of determining in advance to what extent the organization shall be liable for indirect costs. (h) The responsibility for maintenance and payment of operating expenses. (i) Proposed expenditures for public relations or other purposes which would serve to augment state appropriations for operation of the campus. With respect to expenditures for public relations or other purposes which would serve to augment state appropriations for operation of the campus, the auxiliary organization may expend funds in such amount and for such purposes as are approved by the governing body of the auxiliary organization. The President shall file with the Chancellor, a statement of such policy on accumulation and use of public relations funds for all auxiliary organizations. The statement will include the policy and procedure on solicitation of funds, source of funds, amounts, and purpose for which the funds will be used, allowable expenditures, and procedures of control. (j) The disposition to be made of net earnings derived from the operation of facilities owned or leased by the auxiliary organization and provisions for reserves. (k) The disposition to be made of net assets on dissolution of the auxiliary organization or cessation of the operations under the agreement. (l) The covenant of the auxiliary organization to maintain its organization and to operate in accordance with the regulations contained in this Subchapter 6, and Board resolutions. (m) The operations of auxiliary organizations shall be integrated with campus operations and so supervised as to comply with objectives stated in Section 42401. Note: Authority cited: Sections 66000, 89030, and 89900, Education Code. Reference: Section 89900, Education Code. s 42600. Organization. (a) An auxiliary organization which is not a corporation shall adopt a constitution and file a copy thereof with the Chancellor. (b) By July 1, 1982, the articles of incorporation or constitution of an auxiliary organization shall contain a provision that upon dissolution of the organization, net assets, other than trust funds, shall be distributed to a successor approved by the president of the campus and by the Board of Trustees. Note: Authority cited: Sections 66600, 66606, 89030 and 89900, Education Code. Reference: Section 89900, Education Code. s 42601. Operation. All leasing of campus facilities shall be effected under provisions of Education Code, Section 89046 or other laws governing the leasing of state facilities. Note: Authority cited: Sections 66600, 89030, and 89000, Education Code. Reference, Sections 89900 and 89046, Education Code. s 42602. Composition of Board of Directors. The composition of the governing board of auxiliary organizations shall be as follows: (a) Student Body Organizations. The governing board of student body organizations shall consist primarily of students, with a representative of the campus president to advise on policy and to provide liaison between the student governing board and the president of the campus. (b) Other Auxiliary Organizations. (1) Approved auxiliary organizations, other than student body organizations, operating on April 1, 1969, may continue the composition of their governing boards of directors existing at that time. (2) Approved auxiliary organizations, other than student body organizations, operating on April 1, 1969, desiring to make a substantial change in their governing board's composition, and any auxiliary organization established after that date, shall have a governing board consisting of voting membership from the following categories: (A) Administration and staff (B) Faculty (C) Noncampus personnel (D) Students (c) The size of the governing board of an auxiliary organization shall be at least large enough to accommodate the membership from the various categories which are required by this section. Note: Authority cited: Sections 66600, 89030, and 89900, Education Code. Reference: Section 89903, Education Code. s 42659. Approved Uses of Student Body Organization Funds. The principle underlying the expenditure of student body organization funds collected through mandatory fees is that such expenditures shall be made in programs that reflect the broadest variety of student interests and that are open to all students who wish to participate. Student body organization funds obtained from mandatory fees may be expended for the following programs: (a) Programs of cultural and educational enrichment and community service. (b) Recreational and social activities. (c) Support of student unions. (d) Scholarships, stipends, and grants-in-aid for only currently admitted students in accordance with provisions of Section 42500, subdivision (d). (e) Tutorial programs. (f) Athletic programs, both intramural and intercollegiate. (g) Student publications. (h) Assistance to recognized student organizations. (i) Student travel insurance. (j) Administration of student fee program. (k) Student government-scholarship stipends, grants-in-aid, and reimbursements to student officers for service to student government . Before such scholarship stipends, grants-in-aid, and reimbursements are established by a student body association, the principle of establishing such payments shall be approved by a student referendum. (l) Student employment to provide payment for services in connection with the general administration of student fee. (m) Augmentation of counseling services, including draft information, to be performed by the campus. Such counseling may also include counseling on legal matters to the extent of helping the student to determine whether he should retain legal counsel, and of referring him to legal counsel through a bar association, legal aid foundation or similar body. (n) Transportation services. (o) Child day care centers for children of students and employees of the campus. (p) Augmentation of campus health services. Additional programs may be added by appropriate amendment to this section by the Board. Note: Authority cited: Sections 66600, 89030, and 89900, Education Code. Reference: Sections 89300 and 89302, Education Code. s 42659.1. Governmental Affairs Representatives. Note: Authority cited: Sections 66600, 66606, 89030, 89035, 89300, 89302, Education Code. s 42660. Financial Aid. Note: Authority cited: Sections 66600, 66606, 89030, 89300 and 89302, Education Code. s 42665. Definition. As used in this Article 5 a systemwide auxiliary organization is an auxiliary organization of the California State University (a) established pursuant to section 89900 et seq. of the Education Code; (b) included in the list of auxiliary organizations in good standing maintained by the chancellor pursuant to section 42406; (c) engaged in activities which are essential and integral to the mission and purpose of the California State University system; and (d) responsible to the chancellor who shall require that the systemwide auxiliary organization operate in conformity with the policy of the Board of Trustees and the policy of the chancellor. Note: Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, et seq., Education Code. s 42666. Requirements. A systemwide auxiliary organization shall comply with the policies of this Subchapter 6 as they may relate to a systemwide context: (a) where the terms "president" or "campus" are used they shall mean "chancellor" or "California State University system," as appropriate; (b) sections and subsections which address student body organizations shall not apply to systemwide auxiliary organizations; and (c) composition of the governing board of directors prescribed in Section 42602 shall not apply to systemwide auxiliary organizations. Note: Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, et seq., Education Code. s 42667. For-Profit Subsidiaries. Subject to the approval of the chancellor and the Board of Trustees, a systemwide auxiliary organization may establish for-profit subsidiary organizations as long as neither the purpose of the systemwide auxiliary organization nor the nonprofit status of the systemwide auxiliary organization is compromised by the subsidiaries. The systemwide auxiliary organization shall cause a subsidiary organization to engage only in those activities which further the purposes of the systemwide auxiliary organization and which have been approved by the chancellor. Note: Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, et seq., Education Code. s 42700. Definitions. The following definitions shall apply as used in this subchapter: (a) "Trustees" means the Board of Trustees of the California State University created by Section 66600 of the Education Code. (b) "California State University" means all the California State University and the Office of the Chancellor. (c) "Chancellor" means the Chancellor of the California State University. (d) "Office of the Chancellor" means the central offices directed by the Chancellor. (e) "Campus" means each institution of the California State University. (f) "Position" means any office or employment in the California State University. (g) "Classification" or "class" means a group of positions sufficiently similar with respect to duties and responsibilities that the same title may reasonably and fairly be used to designate such position allocated to the class and that substantially the same tests of fitness may be used and that substantially the same minimum qualifications may be made to apply with equity. (h) "Employee" means a person legally holding a position in the California State University. (i) "Appointing power" means a person or group having authority to make appointments to positions in the California State University. Unless otherwise provided by law, the appointing power shall be the campus President for campus employees and the Chancellor for employees in the Office of the Chancellor. (j) "Appointment" means the offer to and acceptance by a person of employment in a position in the California State University. Appointments may be temporary, probationary, permanent or at the pleasure of the appointing authority. Appointments include various personnel actions such as initial appointments, reappointments (including reappointments which confer tenure or permanent status), promotions, transfers, demotions and reinstatements. (k) "Layoff" means the separation of an employee from a position for lack of funds or lack of work. (l) "Academic employee" means an employee engaged either (1) primarily in instruction who is employed and compensated on the basis of class and rank or (2) in very closely related professional activities such as those carried on by professional librarians on a campus. The classes of positions whose incumbents may be eligible for inclusion in the closely related area (2 above) will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment. Specific decisions on individual incumbents will be made in light of these guidelines. (m) "Administrative employee" means an employee engaged primarily in one or a combination of professional or quasi-professional activities. The classes of positions which will be placed in the administrative category will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment. (n) "Executive employee" means an employee with primary responsibility for the execution of policy and includes the Chancellor, vice chancellors and the campus presidents. (o) "Nonacademic employees" means an employee who provides noninstructional and nonadministrative supporting services such as secretarial, clerical, and maintenance services. A nonacademic employee may have lead responsibility, but normally does not have responsibility for major decisions. Higher academic degrees are not an essential qualification for service as a nonacademic employee. (p) "Academic-administrative assignment" means: (1) A work assignment to be determined by the Trustees, filled by an academic (class and rank) or an administrative employee at a campus or the Chancellor's Office. The incumbent, while on academic-administrative assignment, serves in a key administrative capacity, planning, organizing and directing activities which relate to the instructional programs and/or participates in policy planning; or (2) The work assignment of an administrative employee who has demonstrated to the president and the faculty or the Office of the Chancellor that the employee's job performance is, to a high degree, closely identified with the total management of a campus or the California State University. Classes of positions whose incumbents may be eligible for such assignment will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment. Specific decisions on individual incumbents will be made in light of these guidelines. (q) "Tenure" or "permanent" when used in relation to employment status means the right to continued employment on a particular campus or in the Office of the Chancellor unless dismissed for cause or laid off for lack of funds or lack of work. (r) "Probationary period" means the period an employee must serve before becoming a tenured or permanent employee. (s) "Probationary employee" means an employee who is serving a period of probation on a campus or in the Office of the Chancellor. (t) "Quarter system year-round operations" means the offering by a campus of regular session instruction during each of the four quarters of a college year, where each such quarter is of approximately the same length. (u) "Year of service" means: (1) For academic employees on 12-month assignments, nonacademic employees, administrative employees and executive employees, any 12 consecutive months of full-time employment. (2) For academic employees, nonacademic employees, administrative employees and executive employees, in cases where any such category of employee is serving on a 10-month assignment, 10 consecutive months of full-time employment. (3) For academic employees on academic year appointments, an academic year of full-time employment. (4) For Management Personnel Plan employees on academic year assignments, an academic year of full-time employment; for Management Personnel Plan employees on 10-month assignments, any 10 consecutive months of full-time employment; and for Management Personnel Plan employees on 12-month assignments, any 12 consecutive months of full-time employment. (v) "Academic year" means: (1) For campuses not on quarter system year-round operations, a total of two consecutive semesters, or three consecutive quarters, each semester or quarter being of the same approximate length as the other semester or quarters, and which academic year commences with the opening of the fall term. (2) For campuses on quarter system year-round operations, a total of any three quarters each of approximately the same length, in a period of four consecutive quarters, established pursuant to Article 2.5. A total of any six such quarters in a period of eight consecutive quarters, shall constitute two academic years. (w) "College year" means that period of time, in which a campus offers regular session instruction, which period consists of two, three, or four regular terms. (1) For campuses not on quarter system year-round operations, the college year is coterminous with the academic year. (2) For campuses on quarter system year-round operations, the college year is composed of four consecutive quarters, each of approximately the same length and commencing with the opening of the summer quarter. (x) "Lecturer" is a title used to cover a nonpermanent academic assignment normally of a visiting or part-time nature where the salary level of the individual is in accordance with the individual's qualifications. (y) "Teaching service area" means a generally recognized subject matter field or a specialized curriculum depending on the manner in which faculty assignments are determined at a campus. (z) "Triad", when used in relation to quarter system year-round operations, means a period of 36 months or 12 quarters, commencing in the case of each academic year employee at a campus or quarter system year-round operations, with the beginning of the first quarter of the employee's first academic year at such a campus. (aa) "Qualifying monthly pay period" means, for purposes of computing credit for vacation with pay, a monthly pay period during which an employee is in pay status for eleven or more work days. Omission from pay status for more than eleven consecutive working days within two consecutive monthly pay periods bars one such period from being qualified. (bb) "Management Personnel Plan employee" means an employee who has been designated as "management" or "supervisory" in accordance with the provisions of the Higher Education Employer-Employee Relations Act. The rights and responsibilities of a Management Personnel Plan employee shall be defined by those sections in Subchapter 7 which address Management Personnel Plan employees which sections shall supersede any other section of Subchapter 7 which may have applied to them prior to their having become Management Personnel Plan employees. A Management Personnel Plan employee is neither an administrative, academic, or nonacademic employee while serving in a Management Personnel Plan position. These previous designations shall be relevant only when a Management Personnel Plan employee exercises rights to retreat to a position in which permanent status or tenure was held prior to January 1, 1984. Only after reassuming such position shall the employee assume any rights or duties associated with administrative, academic or nonacademic status. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42701. Consultative Procedure. It is the policy of the Trustees that faculty be consulted on academic personnel matters. Each campus shall develop campus-wide procedures whereby only members of the faculty who are tenured, and such department chairmen and academic administrators as the campus procedures shall provide, may participate at any level of consideration in the deliberations or vote on recommendations relating to appointment, retention, tenure or promotion of faculty. The procedures shall provide that those making such recommendations should consider information from other faculty members and any other source, including, but not limited to students. The campus-wide procedures shall be consonant with the regulations, policies and procedures of the Board of Trustees and the Chancellor and shall be approved by the president. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42702. Appointments. Appointments shall be made as follows: (a) All appointments shall be based solely on ability and fitness for the position to be filled. (b) Persons whose names are on reemployment lists shall be offered reemployment in their previous classification before others are considered in filling vacancies and shall be given consideration appropriate to their qualifications for other available positions. (c) Persons in nonacademic, administrative, or Management Personnel Plan positions accept and hold employment in a classification subject to assignment and reassignment to any position in that classification or other classifications appropriate to their qualifications and performance on a campus or in the Office of the Chancellor. (d) The president of each campus or designee, using the consultative procedures established pursuant to section 42701 shall: (1) Make all appointments of academic employees. (2) Award or deny tenure to probationary academic employees. (3) Make all promotions of academic employees. Only tenured faculty or those selected for the simultaneous award of tenure may be promoted to the ranks of associate professor or professor. (e) Decisions made pursuant to subdivisions (d)(2) and (d)(3) of this section may be appealed to the Chancellor by the employee affected thereby. (f) The president of each campus or designee, after consultation with representatives of the faculty senate or council, shall make all appointments to the positions of vice president and dean. (g) The president of each campus or designee, subject to the approval of the Chancellor, shall reassign individuals serving in administrative positions to academic-administrative assignments. (h) The president of each campus shall use the classes of positions established by the Trustees as being in the "closely related" academic area as guides in placing individual positions in that area. (i) The president of each campus or designee shall make all appointments of administrative, nonacademic, and Management Personnel Plan employees. (j) The Chancellor or designee (1) shall make all appointments of employees in the Office of the Chancellor, except for vice chancellors, (2) shall recommend to the Trustees the appointment of vice chancellors, (3) shall make all appointments of acting presidents and, (4) shall recommend to the Trustees two or more candidates for the presidency of a campus after receiving and considering recommendations from any source, including interested faculty. (k) The Chancellor or designee: (1) May review decisions made pursuant to subdivision (d) of this section at the instance of tenured members of the faculty involved in recommendations to the president or designee provided by section 42701. (2) May review any action carried out under the provisions of article 2 or assume complete jurisdiction therein when the Chancellor determines such action to be necessary. ( l) The Trustees: (1) Shall appoint the Chancellor, vice chancellors, upon recommendation of the Chancellor, the general counsel, and presidents other than acting presidents. (2) May of their own motion, review any action carried out under the provisions of article 2 or assume complete jurisdiction therein when they determine such action to be necessary and may to the extent they deem advisable delegate their authority to the Faculty and Staff Affairs Committee. (m) All appointments shall be made, and other budgetary, appointment, and classification forms shall be submitted, in accordance with procedures and forms established by the Chancellor or other lawful authority. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42703. Terms of Appointment. (a) The terms of appointment of nonacademic employees are provided in article 2 of chapter 5, division 8, part 55 of the Education Code. Nonacademic employees when the workload requires may be appointed on a temporary basis for not to exceed 10 months. (b) Academic year employees shall be appointed initially for one academic year and thereafter in accordance with article 13 of this subchapter. Initial and subsequent appointments of academic year employees at campuses on quarter system year-round operations, shall also conform to article 2.5 of this subchapter. Temporary academic employees may be appointed for a shorter period. (c) 12-month academic employees shall be appointed initially for one year and thereafter in accordance with article 13 of this subchapter. (d) 10-month academic and other 10-month employees shall be appointed initially for 10 months and thereafter in accordance with article 13 and article 14, respectively, of this subchapter. For 10-month academic employees at campuses on quarter system year-round operations the beginning and ending dates of the 10-month period of service will be established at the time of appointment. (e) Administrative employees shall be appointed initially for one year and thereafter in accordance with article 14 of this subchapter. Administrative employees when the workload requires may be appointed on a temporary basis for not to exceed ten months. (f) Management Personnel Plan employees are appointed in accordance with article 2.2 of this subchapter. (g) Executive employees shall not acquire tenure in executive positions. The chancellor, general counsel, and the campus presidents serve in their positions at the pleasure of the trustees. The vice chancellors serve in their positions at the pleasure of the chancellor who shall consult with the trustees prior to taking action to terminate a vice chancellor. (h) Persons who are appointed to positions which are fully or partially funded from sources other than the California State University, where such funding is in support of a program of work relief or work training for the utilization of the unemployed or the under-employed, shall not receive credit toward tenure or permanent status while serving in such positions. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42704. Designation of Teaching Areas. The President or designee of each campus, after appropriate consultation with department, division or school faculty, shall designate teaching service areas at the campus. The President or designee shall, after consultation with the academic teaching employee involved and with the members of each teaching service area involved, assign each campus academic teaching employee to one primary teaching service area and may assign each campus academic teaching employee to one or more secondary teaching service areas, as appropriate. Each teaching service area shall be designated so as to represent distinct curricular subdivisions and reflect discrete faculty competencies. The President or designee of each campus, after appropriate consultation as provided above, shall, at intervals of no more than five years, review and, as necessary, amend the designations of teaching service areas and the assignments of academic teaching employees to them to reflect changes in subject matter fields and specialized curriculums offered at the campus. Records shall be maintained by the campus of all such determinations. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42705. Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42711. Faculty. The faculty of each campus shall consist of specialists qualified to give the instruction in each authorized curriculum. The doctorate or equivalent attainment shall be the desirable qualification for appointment to a campus faculty position. Equivalent attainments may be accepted: (a) In those fields where the doctorate is not common, and (b) In vocational fields where experience may be substituted for academic training. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42712. Other Employees. Employees not included in Section 42711 shall be qualified to perform skillfully the duties of the respective positions. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42713. Work Assignments. Each employee of the California State University shall be assigned to perform the duties included in the specifications of his or her position. Each full-time nonexempt employee normally shall work 40 hours a week and each part-time nonexempt employee a proportionate amount of time based on his or her assignment. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89502, Education Code. s 42714. Grievance Procedures for Academic Personnel. s 42715. Pilot Modified College Year Program. Notwithstanding any other provision of this Chapter 1, California State College, Stanislaus, is authorized to initiate and implement a pilot modified college year program, effective with the fall semester of 1973, pursuant to such administrative provisions as the Chancellor or his designee may establish for that purpose, which provisions are hereby autho rized. The pilot program shall be for five college years, with annual evaluation. The modified college year may be composed of other than existing semester or quarter terms, but must be of a duration approved by the Chancellor or his designee. The provisions adopted by the Chancellor or his designee shall provide that the teaching assignment for academic employees and the salary, sabbatical leave, sick leave and other employee benefits for the college year, shall be comparable to teaching assignments and benefits provided other employees of The California State University. Because of variations in the program during any particular term, it should be recognized that a teaching assignment for a given faculty member may vary from term to term during the course of the college year. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42720. Structure. (a) The California State University Management Personnel Plan is an integrated personnel system addressing the employment rights, benefits, and conditions of those California State University employees designated as "management" or "supervisory" under the Higher Education Employer-Employee Relations Act. The Management Personnel Plan includes four grade levels each with a salary delimited by minimum and maximum rates of salary determined by the Chancellor and approved by the Board of Trustees on the basis of comparative salary data from competitive public and private organizations. The salary ranges may be reviewed and adjusted as the Chancellor and the Trustees deem appropriate. (b) The Chancellor or designee shall assign each Management Personnel Plan position to one of the four grade levels within the Management Personnel Plan. The assignment of a position to a particular grade level shall be based on an assessment of the skills, knowledges, and other qualifications needed to satisfactorily perform the position's assigned duties as well as the nature and complexity of the program or organizational unit managed or supervised by the position, the scope of management or supervisorial responsibility, job demands, extent of independent decision making authority, accountability, and impact of policies administered and/or decisions made. Working and organizational titles devised by the appointing power may be used to describe a Management Personnel Plan position and the assignment of a position to a grade level may vary from campus to campus depending on an assessment of the circumstances and factors on each campus. (c) The Chancellor or designee may review and change the grade level to which a position in the Management Personnel Plan has been assigned using the criteria of subdivision (b). A Management Personnel Plan position shall remain in the grade level to which the position is assigned until a different grade level is assigned by the Chancellor or designee. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42721. Salary Administration. (a) Upon assignment of a position to one of the four Management Personnel Plan grade levels, the appointing power shall determine the salary to be paid and perquisites to be accorded to the employee in the position based upon the appointing power's assessment of the employee's merit and an assessment of the appointing power's need. Although no salary steps are prescribed, salary increments of approximately 1.0 percent shall be established for each salary range to facilitate salary administration and payroll processes. (b) The appointing power may review and adjust a Management Personnel Plan employee's salary and perquisites. Such adjustment shall be based on the appointing power's evaluation of the employee's merit and the appointing power's need and shall be within funds allocated to the appointing power for such purpose. Adjustments of salary or perquisites or both salary and perquisites of a Management Personnel Plan employee shall be in accordance with a merit evaluation plan developed and administered by the appointing power. Unless otherwise prescribed by law, there shall be no general salary adjustments nor automatic adjustments for such employee. Adjustment of the salary range of an employee's grade level shall not automatically affect the employee's salary. (c) The Chancellor shall budget a lump sum of money to each campus and to the headquarters office to support salary increases within funds available for this purpose. The Chancellor or President, as appropriate, shall determine the frequency and amount of salary and perquisite adjustments for Management Personnel Plan employees. An annual report of all employee compensation action taken shall be submitted by the campus President to the Chancellor or designee. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42722. Evaluation Plan. The appointing power shall develop an evaluation plan outlining criteria and procedures for consideration of individual salary adjustments. Evaluation plans require standards of expectation for each grade level against which superior, average, or unsatisfactory performance can be gauged, and against which the amount of a pay increase, if any, can be determined. The evaluation plan requires criteria that will assure equity in pay based on merit factors, including quality, productivity, and the like. Management Personnel Plan employees shall be evaluated after six-months and one year of service, and subsequently at one year intervals. The criteria and process for evaluation shall be determined by the appointing power. Evaluation shall also form the basis for recommendations for management development, professional leaves or other activities related to career development and upward mobility. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42723. Employment Status. (a) A Management Personnel Plan employee serves at the pleasure of the campus President or the Chancellor, as appropriate. A Management Personnel Plan employee shall not serve a probationary period and shall not receive permanent status. (b) A Management Personnel Plan employee who had permanent status in a class prior to January 1, 1984 shall retain permanent status in the class despite inclusion as a Management Personnel Plan employee. A Management Personnel Plan employee who prior to January 1, 1984 was serving a probationary period may be awarded permanent status by the appointing power upon the successful conclusion of the probationary period. Upon acquisition of permanent status such an employee shall retain permanent status in the same manner as an employee who has permanent status prior to January 1, 1984. (c) A Management Personnel Plan employee who retains permanent status under subdivision (b) and who is placed in or promoted to a position under the Management Personnel Plan shall retain retreat rights as described in this subdivision (c) to the former class in which permanent status is held. Should the appointing power terminate the Management Personnel Plan employee's service in a Management Personnel Plan position, the employee shall have the right to return to the former class in which permanent status is held at the salary last received in the permanent class. (d) Except in the case of layoff, the President or Chancellor, as appropriate, shall give a Management Personnel Plan employee notice of termination at least three months prior to the employee's separation date or shall give a Management Personnel Plan employee corresponding salary in lieu of notice. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42724. Promotion. The appointing power may promote a Management Personnel Plan employee to a position with greater compensation either within the grade level to which the employee's position is assigned or to a different grade level. A promotion may be made after the appointing power has determined that the promotion is appropriate in light of its evaluation of the employee and the needs of The California State University. A promotion shall be made to a position which has been duly established by the Chancellor or designee, assigned by the Chancellor or designee to the appropriate grade level, and made available by the Chancellor or designee for use by the appointing power. Promotion actions will be in accordance with affirmative action guidelines and objectives. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42725. Reassignment. The appointing power may assign a Management Personnel Plan employee to different duties in the same position or may reassign a Management Personnel Plan employee to a different position either within or outside of the grade level or the Plan when the appointing power determines that such assignment or reassignment is in the best interests of The California State University. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42726. Holidays, Vacation, and Sick Leave. (a) Holidays. A Management Personnel Plan employee shall be entitled to holidays as provided in Section 42920 of this Subchapter 7. (b) Vacation. A Management Personnel Plan employee shall accumulate vacation at a rate of 2 days per qualifying pay period and may accumulate vacation in an amount not to exceed 384 working hours for 10 or less years of qualifying service and 440 working hours for more than 10 years of qualifying service as provided in Sections 42902 and 42909, respectively, of this Subchapter 7. Any vacation which the appointing power allows to accumulate beyond the maximum shall be taken in the first quarter of the next calendar year. Vacation shall be taken as directed or authorized by the appointing power and shall be scheduled by mutual agreement whenever possible. (c) Sick Leave. A Management Personnel Plan employee shall accumulate 8 hours of credit for sick leave with pay following completion of one month of continuous service. Thereafter for each additional calendar month of service, one day of credit for sick leave with pay shall be allowed. Sick leave may be accumulated without limit. Each Management Personnel Plan employee may be required by the appointing power to provide proof satisfactory to the appointing power of the necessity of taking sick leave. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42727. Professional Development. (a) Professional development, maintenance of currency in the field, and professional improvement are normal requirements for retention and advancement in a position in the Management Personnel Plan. Each Management Personnel Plan employee is responsible to maintain currency in the field and to develop and improve management or supervisory skills whether at California State University or personal expense. (b) A Management Personnel Plan employee may participate in programs and activities determined by the appointing power to develop, update or improve the employee's management or supervisory skills. The programs and activities may include professional leaves, administrative exchanges, academic coursework, and seminars. A Management Personnel Plan employee may participate in a program or activity only after the employee's participation has been approved by the appointing power and only to the extent that funds are available for this purpose. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42728. Reconsideration. The Chancellor or the President, as appropriate, may prescribe an informal means of hearing complaints from Management Personnel Plan employees who serve in the Headquarters Office or at a campus of The California State University. The informal procedures so prescribed shall be the exclusive administrative remedy available to a Management Personnel Plan employee to address employee complaints or to seek reconsideration of any personnel decision allegedly adverse to the interests of the employee. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code. s 42750. Policy. It is the policy of the Board of Trustees, that the rights and benefits of faculty at a campus be fully protected upon the campus's conversion to quarter system year-round operations. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code. s 42751. Establishment of Period of Four Consecutive Quarters During Which Three Quarters Academic Year of Service Is Performed. Academic year employees will be appointed for an academic year composed of any three quarters out of four consecutive quarters. On campuses on quarter system year-round operations the period of four consecutive quarters within which an academic year employee serves shall begin with the quarter to which the employee is appointed. For continuing academic year employees, upon conversion of the campus to quarter system year-round operations, the period of four consecutive quarters shall begin with the fall quarter, provided, however, that continuing academic year employees who prior to conversion of their campus to quarter system year-round operations had served full time for the immediately preceding two semesters or three quarters, as the case may be, shall be considered to have served a full academic year for purposes of Section 42754. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42752. Assignment to Academic Quarters. (a) The initial assignment pattern of the three quarters constituting the academic year of an academic year employee during his or her first academic year shall be established in advance of the employee's appointment, and stated in the employer's appointment or assignment letter. (b) Following the initial academic year of service of a newly appointed academic year employee, and, for a continuing academic year employee upon the conversion of his or her campus to quarter system year-round operations, and thereafter, assignment and reassignment of patterns of the three quarters constituting the employee's academic year, and the time which a compensating quarter off may be taken pursuant to Section 42754, subdivision (e)(2), will be considered in light of the needs of the academic employee and the needs of the department, and mutually agreed at the department, division, or school level, as the campus shall determine. If such agreement is not reached at the level or levels selected by the campus for such determinations, the final decision will be made by the president, consistent with the resolutions of the Board of Trustees applicable to quarter system year-round operations. (c) Assignment of an academic year employee to academic quarters pursuant to subdivision (b) of this Section shall be determined at as early a date as is feasible, but in any event, at least one full quarter, or in the case of a campus converting from a semester system to quarter system year-round operations, one full semester, in advance of the beginning of the next succeeding academic year, unless the employee consents to a later determination. No such assignment may be made more than three years in advance of the beginning of the academic year to which it relates. Assignments pursuant to this Article are without reference to decisions on appointment, retention and tenure, which decisions shall continue to be governed by Articles 2 and 13 of this Subchapter. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code. s 42753. Teaching Assignments. (a) The pattern of instruction for full-time academic year employees at campuses on quarter system year-round operations shall be three quarters of four consecutive quarters, the fourth quarter of which shall be vacation except as otherwise provided in Section 42901, subdivision (b). (b) The teaching assignment for academic year employees at campuses on quarter system year-round operations, shall be no greater than it is for such employees at campuses not on quarter system year-round operations. Because of variation in course offerings during any particular quarter, a teaching assignment for a faculty member may vary from quarter to quarter and from academic year to academic year. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code. s 42754. Teaching an Extra Quarter Assignment. (a) As used in this Section, the term "extra quarter assignment" means an assignment given to an academic employee to teach full-time or part-time within the employee's four quarter period, a quarter other than one of the quarters which comprise the employee's academic year. (b) In exceptional instances when the needs of the campus require it, an academic year employee may teach an extra quarter assignment. The employee will not, as a general policy, teach more than six consecutive quarters, and, subject to the exception in subdivision (e)(1), shall not teach more than the equivalent of seven consecutive full-time quarters in the California State University. (c) No academic year employee shall teach an extra quarter assignment unless the employee agrees to do so. (d) When an academic year employee teaches an extra quarter assignment, the employee may elect whether the work shall be for extra compensation or for a quarter off at a later date. Service for a quarter off at a later date must be full time for the entire quarter. The employee shall make the election by notifying the campus in the form and in the manner and by the time prescribed by the president. (e) An academic year employee may teach extra quarter assignments either for extra compensation or for a compensating quarter off at a later date provided that: (1) For extra compensation -the employee's teaching, including teaching pursuant to this subdivision (e), shall not exceed the equivalent of one quarter for extra compensation nor more than the equivalent of ten quarters during any triad. An exception may be granted by the campus president if an eleventh quarter assignment is essential to the offering of required instruction. No service credit for tenure, retirement, sabbatical leave, sick leave, or seniority, will be earned during this extra quarter; and (2) For a compensating quarter off at a later date -the employee's teaching, including teaching pursuant to this subdivision (e), subject to the exception in subdivision (e)(1), shall not exceed the equivalent of ten quarters during any triad. Such compensating quarter off will normally be taken during the employee's next succeeding academic year, but may, with the approval of the campus president or designee, be taken at a later time within 36 months of the completion of the extra quarter of service. No service credit for tenure, retirement, sabbatical leave, sick leave or seniority shall accrue during the period of the extra quarter assignment, but shall accrue with respect to the paid time taken as a compensating quarter off, in the same manner as though the employee had taught during the period of such compensating time off rather than during the period of the extra quarter assignment. (f) As used in this article, the terms "teach" and "teaching" shall include service during a period of sabbatical leave taken pursuant to Article 5 (commencing with Section 43000) and service while on a special leave for research or creative activity, taken pursuant to Article 5.1 (commencing with Section 43050). Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 42755. Special Rule Applicable in Cases of Part-Time Service During Summer Quarters of 1966 and 1967. s 42760. Special Rule Applicable to Campuses Phasing out of Quarter System Year-Round Operations. (a) The provisions of this section shall be applicable upon the determination by the Chancellor, in consultation with the president of the campus concerned, that it is necessary to phase out quarter system year-round operations at that campus for reasons of lack of financial support, Board of Trustee policy, or both. (b) Upon a determination pursuant to subdivision (a) with respect to a particular campus, the president of that campus may authorize the waiver of any of the provisions of this Article (commencing with Section 42750) other than the obligation of the campus to compensate a faculty member for an extra quarter assignment and the provisions of subdivision (c) of Section 42754, but only if such waiver is determined to be necessary in a particular case in order to phase out quarter system year-round operations. (c) Actions of a campus president pursuant to this section shall also be in conformance with such policy resolutions of the Board of Trustees as may be adopted, and with all other applicable requirements of law. Note: Authority cited: Sections 66600, 8030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code. s 42770. Policy. It is the policy of the Board of Trustees that the rights and benefits of librarians who elect to be employed on a ten-month basis pursuant to Education Code Section 89518 and Section 42771 of this Article shall be fully protected except for those rights and benefits based on compensation. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42771. Right of Election. Any librarian employed on a twelve-month basis in a fiscal year may elect to be employed for one or more fiscal years on a ten-month basis. Once a notice of election has been filed for more than one fiscal year, the librarian with the consent of the president or designee, may reduce by one or more fiscal years the number of periods of ten-month service. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42772. Notice of Election. Any librarian who intends to exercise a right of election pursuant to this Article shall notify the President or his or her designee in writing of such intent at least six months prior to the proposed effective date of the appointment to a ten-month position. The President or his or her designee may waive any or all of this required notice when, in his or her judgment, it would not disrupt the orderly functioning of the library. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42773. Compensation. A librarian electing to be employed on a ten-month basis in one or more fiscal years shall have his or her compensation reduced for any such fiscal year in the same proportion as the compensation of instructional academic employees whose fiscal year employment basis is changed from a twelve-month basis to a ten-month basis. The ten-month salary shall be paid in twelve equal installments. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42774. Determination of Period of Service. A librarian electing to be employed on a ten-month basis in a fiscal year must take two consecutive months off and those two months must be within the same fiscal year. (a) For librarians with less than one full-time year of service or the equivalent, the two consecutive months off shall follow ten consecutive months of full-time service within the same fiscal year. (b) For librarians with one or more years of full-time service or the equivalent, the two months off may be any consecutive two-month period within the same fiscal year period. In the event a librarian who has taken two months off prior to completing ten months of service in a fiscal year fails to complete ten months of service in that fiscal year; he or she shall reimburse the campus for all salary paid but not earned for that fiscal year. This obligation shall be exonerated if the failure of the employee to render such service is caused by his or her death or physical or mental disability. (c) For librarians with one or more years of full-time service or the equivalent the librarian's selection of the particular two months off to be taken will normally be approved unless it is determined by the President or his or her designee that the library operations will be impaired. Should this occur, the President or his or her designee shall designate two or more alternate periods of two months from which the librarian will select two months off consistent with the requirements in (b) above. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42775. Delegation. The Chancellor shall establish and may from time to time revise provisions for the administration of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42776. Definition. For purposes of this Article, "librarian" includes all persons serving in professional librarian classes in the academic closely related category except librarians serving in academic-administrative assignments. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42777. Effective Date of Appointments to Ten-Month Positions. Appointments made pursuant to Section 42771 of this Article shall be effective at the beginning of each fiscal year. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42800. Fixing of College Year, Semesters, Quarters, and Academic Holidays. The President of each campus shall annually for pay plan purposes: (a) Fix, and publish in the annual bulletin of the campus after consultation with the faculty council or senate, the beginning and ending dates for each of the following: (1) The college year. (2) The semesters or quarters, as the case may be. (b) Fix, and publish in the annual bulletin of the campus all college academic holidays. (c) Fix for the college year, with the approval of the Chancellor, the pay periods for academic year employees of the campus, hereinafter called academic pay periods. The first academic pay period of a semester or quarter may include up to 45 calendar days. (d) Certify to the Chancellor and to the State Controller prior to the beginning of each college year of the campus: (1) The academic pay periods of the campus for the year. (2) The number of academic workdays in the college year and in each of the semesters or in each of the quarters of the campus, as fixed and published in the annual bulletin or as changed by the President with the approval of the Chancellor subsequent to such publication. Unless an academic holiday falls thereon, each Monday, Tuesday, Wednesday, Thursday, and Friday in the college year, semester, or quarter, as the case may be, is an academic workday therein, regardless of whether or not any such day is a legal holiday enumerated in Section 42920 of this Subchapter. (e) Certify separately the college year, the academic pay periods, the number of academic workdays, and academic holidays for the laboratory demonstration elementary school whenever they differ from those of the campus; whenever the terms "college year," "academic pay period," "academic day," and "academic holiday" are hereinafter used in this Article, they shall refer to the facts so separately certified in any instance involving the pay plan of an academic year employee performing services in the campus laboratory demonstration school as an elementary teacher, principal, or supervisor. This certification shall be used only for the purpose of determining payments of salary to laboratory demonstration elementary school teachers, supervisors, and principals. (f) Certify separately the college year, the semesters, the quarters, the academic pay periods, the number of academic workdays, and academic holidays for an off-campus center whenever they differ from those of the campus; whenever the terms "college year," "semesters," "academic pay period," "academic day," and "academic holiday" are hereinafter used in this article, they shall refer to the facts so separately certified in any instance involving the pay plan of an academic year employee performing services in an off-campus center. (g) Submit a revised certification: (1) When the President with the written approval of the Chancellor makes a change after the beginning of the college year in the college year, any semester, any quarter, or any academic holiday. (2) When a change occurs in the college year or any semester of the laboratory demonstration elementary school. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42801. Classification of Employees for Pay Plan Purposes. For pay plan purposes, the following classes of employees are established: (a) Academic year employee -a person employed to render service for an academic year, for a semester only, or for one or two quarters only. (b) Ten-month academic (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter) or other ten-month employee -a person employed in a position to render service on an annual or fiscal year salary basis on state workdays as defined in State Board of Control regulations or on days in lieu thereof during a ten-month period which position has a specified number of days of vacation allowed for each month of service. Ten-month academic employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter) shall have the beginning and ending dates of the period of service established at the time of appointment. (c) Twelve-month academic employee or other twelve-month employee -a person employed in a position to render service on an annual salary basis on state workdays as defined in State Board of Control regulations or on days in lieu thereof, during a 12-month period, which position has a specified number of days of vacation allowed for each month of service. (d) Substitute instructional faculty -a person employed for a limited period to perform the duties of a regular teacher or instructor who is absent from duty and whose payroll title is Substitute Instructional Faculty. (e) Special session academic employee -a person employed for special session work on an academic credit unit, or equivalent, basis. (f) Extension instructional faculty -a person employed to teach extension classes. (g) Music studio instructional faculty -a person employed on a unit of work basis. (h) Student assistant -an employee with payroll title of student assistant. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42802. Effective Date of Initial Appointment. The effective date of the initial appointment of an employee shall be as follows: (a) When the appointment is as an academic year employee who reports for duty at the beginning of a semester or quarter, the first day of the academic pay period during which the semester or quarter begins. (b) When the appointment is as a ten-month academic employee (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter), the beginning of the pay period in which the ten-month appointment begins provided, however, that such an employee may be appointed on a temporary basis during the period between the end of one ten-month assignment and the beginning of the next. (c) Except as otherwise provided in this section, the date of initial appointment to a position shall be the date the employee reports for duty. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code. s 42803. Pay Plan for California State University Employees. Amount and Dates of Payment. Subject to the provisions of Sections 42804 and 42805 employees of the California State University shall be paid in the amounts and on the dates specified in this section. (a) Definition: As used in this section, the term "annual salary for an academic year" means twelve times the monthly salary rate indicated in the salary scales established for academic year personnel or the fractional equivalent thereof in the case of part-time employees. (b) Academic Year Employee. (1) Amount and Dates of Pay for Entire Academic Year. An academic year employee who completes all the service required for three quarters or two semesters shall be paid for such service his or her annual salary for an academic year adjusted for changes in salary rates, and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days covering the period of twelve months beginning with the effective date of his or her appointment; provided that adjustments for changes in salary rates may not be made applicable to the vacation period of an academic year employee subsequent to the conclusion of his or her academic year unless that employee has been reappointed or has retired or is retiring within 120 days of the end of the academic year, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. The first installment shall be paid on the first state pay day following the conclusion of the first academic pay period as determined pursuant to subdivision (c) of Section 42800 and shall be the amount of his or her established monthly salary equivalent for the position. If such employee separates from the position following the completion of his or her assigned duties in the position but prior to the end of the twelve-month period, he or she may on separation be paid as a final settlement the unpaid balance of the salary due him or her. (2) Amount of Pay for Semester. An academic year employee who completes all the service required for an entire semester shall for that service be paid one-half of his or her annual salary for an academic year, in six monthly installments, adjusted for changes in salary rates and time base of the period covered by such adjustment. Adjustments for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period of an academic year employee unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. (3) Amount of Pay for Quarter. Except as otherwise provided in this section, an academic year employee who completes all the service required for an entire quarter shall for that service be paid one-third of his or her annual salary for an academic year, in four monthly installments, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Adjustments for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period of an academic year employee unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. (4) Date of Payments for Service for Semester or Quarter. (A) An academic year employee who is appointed to serve for one semester only or for one or two quarters only shall be paid in installments payable on state pay days covering the six-month period where appointment is for one semester, or the four-month or eight-month period, as the case may be, where the appointment is for one or two quarters, beginning on the effective date of his or her appointment. The first installment shall be paid on the first state pay day following the conclusion of the first academic pay period as determined pursuant to subdivision (e) of Section 42800 and shall be the amount of his or her established monthly salary equivalent for the position. (B) If any employee described in subparagraph (A) hereof separates from the position following the completion of his or her assigned duties in the position but prior to the end of the six-month, four-month, or eight-month period, whichever is applicable, he or she may on separation be paid as a final settlement the unpaid balance of the salary due him or her, such balance to be computed by taking into account changes, if any, in the salary rate and time base. Adjustment for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. (5) Academic Year Employee Serving in an Extra Quarter Assignment. An academic year employee appointed to serve an extra quarter assignment for compensation pursuant to Section 42754, subdivision (e)(1) shall be paid for such service in three monthly installments at the regular compensation. Such salary payments shall be in addition to any salary due him or her for service as an academic year employee. (6) Academic Year Employee Serving in an Extra Quarter Assignment Without Compensation. An academic year employee serving full-time in an extra quarter assignment without compensation, pursuant to Section 42754, subdivision (e)(2) shall be entitled to a compensatory quarter off at a later date with regular compensation and benefits applicable at that time. (c) Ten-month Employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter). A ten-month employee (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter) who completes all service required for the ten-month period shall for such service be paid his or her regular annual salary in twelve consecutive installments payable on state pay days. If he or she serves at any one campus in the same class or class series in excess of ten-months during that employee's established year (a twelve-month period), he or she shall for such excess service be paid at the monthly rate of one-tenth of his or her annual salary or the fractional equivalent thereof in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. If he or she has accumulated during the ten-month period vacation which he or she was unable to take because of his or her assigned duties, he or she may, at the discretion of the President, be paid for such vacation at the monthly rate of one-tenth of his or her regular annual salary adjusted for changes in salary rates; provided that adjustments for changes in salary rates may not be made applicable to the vacation period of a ten-month employee subsequent to the conclusion of his or her year of service unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her year of service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. Pay for excess service and vacation shall be in addition to any salary due for service during the regular ten-month period, but the total pay for excess service and for accumulated vacation paid in addition to his or her regular annual salary shall not exceed an amount equal to two-tenths of his or her regular annual salary. (d) Ten-month Employees paid under a 10-12 Pay Plan. A ten-month employee paid under a 10-12 pay plan, who completes all service required for the designated ten-month period, shall for such service be paid his or her regular annual salary, adjusted for changes in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of ten months out of the twelve months covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-tenth of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the ten-month period which the employee was unable to take because of assigned duties, may, at the discretion of the President, be paid at the monthly rate of one tenth of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular ten-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to two-tenths of his or her regular salary. (e) Eleven-month Employees paid under an 11-12 Pay Plan. An eleven-month employee paid under an 11-12 pay plan, who completes all service required for the designated eleven-month period, shall for such service be paid his or her regular annual salary, adjusted for charges in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of eleven months out of the twelve covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-eleventh of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the eleven-month period which the employee was unable to take because of assigned duties, may, at the discretion of the president, be paid at the monthly rate of one-eleventh of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular eleven-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to one-eleventh of his or her regular salary. (f) Twelve-month Academic Employees and Other Employees. The pay plan for twelve-month academic employees and all employees other than those provided for in the foregoing provisions of this section shall be as follows: (1) Payment shall be made on the scheduled pay day for the service performed during the previous pay period, and (2) Payment shall be based on the employee's established monthly salary, per diem or hourly salary rate, adjusted for any changes in salary rates and time base for the periods covered by such adjustments. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42804. Interim Reduction in Pay Due to Noncompensable Absence. (a) Academic Year Employee. If an academic year employee has any non-compensable absence, there shall be an interim reduction in pay at the end of the pay period in which the noncompensable absence occurred. This reduction shall be at the rate of one two-hundred-tenth of the employee's annual salary in effect during the pay period for each work day the employee was in a non-pay status. If such computation in any one pay period would result in zero or minus pay, the employee, shall be paid at the rate of one two-hundred-tenth of the annual salary for each day actually worked during that pay period. (b) Ten-month Employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter). If a ten-month employee has any noncompensable absence, there shall be an interim reduction in monthly pay at the end of the pay period in which the noncompensable absence occurred. This reduction shall be at the rate of one twenty-first in the case of a twenty-one day pay period and one twenty-second in the case of a twenty-two day pay period for each work day the employee was in a non-pay status. (c) Ten-month Employees Paid Under a 10-12 Pay Plan. If a ten-month employee paid under a 10-12 pay plan has had a noncompensable absence, there shall be an interim reduction in pay at the end of the pay period in which the noncompensable absence occurred. That reduction shall be calculated as prescribed in subdivision (b) of this section. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42805. Settlement Payments. (a) When and to whom paid. Any academic year employee and any ten-month employee paid under a 10-12 pay plan shall receive a settlement payment in the following events: (1) If there has been an interim reduction in pay pursuant to Section 42804 due to a noncompensable absence, a settlement payment shall be required at the completion of the period of service, or upon termination of the assignment for any reason, whichever event occurs earlier. (2) If the employee serves less than the complete period of service covered by the assignment, a settlement payment shall be required upon termination of the assignment for any reason. (3) If the total time required for completion of the period of service is changed, a settlement payment shall be required upon completion of the period of service. (4) If the employee is transferred to service in a position falling under a different period of service or pay plan, a settlement payment shall be required upon termination of service in the previous position. (5) The settlement payment shall be made to the employee on the state pay day immediately following the date described in the foregoing subsections when the settlement payment is required. (b) Academic Year Employee. When required, the amount of a settlement payment which shall be paid to an academic year employee shall be equal to the difference between the total salary earned and the total amount previously paid to the employee for the period of service. Full pay shall be allowed for each semester or quarter for which all required service has been completed. For each semester or quarter for which the employee served less than the complete period of service, the settlement payment shall be computed by determining the amount that bears the same ratio to one-half (for a semester) or one-third (for a quarter) of the employee's total annual salary, adjusted for any changes in salary rate and time base for the periods covered by such adjustments, as the total number of workdays served by the employee bears to the total number of workdays in the semester or quarter. The same computation shall be used if he total employment time required of an employee in an academic year position or positions is changed. (c) Ten-Month Employee. When required, the amount of a settlement payment which shall be paid to a ten-month employee shall be equal to the difference between the total salary earned and the salary previously paid to the employee for the period of service. The total salary earned is that amount which bears the same ratio to his or her regular annual salary for the position, adjusted for any changes in salary rate and time base for the periods covered by such adjustments, as the number of workdays served bears to the total number of workdays in the ten-month period. The same computation shall be used if the total employment time required of an employee in a ten-month position or positions is changed. (d) Ten-Month Employees Paid Under a 10-12 Pay Plan. When required, the amount of a settlement payment which shall be paid to ten-month employees serving in ten-month assignments under a 10-12 pay plan shall be computed in the same manner as prescribed in subdivision (c) of this section. (e) Report to Controller. The final settlement payment shall be computed by the campus and notification of the amount due furnished to the Controller. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42805.5. Effective Date. s 42806. Certification by Employee. (a) Notwithstanding any provision in this Chapter 1 to the contrary, whenever in the judgment of a campus president, it is necessary to do so in order to obtain accurate information for attendance and payroll reporting purposes, such president may require all employees in any attendance reporting unit the president may designate to certify the amount of time worked, including, in the case of academic employees, all class assignments which were met and conducted, and all class assignments which were not met and conducted, during each pay period. Except as otherwise provided in this section, this certification shall be a condition to payment for the particular pay period in the case of all employees in any attendance reporting unit so designated. (b) The certification required by this section shall be in such form and detail as the president shall prescribe. (c) The section shall not apply to vacation or settlement payments, or to payments on leaves of absence with pay pursuant to Article 5 (commencing with Section 43000) of this Subchapter 7, or to payments on special leaves for research or creativity pursuant to Article 5.1 (commencing with Section 43050), of this Subchapter 7. (d) The president may authorize exceptions to the requirements of this section in individual cases where owing to assignments out of California, illness or similar reasons, an undue hardship would otherwise result. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42850. Purpose. It is the purpose of the Board of Trustees in adopting this Article, to implement the authority of the Board to afford employees of the California State University an opportunity to participate in a retirement benefit program which satisfies the provisions of the United States Internal Revenue Code, Section 403(b) as amended. Generally, participation in this program will involve a reduction in the salary of each participating employee in an agreed amount. The amount reduced will be applied as a contribution to a qualified 403(b) plan on behalf of such employee. The Board of Trustees does not necessarily recommend that any individual employee participate in the retirement benefit program authorized by this Article. Rather, the Board is of the view that the decision on whether or not to participate is personal to each employee, who must personally consider and determine the relative merits of the retirement benefit program and its alternatives. The Board is not responsible for and does not warrant any particular tax consequence to employees who elect to participate. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 8950, Education Code. s 42851. Qualified 403(b) Plan Contracts. Qualified 403(b) plan contributions purchased on behalf of employees of the California State University pursuant to this Article shall satisfy the provisions of Internal Revenue Code Section 403(b) as well as California Revenue and Taxation Code Section 17512. The accuracy of all computations, including but not limited to the amount of exclusion allowance, includable compensation, and years of service pursuant to the cited codes shall be the responsibility of the individual employee, or, should the insurance, annuity, or pension plan company undertake such commitment, of the company which provides the qualified 403(b) plan, or both the employee and the company. Such computations shall not be the responsibility of the State of California, the Board of Trustees, nor of any officer or employee of the California State University assigned any duties in connection with the administration of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code. s 42852. Eligible Participation. Any full-time employee, or part-time employee who otherwise qualifies under federal and state tax law and who is participating in the worktime reduction program authorized by Articles 6.3 or 6.4, of the California State University is eligible to participate in the retirement benefit program authorized by this Article, so long as that employee continues to serve on a full-time basis or, for employees in the worktime reduction program, on a part-time basis under that program. Salary earned for special session and extension appointments on less than an annual basis shall not be subject to salary reduction. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code. s 42853. Administration and Implementation. In order to carry out the provisions and policy of this Article, the Chancellor or designee is authorized in the name of the Board of Trustees to: (a) Enter into agreements with any employee of the California State University, subject to Section 42852, for the reduction of the employee's salary and for application of the funds realized by such reduction as contributions to a qualified 403(b) plan on behalf of the employee. The agreements shall contain such other provisions as the Chancellor deems necessary or appropriate in order to carry out the purposes of this Article. (b) Reduce the salary of any employee with whom an agreement is entered pursuant to this Section, in the amount provided in the agreement with the employee. (c) Contribute an amount equal to the reduction in salary to a qualified 403(b) plan on behalf of any employee with whom an agreement is entered pursuant to this Section, from such qualified 403(b) plan provider as the employee shall select from among those designated for the purpose by the Chancellor or designee. The qualified 403(b) plan contract shall be nontransferable and nonforfeitable, except for failure to pay future premiums. (d) Do all other acts deemed by the Chancellor or designee to be necessary or appropriate in order to carry out the purposes of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code. s 42854. Qualified 403(b) Plan. As used in this Article, "qualified 403(b) plan" means investment programs, including annuities and custodial accounts, which qualify for the benefits provided in United States Internal Revenue Code Section 403(b), and California Revenue and Taxation Code Sections 17502.5 and 17512 as they may be from time to time amended, and regulations issued thereunder. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code. s 42900. Classification of Employees for Vacation Purposes. For vacation purposes, each employee of the California State University is classified the same as for pay plan purposes. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42901. Academic Year Employee. (a) Each academic year employee is entitled to earned vacation on days falling between the end of his or her academic year and the beginning of his or her next academic year and on days designated in the local campus calendar as campus academic holidays during his or her academic year, except that the number of campus academic holidays scheduled and observed on regular state workdays which is equal to the number of state holidays on which an academic year employee is required to work is compensating time off for time worked on state holidays. (b) A continuing full-time academic year employee after at least one academic year of full-time service at a campus on quarter system year-round operations may, pursuant to Section 42752, be permitted to take a vacation quarter during the first, second or third quarter of his or her academic year in lieu of vacation between the end of that academic year and the beginning of the next academic year. An academic year employee taking vacation in advance of the completion of his or her academic year shall be obligated to complete his or her academic year of service during the four quarter period or, upon approval of the president, during the next succeeding four quarter period; provided, however, that this obligation shall be further deferred for any period during which the employee is a "person in military service" as that phrase is defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, of the United States (50 App. U.S.C. Section 501, et seq. ). This obligation shall be exonerated by the employee's death or disability. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42902. Vacation Credit. (a) Credit for Full-time Employment. On the first day of the monthly pay period following completion of each qualifying monthly pay period of full-time service, a ten-month or twelve-month academic employee, executive employee, employee serving in an academic-administrative assignment, an employee serving in a class determined by the Chancellor to be equivalent to these classes after appropriate occupational studies and consultation, an employee designated by the Chancellor as confidential under the Higher Education Employer-Employee Relations Act, or a Management Personnel Plan employee shall receive two workdays of credit for vacation with pay. (b) Credit for Less Than Full-time Employment. (1) Part-time Employee. On the first day of the monthly pay period following completion of each qualifying monthly pay period of service, an employee as to whom this section applies shall receive the fractional part of two workdays of credit for vacation with pay equal to the fraction his or her service is to full-time service, except that fractions of credit hours which do not equal one-third hour shall be adjusted to the next higher one-third hour. (2) Hourly Employee. On the first day of the monthly pay period following completion of each 160 hours of paid employment, an employee as to whom this section applies who renders service on an hourly basis shall receive two workdays of credit for vacation with pay. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42903. Employee Not Eligible for Vacation. A person employed in a class determined by the Chancellor to be temporary in nature or in a class restricted to students of the California State University shall not receive credit for vacation with pay for such service. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42904. Other Employees. (a) Credit for Full-Time Employment. An employee as to whom this article does not otherwise provide shall receive credit for vacation with pay according to the following schedule: Vacation Allowance Per Qualifying Length of Qualifying Service .......... Pay Period Yearly Equivalent First 36 mos. (3 yrs.)................. 5/6day 2 weeks 37 mos. thru 72 mos. (6 yrs.).......... 1-1/4 days 3 weeks 73 mos. thru 120 mos. (10 yrs.)........ 1-5/12 days 3 weeks and 2 days 121 mos. thru 180 mos. (15 yrs.)....... 1-7/12 days 3 weeks and 4 days 181 mos. thru 240 mos. (20 yrs.)....... 1-3/4 days 4 weeks and 1 day 241 mos. thru 300 mos. (25 yrs.)....... 1-11/12 days 4 weeks and 3 days 301 mos. and over...................... 2 days 4 weeks and 4 days (b) Credit for Less Than Full-time Employment. Part-time Employees One-Half Time or More. On the first day of the monthly pay period following completion of each qualifying monthly pay period of service, an employee rendering part-time service at one-half time or more shall receive as credit for vacation with pay the fractional part of the vacation allowance specified in the schedule in subsection (a) of this section equal to the fraction his or her service is to full-time service except that fractions of credit hours which do not equal one-third of an hour shall be adjusted to the next higher one-third hour. Part-time Employees Less Than One Half Time. On the first day of the monthly pay period following completion of one qualifying monthly pay period of service, an employee rendering part-time service at less than one-half time shall receive as credit for vacation with pay the fractional part of the vacation allowance specified in the schedule in subsection (a) of this section equal to the fraction his or her service is to full-time service except that fractions of credit hours which do not equal one third of an hour shall be adjusted to the next higher one-third hour. Thereafter, on the first day of the monthly pay period following accumulated qualifying service equal to one complete monthly pay period of full-time service, the employee shall receive credit for vacation with pay as specified in the schedule in subsection (a) of this section. Hourly Employees. On the first day of the monthly pay period following completion of each 160 hours of qualifying service, a person employed on an hourly basis shall receive credit for vacation with pay for one complete monthly pay period as specified in the schedule in subsection (a) of this section. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42905. Computation of State Service. State service for the purpose of determining which vacation accumulation rate in the schedule in subsection (a) of Section 42904 to use shall include all qualifying monthly pay periods of service. Part-time qualifying service at the rate of one-half time or more shall be counted as full-time service. Part-time qualifying service at a rate of less than one-half time shall be accumulated until it is equal to one month of full-time service (e.g., 4 months of one-fourth time service equal one qualifying monthly pay period) at which time it shall be credited to the employee. For purposes of the schedule in subsection (a) of Section 42904, 160 hours of service of an hourly employee equals one qualifying monthly pay period. However, hours worked in a monthly pay period in excess of 160 shall be carried forward to the next accumulation. Not more than 160 hours may be credited in any one pay period. When a person employed half-time or more changes time base to less than one-half time or is changed to an hourly rate employee, or when a person employed less than half-time or on an hourly basis changes time base to half time or more, he or she shall retain qualifying service credit already received and shall continue accumulating qualifying service credit applicable to the new time base. Any time worked by a person employed less than half-time or on an hourly basis which does not equal a month of full-time service, upon a change in time base or return to service following a break in service, shall not be credited to the employee. When any employee changes from less than one-half time to hourly (or vice versa), the service under each time base shall be accumulated until it equals one month of full-time service. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42906. Multiple Positions. (a) An employee holding a position in addition to other full-time employment with the state shall not receive credit for vacation with pay for service in the additional position. (b) When an employee holds two or more less than full-time positions, the time worked in each position shall be combined for purposes of computing credits for vacation with pay but such credits shall not exceed full-time employment credit. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42907. Change in Appointment or Assignment. Any employee having accumulated credit for vacation with pay who is appointed, or assigned or transferred to a position or assignment which does not accumulate credit for vacation with pay shall receive from the accumulating campus a lump sum payment for any accumulated credit for vacation and overtime hours. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42908. Transfer of Vacation. When an employee leaves the employment of one campus or the Chancellor's Office and enters the employment of another campus or the Chancellor's Office, any accumulated vacation credit not paid at the place of prior employment shall be credited to the employee at the new place of employment. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42909. Accumulation and Carry-Over. (a) An employee may accumulate credit for vacation with pay for which vacation is not taken during the calendar year. On January 1st of any calendar year, an employee covered by Section 42902 shall not have a credit for vacation with pay of more than 384 hours; an employee covered by Section 42904 shall not have a credit of more than 272 working hours for 10 or less years of qualifying service or 384 working hours for more than 10 years of such service; a Management Personnel Plan employee shall not have a credit of more than 384 working hours for 10 or less years of qualifying service or 440 working hours for more than 10 years of such service; and a campus President, General Counsel, Vice Chancellor, or Chancellor shall not have a credit of more than 480 hours. (b) Notwithstanding subsection (a) to the contrary, the president of a campus at which an employee is employed, or the Chancellor in the case of all other employees, may permit an employee to carry over more vacation credits than the prescribed maximum when the employee was prevented from taking enough vacation to reduce the credits because the employee (1) was required to work as a result of fire, flood or other similar emergency, (2) was prevented from taking vacation by work the president or the Chancellor, as the case may be, has determined to be of a priority or critical nature over an extended period of time, (3) was absent on full salary for compensable injury, or (4) was prevented by campus rule from taking vacation until December and at that time was unable to take vacation because of illness requiring use of sick leave. This subsection (b) shall not apply to vacation carry over of a campus President, General Counsel, Vice Chancellor, and Chancellor. When verification of past state service requires it, an employee's accumulated credit for vacation with pay shall be adjusted. In such case, any additional credit which exceeds the maximum carry-over limitation shall be used within one year following the qualifying monthly pay period in which credited. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42910. Vacation. The President of the campus in which an employee is employed, or the Chancellor in the case of all other employees, shall determine when the employee shall take vacation which has been acquired in the current year and vacation which has been carried over from prior years. The determination made by the President or Chancellor shall be made after consultation with the employee. The President or Chancellor shall seek to accommodate the employee's needs to the needs of the employment. Vacation, regardless of when it was accumulated, shall be taken as directed by the President or Chancellor. In the event the appointing power does not, during the calendar year, schedule vacation for an employee sufficient to reduce credit for vacation accumulated with pay as of the following January 1 to the amount permitted by Section 42907, the employee may take, as a matter of right, immediately preceding the following January 1 the number of days of accumulated vacation required to reduce such accumulation to the amount permitted by that section. Notwithstanding the authority of the President or Chancellor to determine when vacation shall be taken, an employee who is in the final year of employment prior to service retirement under the Public Employees' Retirement System or the State Teachers' Retirement System may elect not to take vacation carried over from prior years and instead, receive a lump sum payment as of the date of separation, subject to the requirements of Section 42912. As used in this section, "President" or "Chancellor" shall include duly authorized designees of the President or Chancellor, respectively. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42911. Records. The appointing power shall keep, for each employee, a record of vacation credit accumulated and taken. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42912. Payment upon Separation. Upon separation from service without cause an employee shall be paid for accumulated vacation credit without regard to the current carry-over limitation. Accumulation of vacation credit by such an employee shall continue through the last working day for which the employee is entitled to pay or through the date to which lump-sum payment is projected as required in Section 18005 of the Government Code. If this date is such that the employee has sufficient paid working days to qualify a further monthly pay period, vacation with pay shall be given for that monthly pay period. An employee dismissed from service for cause shall accumulate vacation credit only through the date of separation. If this date is such that the employee has sufficient paid working days to qualify the monthly pay period, vacation with pay shall be given for that monthly pay period. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 42913. Effective Date. s 42920. Holidays. The Chancellor for the systemwide staff and the President for each campus shall be responsible for the administration of paid holidays for the employees under their supervision. (a) The following holidays, when not occurring on a Saturday or Sunday, shall be observed on the days specified: (1) January 1 (2) Third Monday in January (Martin Luther King, Jr. Day) (3) March 31 (Cesar Chavez Day) (4) July 4 (5) First Monday in September (Labor Day) (6) November 11 (Veterans Day) (7) Thanksgiving Day (8) December 25 (9) Any other day designated by the Governor of this state for a public fast or holiday. (b) The following days are designated holidays which the Chancellor or President may reschedule to another day consistent with the needs of the campus or systemwide offices: (1) Third Monday in February (President's Day) (2) February 12 (Lincoln's Birthday) (3) Last Monday in May (Memorial Day) (4) September 9 (Admission Day) (5) Second Monday in October (Columbus Day) (6) Personal holiday, to be designated by each employee. The employee may be required to supply reasonable advance notice of intent to take the personal holiday. (c) Any holiday which falls on a Saturday shall be observed on the preceding Friday and any holiday which falls on a Sunday shall be observed on the following Monday. (d) On days when the campuses or systemwide office are observing holidays, particular employees may be required to work to perform necessary services. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 42930. Purpose. An employee who accrues vacation or sick leave credits may voluntarily donate either of those credits to another employee on the same campus, or for employees in the Office of the Chancellor, to another employee in the Office of the Chancellor. To qualify, the recipient employee shall have exhausted all accrued leave credits due to catastrophic illness or injury that has totally incapacitated the employee from work. "Accrued leave credits" include credits for sick leave, vacation, and compensating time off. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 42931. Definition of Catastrophic Illness or Injury. A catastrophic illness or injury is one which has totally incapacitated the employee from work. Catastrophic illness or injury may also include an incapacitated member of the employee's family, if this results in the employee's being required to take time off for an extended period of time in order to care for the family member and the employee has exhausted all of accrued vacation credits and all accrued sick leave credits which may be used for family care. Only donated vacation credits may be used for such family care catastrophic leave. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 42932. Participation and Eligibility. An employee, the employee's representative or the employee's family member shall request participation and provide appropriate verification of illness or injury as determined by the employee's appointing authority. The appointing authority shall determine eligibility to receive donations of vacation and sick leave credits. An incapacitated employee may elect to defer a request to participate during a period of Industrial Disability Leave eligibility. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 42933. Donation. (a) Only vacation and sick leave credits may be donated. Employees may donate a maximum of forty (40) hours of leave credits per fiscal year in increments of one hour or more. Donations are irrevocable. Donated leave credits may be used to supplement Industrial Disability leave, Nonindustrial Disability Insurance or Temporary Disability payments upon the application for these benefit(s) by an eligible employee. The total amount of leave credits donated and used may not exceed an amount sufficient to ensure the continuance of the employee's regular monthly rate of compensation. (b) The total donated leave credits shall normally not exceed an amount necessary to continue the employee for three calendar months calculated from the first day of catastrophic leave. The appointing authority may approve an additional three-month period in exceptional cases. The leave shall not be deemed donated until actually transferred by the appointing authority's recordkeeper to the record of the employee receiving leave credits. Such transfer shall be accomplished at hte end of a pay period, and credits shall be transferred in the order of the dates actually pledged. (c) For employees whose appointments have not been renewed, donated time may not be used beyond the emoployee's appointment expiration date in effect at the beginning of the disability. (d) Unused donated leave crdits may not be used to receive service credit following a service or disability retirement. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 43000. Grants, Purpose and Terms. The Chancellor may grant academic or executive employees or employees serving in an academic-administrative assignment at any campus a leave of absence with pay for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the California State University. The Trustees on recommendation of the Chancellor may grant leaves of absence with pay not to exceed one year to executive employees and those serving in academic-administrative assignments in the Office of the Chancellor. To be eligible for a leave of absence with pay, an applicant must hold a full-time position and have served therein full-time as an academic employee, executive employee, or an employee in an academic-administrative assignment, or any combination thereof, for six consecutive academic years. The length of leaves of absence with pay and the compensation to be paid during such leaves, shall be as provided in this Section. (a) Eligible Employees at Campuses on Quarter Calendars, including academic year employees, 10-month academic employees, and 12-month academic employees: (1) One quarter leave at full pay. (2) Two quarters leave at three-fourths of full pay. (3) Three quarters leave at one-half of full pay. (b) Eligible Employees at Campuses on Semester Calendars, including academic year employees, 10-month academic employees and 12-month academic employees: (1) One semester leave at full pay. (2) Two semesters leave at one-half of full pay. (c) Difference in Pay Leaves. Academic employees who have completed at least six consecutive academic years of service may be granted a leave of absence for one or more quarters or semesters not exceeding one year, with compensation equal to the difference in salary between that received by the person on leave and minimum salary of the instructor rank. (d) These regulations shall remain in effect until adequate funding is approved by the Legislature to provide the sabbatical leaves set forth in the following provisions. When adequate funding is received, the above regulations will cease to exist and the following regulations shall become effective: The Chancellor may grant academic or executive employees or employees serving in an academic-administrative assignment at any campus a leave of absence with pay for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the California State University. The Trustees on recommendation of the Chancellor may grant leaves of absence with pay not to exceed one year to executive employees and those serving in academic-administrative assignments in the Office of the Chancellor. "To be eligible for a leave of absence with pay, an applicant must hold a full-time position and have served therein full-time as an academic employee, executive employee, or an employee in an academic-administrative assignment, or any combination thereof, for the time required in this Section. "(a) Eligible Employees at Campuses on Quarter Calendars. "(1) For academic year employees and 10-month academic employees: "(A) One quarter leave at two-thirds of full pay after completion of two consecutive academic years. "(B) One quarter leave at full pay after completion of three consecutive academic years. "(C) Two quarters leave at two-thirds of full pay after completion of four consecutive academic years. "(D) Two quarters leave at full pay after completion of six consecutive academic years. "(E) Three quarters leave at two-thirds of full pay after completion of six consecutive academic years. "(2) For 12-month employees: "(A) One quarter leave at two thirds of full pay after completion of two consecutive years. "(B) One quarter leave at full pay after completion of three consecutive years. "(C) Two quarters leave at two-thirds of full pay after completion of four consecutive years. "(D) Two quarters leave at full pay after completion of six consecutive years. "(E) Three quarters leave at two-thirds of full pay after completion of six consecutive years. "(b) Eligible Employees at Campuses on Semester Calendars. "(1) For academic year employees and 10-month academic employees: "(A) One semester leave at two-thirds of full pay after completion of three consecutive academic years. "(B) One semester leave at full pay after completion of six consecutive academic years. "(C) Two semesters leave at two-thirds of full pay after completion of six consecutive academic years. "(2) For 12-month employees: "(A) One semester leave at two-thirds of full pay after completion of three consecutive years. "(B) One semester leave at full pay after completion of six consecutive years. "(C) Two semesters leave at two-thirds of full pay after completion of six consecutive years. "(c) Leaves in Residence. An academic employee otherwise eligible for a leave at two-thirds of full pay, pursuant to this Section, may be awarded in lieu thereof, a leave of absence in residence in the California State University, at full pay, provided: "(1) The purpose of such leave is to engage in research, writing, or similar activity; and "(2) The recipient teaches one course of at least 3 units during each semester or quarter of his or her leave. A recipient of a leave pursuant to this subdivision (c) shall have no other teaching, committee, or administrative duties during the period of the leave. "(d) Difference in Pay Leaves. Academic employees who have completed at least 6 consecutive academic years of service may be granted a leave of absence for one or more quarters or semesters not exceeding one year, with compensation equal to the difference in salary between that received by the person on leave and minimum salary of the instructor rank." Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43001. Eligibility and Effect. (a) A full or part-time leave of absence without pay shall not constitute a break in service in qualifying for sabbatical leave. (b) One year or less of a leave of absence without pay taken for the purpose of teaching, research, study, or an assignment determined by the campus president or the Chancellor to be of a nature valuable to the California State University may, at the discretion of the president, after consultation with the faculty, be counted towards eligibility for sabbatical leave. A notation of the basis of the decision shall be made in the employee's official personnel record. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43002. Requisite Position and Assignment. s 43003. Number. (a) The president of each campus is responsible for assuring and certifying to the Chancellor that the number of leaves granted in any one quarter, semester, or year, is not so great in any department, division, or school, or at the campus as a whole as to disrupt the continued and regular course offerings or to affect the quality level of education offered to the students. (b) The granting of leaves of absence as provided in this article shall not exceed existing appropriations available for such leaves. NOTE: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43004. Application. (a) An application for a leave of absence shall be executed by the applicant on a form prescribed by the Chancellor and submitted to the president of the campus accompanied by the action of the appropriate faculty committee. The application shall include or be accompanied by the details of the applicant's plan of study, research, or travel and service together with a statement of the benefits which would accrue to the campus and students thereof from the proposed study, research, or the travel and service. (b) If the president approves the application, the president shall, within such time as the Chancellor shall prescribe, submit the application to the Chancellor together with appropriate justification. (c) The Chancellor shall grant a leave of absence for the purpose of pursuing research, other study or travel only if the Chancellor is satisfied that the applicant is eligible for the leave and will during the leave of absence engage in study or travel of a kind and in an amount which will so improve and update the applicant's capabilities that during future employment of the applicant at the campus such experience will substantially enhance the applicant's value to the California State University and to the students thereof. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43005. Bond, Compensation and Further Leaves. (a) Final approval of an application for a leave of absence to engage in study or travel during or for which the applicant is to receive compensation as provided hereinbefore shall not be granted until the applicant has filed with the Chancellor a suitable bond indemnifying the State of California against loss in the event the employee fails to render service in the California State University following the return of the employee from the leave of absence at the rate of one term of service for each term of leave. The bond shall be in the amount of the total salary computed to become due to the applicant during the applicant's leave of absence, except that in the case of an academic employee on sabbatical leave in residence, pursuant to Section 43000, subdivision (d), in which event the bond shall be in the amount of 4/5 of his or her total salary computed to become due to the applicant during such leave of absence. The bond shall be exonerated if the failure of the employee to return and render the requisite service in the California State University following the employee's leave of absence is not due to the fault of the employee. The obligation to file a bond may be waived by the Chancellor if the Chancellor finds that the interests of the State will be protected by the written agreement of the employee to return to the service of the California State University and render the requisite service therein following the employee's return from the leave of absence. Such agreement shall be accompanied by a statement of assets showing, to the satisfaction of the Chancellor, the employee's capacity to indemnify the State of California against loss in the event that the employee fails, through fault of the employee, to fulfill the agreement. (b) Compensation granted an employee on leave of absence under this article shall be paid during the leave of absence in the same manner as if the employee were not on leave of absence. The bond shall be exonerated if the failure of the employee to return and render the requisite service is not due to the fault of the employee. (c) The Chancellor may, upon recommendation of the President, grant to an employee on leave of absence with pay under this article one leave of absence without pay, which shall not exceed one year, and which shall commence at any time following the completion of leave of absence with pay. In addition, the Chancellor may, upon recommendation of the President, grant to such employee a second leave of absence without pay which shall not exceed one year. Time spent on any leave of absence without pay granted pursuant to this subsection shall not be credited toward the service required by this section following a leave of absence with pay. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43006. Reinstatement. Unless the employee agrees otherwise, at the expiration of a leave of absence granted pursuant to this Article, the employee shall be reinstated in the position held by the employee at the time of the granting of the leave of absence. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43007. Retirement and Continuity of Service. The time during which an employee is on leave of absence with pay pursuant to this Article shall be credited toward retirement in accordance with Education Code Section 89514, and toward any merit salary increases the employee would have received had he not taken the leave of absence. The period of any leave of absence granted under this article shall not be construed as a break in the continuity of service required toward retirement, or toward any salary adjustment. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89514, Education Code. s 43008. Replacements. For each academic employee granted a leave of absence pursuant to Section 43000 there shall be employed a full-time replacement or the equivalent part-time replacements unless the workload is such that the duties of the position vacated can be absorbed wholly or in part by existing staff. Employment of a replacement may be as a lecturer or as a regular academic appointment. The nature of such appointment will be determined by the president in light of whether or not it appears that there will be a continuing need for the services of the individual serving as the replacement. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43050. Grant and Purpose. Within the limitation of funds appropriated therefor, the Chancellor may grant or may authorize any president to grant special leaves for research or creative activity for qualified employees at the campus, as authorized by this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43051. Eligibility, Terms and Further Procedures. The Chancellor may establish (a) standards for eligibility for special leaves for research or creative activity, (b) terms and conditions of such leaves, and (c) procedures and guidelines for the effective implementation of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43052. Obligation to Teach Following Leave. Any academic employee who is granted and who takes a leave pursuant to this Article shall be obligated to teach in the California State University for the equivalent of two terms for each term of such leave, immediately following the conclusion of such leave, provided that the completion of such obligation shall be deferred during periods, following such leave, which, pursuant to the regulations of the Board of Trustees, are taken as vacation, sabbatical leave, or leave of absence without pay; and provided further, that this obligation shall be further deferred for any period during which the employee is a "person in military service" as that phrase is defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, of the United States (50 App. U.S.C. Section 501, et seq.). This obligation shall be exonerated if the failure of the employee to complete such service following the conclusion of the leave, is caused by his or her death or physical or mental disability. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43053. Benefits While on Leave. Except as provided in Section 43052, service by academic employees while on leave pursuant to this Article shall be considered full-time service at the California State University for all purposes. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43095. Military Leave. a. Any campus or administrative office employee who takes a leave of absence to enter military service shall submit the documents and follow the procedures required by the law governing military leaves. All documents required to effect such a leave for a campus employee shall be submitted by the employee to the campus president or designee for approval. Administrative office employees shall submit the documents to the Chancellor or designee for approval. b. An employee is entitled to paid active duty military leave as prescribed by state and federal law. When approved by the Chancellor, an employee on active duty military leave extending beyond the paid entitlement shall receive the difference in pay between military pay and California State University pay for up to an amount of time specified by the Chancellor. The CSU difference in pay acts as a salary supplement to military pay. The limit specified by the Chancellor is in addition to any paid active duty military leave under existing law. If an employee does not return to CSU service within the required time of being released from active duty, the CSU difference in pay salary supplemental shall be treated as a loan that must be repaid to the CSU with interest. Employees on a difference in pay salary supplement continue to receive CSU provided health, dental, and vision benefits at the level current with the leave for the period of time specified by the Chancellor. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89513, Education Code; and Sections 395 et seq ., Military and Veterans Code. s 43100. Leave of Absence Without Pay. An application for a leave of absence without pay shall be submitted by the applicant to the campus president. The campus president may approve such leaves for periods not to exceed a total of two years. A request for an extension of a leave of absence without pay beyond a total of two years may be approved by the campus president for a period of up to one additional year for each request. The number of extensions granted to any one applicant shall be within the discretion of the president. In the case of the staff of the administrative office, the application shall be submitted to the Chancellor for action. This section is not applicable to leaves of absence without pay following a sabbatical leave, pursuant to Subdivision (c) of Section 43005. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89510, 89512, and 89514, Education Code. s 43101. Military Leave. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89513, Education Code. s 43102. Salary Increase Following Leave of Absence Without Pay. The salary of an employee who takes a leave of absence without pay may be increased one step at the conclusion of the leave, if the following provisions are satisfied: (a) The employee was not at the highest step of the salary range for his or her rank at the time the employee began the leave; (b) The step increase would not result in establishing the employee's salary at a level higher than it would have been if the employee had continued at the campus without such leave and had been accorded a merit salary increase based on the employee's performance; (c) The step increase becomes effective on the employee's regular anniversary date next following the employee's return to service; (d) The leave was for the purpose of teaching, research, or other assignment, which is determined by the campus president in the case of an employee of a campus or by the Chancellor in the case of an employee of the Office of the Chancellor, to have been of a nature valuable to the California State University; (e) In the case of an academic employee of a campus, the campus president shall consult with the faculty of the campus with respect to the salary step increase. (f) This section shall not apply to a Management Personnel Plan employee. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43130. Purpose and Definitions. It is the purpose of the Board of Trustees in adopting this Article to implement Government Code Section 19996.20 et seq. and Education Code Section 89557 to provide a voluntary reduced worktime program, to the extent feasible, for full-time employees of the California State University serving in positions in the non-academic, administrative and academic closely related job categories, employees serving in academic-administrative assignments, and Management Personnel Plan employees. "Reduced worktime" means working less than full time and taking a pro rata reduction in salary and benefits. Options available to employees subject to this Article include fewer hours of work per day or fewer days of work per year. These and other variations will be made available to full-time employees on a voluntary basis, where feasible. Permanent full-time employees will derive the primary benefit from participation in this program since only permanent full-time employees retain permanent status when reducing their time base to less than full time. Full-time probationary employees choosing to reduce their time base to less than full time are, upon the reduction, temporary employees and lose the opportunity to gain credit toward permanent status. As used in this Article, "President" means president or designee of a University or College with regard to employees of a State University or College or the Chancellor or designee with regard to employees of the headquarters office. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43131. Eligibility. All full-time employees of the California State University, except peace officers, may request and be considered for participation in the reduced worktime program authorized by this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43132. Salary and Benefits. An employee who has been authorized to participate in the reduced worktime program shall receive the pro rata share of salary and benefits which were available to the employee while serving a full-time position, except those benefits provided under the Public Employees' Retirement Act and under the Public Employees' Medical and Health Care Act. The pro rata share of salary and benefits shall be equal to the full-time salary and full-time level of benefits multiplied by the proportion that the reduced worktime bears to full-time employment. Benefits provided under the Public Employees' Retirement Law and the Public Employees' Medical and Health Care Act shall be provided as authorized in the Law and the Act. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43133. Request for Participation. Each President shall develop procedures for requesting participation in the reduced worktime program which include, as a minimum, the following: (a) The employee shall submit a request for participation in the reduced worktime program to the President in writing by the established deadline; (b) Once the President has received a timely request for participation, the President shall issue to the employee general written information concerning the effect of participation on employment status, compensation and benefits, including health and retirement benefits; (c) If the President approves the request for participation, the employee shall be notified in writing with a statement of the anticipated effect on the employee's status and pay and with any other pertinent information regarding program participation. The employee shall sign and return to the President a copy of the notification as evidence that he or she has received it and has read and understands the effect of participation; (d) If the request for participation is denied, the President shall notify the employee in writing of the reason for denial. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43134. Condition of Participation. Participation in the reduced worktime program authorized by this Article shall be approved if the President determines that the reduction in time base is feasible in terms of the overall management and operation of services and programs. (a) In determining whether participation is feasible, the President shall consider such factors as the following: (1) Participation should not adversely affect provision of service to students or the public or create an unacceptable decline in the timeliness or quality of service rendered; (2) Participation should not remove unique expertise or specialized skill needed to provide a service on a continuing basis during normal working hours; (3) Participation should not reduce the effectiveness of a multipart workflow process by reducing or shifting an integral part of that process performed by the employee; (4) The cost of granting reduced worktime should not involve significant expenditures such as the purchase of additional equipment, acquisition of more office space or renovation of existing space to accommodate more personnel, or other costs which could not be considered incidental or routine; (5) The granting of reduced worktime where the flow of work is heavy or constant should not adversely affect the unit's ability to regularly produce the work in a timely manner; (6) The granting of reduced worktime should not accentuate existing recruitment difficulties in a work unit, and, therefore, have an adverse effect on the ability of the unit to effectively accomplish its work; (7) The granting of reduced worktime should not result in a threat to health, safety, or property; (8) The granting of reduced worktime should not adversely affect provision of office or departmental coverage or other services during assigned hours of operation. (b) Generally, participation will be less feasible for employees who are in positions included in the Management Personnel Plan. (c) If requests for reduced worktime exceed the number that can be granted within these provisions, employees may be selected based on program need. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43134.1. Minimum Time for Participation. Normally, reduced worktime shall be implemented for a minimum of six pay periods and shall begin on the first day of a pay period. Under special circumstances, the President may permit an employee to participate for less than six pay periods. Refusal by the President to grant participation for less than six pay periods shall not be grievable by the employee. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Cod. Reference: Section 89500, Education Code. s 43135. Right to Grieve if Coerced or Unreasonably Denied Participation. Any employee who has had worktime reduced against his or her will, contrary to the intent of this Article, or who has been unreasonably denied the right to participate in this program may file a grievance pursuant to the established employee grievance procedures. Management Personnel Plan employees may appeal any such adverse action in accordance with Section 42728 of this Subchapter. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43136. Effect of Participation on Seniority. Employees who reduce their worktime shall be subject to the same provisions governing layoff as before their reduction in time base. Seniority credits for part-time service after reduction in time base of a permanent employee shall be earned in the proportion that the part-time service bears to full-time employment. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43137. Return to Full-Time Work -Employee Request. Permanent employees participating in the reduced worktime program shall be given first priority to return to full-time employment in the same class upon the written request of the employee to the extent that the President determines that full-time work is available. Employees who refuse an offer of full-time work in their class after requesting to return to full-time work shall have waived their right to return to full-time employment. Temporary and probationary employees who reduce their time base shall not be given priority status nor have a right to return to full-time status. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43137.1. Return to Full-Time Work -Campus Request. Permanent employees participating in the reduced worktime program shall return to full-time employment in the same class at the request of the President if the President decides that it is no longer feasible, as determined in this Article, to continue a position on a reduced worktime basis. The campus shall notify the employee in writing at least 30 days prior to the date the employee is to report to work full time, except that in circumstances which could not be reasonably foreseen, the employee may be required to work full time without prior notice for the duration of the special circumstances. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43138. When Budget Reductions Are Contemplated. If a budget reduction of 1% or more of full-time equivalent positions is contemplated within the California State University by the Board of Trustees or their designees, voluntary participation in this reduced worktime program shall be solicited and encouraged by the President, to the extent that it is feasible, to attempt to preserve employment opportunities through a redistribution of workload. The purpose of this provision is to minimize the necessity for layoffs or other dislocations of careers. This section shall terminate on June 30, 1982 unless the statutory authority therefor is continued beyond that date. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43139. Administration. The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the provisions of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43140. Purpose and Definitions. It is the purpose of the Board of Trustees in adopting this Article to implement Government Code Section 19996.20 et seq. and Education Code Section 89557 to provide a voluntary reduced worktime program, to the extent feasible, for full-time academic teaching employees of the California State University. "Reduced worktime" means working less than full time and taking a pro rata reduction in salary and benefits. Options available to teaching faculty in a reduced worktime program include: (a) reducing the employee's time base; (b) reducing the number of terms taught; or (c) a combination of (a) and (b). Tenured full-time employees will derive the primary benefit from participation in this program since only tenured full-time employees retain tenure status when reducing their time base to less than full time. Full-time probationary employees choosing to reduce their time base to less than full time are upon the reduction, temporary employees and lose the opportunity to gain credit toward tenure. As used in this Article, "President" means president or designee of a California State University or College with regard to employees of a State University or College. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43141. Eligibility. All full-time academic teaching employees of the California State University may request and be considered for participation in the reduced worktime program authorized by this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43142. Salary and Benefits. An employee who has been authorized to participate in the reduced worktime program shall receive the pro rata share of salary and benefits which were available to the employee while serving in a full-time position, except those benefits provided under the Public Employees' Retirement Act and under the Public Employees' Medical and Health Care Act. The pro rata share of salary and benefits shall be equal to the full-time salary and full-time level of benefits multiplied by the proportion that the reduced worktime bears to full-time employment. Benefits provided under the Public Employees' Retirement Law and the Public Employees' Medical and Health Care Act shall be provided as authorized in the Law and the Act. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code.Reference: Section 89500, Education Code. s 43143. Request for Participation. Each President, following the campus' consultative process, shall develop procedures for requesting participation in the reduced worktime program which include, as a minimum, the following: (a) The employee shall submit a request for participation in the reduced worktime program to the President in writing by the established deadline; (b) Once the President has received a timely request for participation, the President shall issue to the employee general written information concerning the effect of participation on employment status, compensation and benefits, including health and retirement benefits; (c) If the President approves the request for participation, the employee shall be notified in writing with a statement of the anticipated effect on the employee's status and pay and with any other pertinent information regarding program participation. The employee shall sign and return to the President a copy of the notification as evidence that he or she has received it and has read and understands the effect of participation; (d) If the request for participation is denied, the President shall notify the employee in writing of the reason for denial. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43144. Condition of Participation. Participation in the reduced worktime program authorized by this Article shall be approved if the President determines that the reduction in time base is feasible in terms of the academic program of the institution. In determining whether participation is feasible, the President shall consider such factors as the following: (a) The reduced workload should not adversely affect the curricular offerings of the department or the institution; (b) The reduced workload should not adversely affect the rate of progress of students through the major in the department or the offering of service courses by the department; (c) The reduced workload should not adversely affect other functions of the department or the institution. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43144.1. Minimum Time for Participation. Normally, reduced worktime shall be implemented for a minimum of one academic year with participation commencing at the beginning of the academic year. Under special circumstances, the President may grant participation for less than one academic year or approve commencement of participation at the beginning of any academic term within the academic year. Refusal by the President to grant participation for less than an academic year or allow participation to commence within the academic year shall not be grievable by the employee. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43145. Right to Grieve if Coerced or Unreasonably Denied Participation. Any employee who has had worktime reduced against his or her will, contrary to the intent of this Article, or who has been unreasonably denied the right to participate in the worktime reduction program may file a grievance pursuant to the established employee grievance procedures. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43146. Effect of Participation on Seniority. Employees who reduce their worktime shall be subject to the same provisions governing layoff as before their reduction in time base. Seniority credits for part-time service after reduction in time base of a permanent employee shall be earned in the proportion that the part-time service bears to full-time employment. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43147. Return to Full-Time Work -Employee Request. Employees participating in the reduced worktime program shall be given first priority to return to full-time employment upon the written request of the employee to the extent that the President determines that full-time work is available. Employees who refuse an offer of full-time work in their assigned teaching service area after requesting to return to full-time work shall have waived their right to return to full-time employment. Temporary and probationary employees who reduce their time base shall not be given priority status nor have a right to return to full-time status. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43147.1. Return to Full-Time Work -Campus Request. Tenured employees participating in the reduced worktime program shall return to full-time employment at the request of the President if the President decides that it is no longer feasible, as determined in this Article, to continue a position on a reduced worktime basis. The President shall notify the employee in writing no later than the end of the sixth week of the last academic term worked. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43148. When Budget Reductions Are Contemplated. If a budget reduction of 1% or more of full-time equivalent positions is contemplated within the California State University and Colleges by the Board of Trustees or their designees, voluntary participation in this reduced worktime program shall be solicited and encouraged by the President, to the extent that it is feasible, to attempt to preserve employment opportunities through a redistribution of workload. The purpose of this provision is to minimize the necessity for layoffs or other dislocations of careers. This section shall terminate on June 30, 1982 unless the statutory authority therefor is continued beyond that date. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43149. Administration. The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the provisions of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43150. Purpose. It is the purpose of the Board of Trustees in adopting this Article to implement the authority of the Board in Education Code Section 89516 to provide certain academic teaching employees, librarians, counselors and student affairs officers the opportunity to request the campus President or designee to reduce their workload while maintaining full retirement or other benefits for which payment by the employee and employer is made as a transition to retirement status as authorized by the law. Although the Board of Trustees does not necessarily recommend participation in this program to all employees, the Board does recognize that there may be advantages in individual cases of making a phased transition to retirement while maintaining full-time service credit. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code. s 43151. Eligibility. Only full-time academic teaching employees, librarians, counselors and student affairs officers who satisfy each of the following conditions may be considered for participation in the workload reduction program authorized by this Article: (a) The employee shall be at least 55 years of age but not more than 66 years of age on the effective date of the reduction in workload; if the employee is a member of the Public Employees Retirement System; or at least 55 years of age but not more than 64 years of age on the effective date of the reduction in workload, if the employee is a member of the State Teachers Retirement System; and (b) The employee shall have been employed full time as an academic employee, librarian, counselor or student affairs officer of the California State University for at least ten years, of which the five years immediately preceding the effective date of the reduction in workload were years of full-time employment; and (c) The employee shall receive no higher salary than the maximum paid to a department chairman. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code. s 43152. Request for Participation. An eligible employee may request participation in the workload reduction program by submitting to the campus President or designee a request in writing no later than six months prior to the effective date of the reduction in workload unless such time period is waived by the President or designee. The President or designee may grant the request if it appears that the employee's participation in the program will be in the best interests of the employee and the campus. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code. s 43153. Condition of Participation. Participation in the workload reduction program authorized by this Article shall be subject to the following conditions: (a) The time base of an employee who has been approved for participation shall be reduced from full time to: (1) two-thirds of full time or such percentage as shall average two-thirds of full time during each year of the employee's participation in the workload reduction program; or (2) one half of full time or such percentage as shall average one half of full time during each year of the employee's participation in the workload reduction program; or (3) one third of full time or such percentage as shall average one third of full time during each year of the employee's participation in the workload reduction program. (b) The employee shall fulfill over the course of each year of participation in the program the appropriate pro rata share of his or her employment obligations and service contributions, including teaching, advisement, committee service, or other assignments which would have been required had the employee continued on a full-time basis. (c) Once an employee is authorized to reduce full-time employment to a percentage specified in subdivision (a), the employee may not revoke such reduced employment and return to full-time employment or any fraction thereof without the approval of the campus President or designee. (d) The maximum period of service at the reduced time base shall not exceed five years and (1) for employees who are members of the Public Employees' Retirement System, such reduced employment shall not extend beyond the 67th birthday of the employee; or (2) for employees who are members of the State Teachers' Retirement System, such reduced employment shall not extend beyond the 65th birthday of the employee. (e) At the conclusion of an employee's maximum period of reduced service, the employee shall normally retire. An employee who does not retire following such period of service shall not return to full-time employment but may continue at the reduced level of employment outside of the workload reduction program authorized in this Article. Benefits accruing from such continued service shall be the same as the benefits which accrue to other part-time employees outside of the program. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code. s 43154. Salary and Benefits. An employee who has been authorized to participate in the workload reduction program shall receive over the course of each year of participation in the program the appropriate pro rata share of the salary which the employee would have received if continued on a full-time basis but shall retain as though employed on a full-time basis all retirement, health, and other benefits for which the employee and employer make the payments that would be required if the employee remained in full-time employment. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code. s 43155. Administration. The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the policy and provisions of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code. s 43170. Purpose. It is the purpose of the Board of Trustees in adopting this Article to provide qualifying tenured faculty the option of part-time service after early retirement, as authorized by applicable statutory provisions, Government Code Section 21155 for members of the Public Employees' Retirement System and Education Code Section 23918 for the members of the State Teachers' Retirement System. Faculty retirants under both systems, with certain exceptions and limitations, may serve in teaching positions with the California State University without reinstatement from retirement or any loss or interruption of retirement benefits. The Board of Trustees does not necessarily recommend such early retirement and subsequent part-time service to all employees. The faculty member is to base his or her election to participate in the program on an individual evaluation of the program's application and merits. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code. s 43171. Eligibility. In addition to satisfying the requirements in either Government Code Section 21155 or Education Code Section 23918, a faculty member who wishes to participate in the Faculty Early Retirement Program must (a) be a tenured member of the faculty; (b) file his or her election to participate in the early retirement program; and (c) apply for and be granted service retirement. Note: Authority cited: Sections 66600, 89030, 89035, and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code. s 43172. Election to Participate. A tenured faculty member who is eligible to retire and elects to participate in the Faculty Early Retirement Program shall file his or her election in writing with the campus president or president's designee no later than six months prior to the beginning of the faculty member's academic year which would otherwise next follow the effective date of his or her service retirement. The president or the president's designee may waive all or a portion of this time period. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code. s 43173. Conditions of Participation, Salary and Benefits. Participation in the Faculty Early Retirement Program shall be subject to the following conditions: (a) Within the limitation set forth in the applicable retirement law for such post-retirement service, retirant shall have the right to continued employment for one term each academic year at the rank held at the time of retirement, unless the employee elects otherwise, until attaining mandatory retirement age or until the conclusion of the academic year in which he or she attains mandatory retirement age. As used in this Article, "mandatory retirement age" means the mandatory retirement age as provided in Government Code Section 20981. Retirant's right to continued employment shall terminate at an earlier date in the event of dismissal for cause, layoff, or failure to meet the employment commitment. For purposes of layoff affecting a retirant's teaching service area, the order for layoff shall be in the inverse order of the retirant's total length of service at the campus, including service before and after retirement. (b) Retirants shall serve during the term of employment determined by the campus. (c) Retirant's time base for service under this Article shall be the same as his or her time base during the academic year immediately prior to retirement. (d) During his or her term of service, a retirant serving full time under this Article shall fulfill his or her employment obligation and service contributions, including teaching, advisement, committee service, and other instructionally related assignments which would be required if such person had not retired, provided that such obligations, contributions, and assignments shall not extend beyond the conclusion of the term of service under this Article. For purposes of such obligations, contributions, and assignments, a retirant shall be deemed a tenured member of the faculty. (e) With the consent of the campus president, a participant in this program may be granted leave without pay for one or more terms in which he or she is scheduled to teach. After electing to participate in this program, a retirant shall be entitled to one leave of absence without pay for a term in which he or she is scheduled to teach if such leave is needed because of the participant's personal illness. No compensated leave of any kind, other than sick leave, shall be allowed participants in this program. The balance of accrued sick leave time of members of Public Employees' Retirement System and State Teachers' Retirement System is converted to service credit at the time of retirement and is therefore not available for use by retirants serving in this program. Retirants serving in the early retirement program shall accrue sick leave benefits in the same manner and subject to the same regulations as other employees of the California State University. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code. s 43174. Administration. The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the policy and provisions of this Article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 21918, Education Code; and Section 21155 Government Code. Note: Authority cited for Article 7 (Sections 43200-43206): Sections 66609, 89030 and 89500, Education Code. s 43300. Probationary Employee Defined. For the purposes of this article a probationary employee is an employee who has been appointed in accordance with the provisions of Education Code Section 89531 or 66609 and who has not completed the probationary period of employment. Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code. s 43301. Probationary Nonacademic Employees. Any probationary nonacademic employee may be separated from service at any time upon written notice of rejection to the employee signed by the appointing power. The employee shall be given written notice of rejection for permanent status, which notice should be given not less than 30 days prior to the date the employee's probationary period ceases. The notice shall be mailed by registered mail, with return receipt requested, to the employee at his or her last known address or it may be delivered to the employee who shall acknowledge receipt of the notice in writing. If the notice is delivered to the employee and the employee refuses to acknowledge receipt thereof, the person delivering the notice shall make and file with the appointing power an affidavit of service thereof. Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code. s 43302. Probationary Administrative Employees. Probationary employees of the Chancellor's Office may be rejected during probationary period, as specified in this Article 8 except that the Chancellor shall act instead of a campus president. Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code. s 43350. Policy. It is the policy of The California State University to require periodic performance appraisals for each permanent, probationary, or Management Personnel Plan employee. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43351. Procedures. Procedures shall be established for periodic performance appraisals of permanent or probationary employees consonant with the policies of the Board of Trustees and the Chancellor. Procedures for performance appraisals of Management Personnel Plan employees shall be consonant with Section 42722 of this Subchapter. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43352. Part-Time Nonacademic Employees. Note: Authority cited: Sections 66600, 66606, 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 43353. Excluded Employees. Note: Authority cited: Sections 66600, 66606, 89030 and 89500, Education Code. Reference: Section 89500, Education Code. s 43400. Disabled Employees Eligible for Disability Retirement. An employee who is a member of the Public Employees' Retirement System, who is credited with at least five years of state service, and who is believed by the appointing power to be disabled, may not be dismissed because of disability unless the employee: (a) Waives the right to retire for disability; and (b) Either: (1) Elects to withdraw retirement contributions; or (2) Elects to permit retirement contributions to remain in the retirement fund with rights to service retirement as provided in Government Code Section 20393. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code. s 43401. Application for Disability Retirement by an Employee. Pursuant to Government Code Section 21023, an employee who is a member of the Public Employees' Retirement System and who is credited with at least five years of state service may make application for disability retirement to the Public Employees' Retirement System. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code. s 43402. Application for Disability Retirement by the Appointing Power. The appointing power shall apply for disability retirement on behalf of an employee as to whom Section 43400 operates to prevent dismissal because of disability. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code. s 43403. Dismissal, Demotion and Reassignment. A permanent, probationary, or Management Personnel Plan employee who is believed by the appointing power to be disabled, and as to whom Section 43400 does not operate to prevent dismissal, may be dismissed because of such disability, and any permanent, probationary, or Management Personnel Plan employee who is believed by the appointing power to be disabled may be demoted or reassigned because of such disability, only if, prior to such dismissal, demotion or reassignment: (a) The appointing power first requests a medical examination as provided in Section 43404; or (b) The employee submits a medical report as provided in Section 43405. Recommendations for dismissal or demotion under this section shall be made by the campus president to the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code. s 43404. Medical Examination. Any permanent, probationary, or Management Personnel Plan employee may be required to submit to medical examination by a physician or physicians designated by the appointing power to evaluate whether or not the employee is disabled from performing the duties of the position. Fees for the examination shall be paid by the appointing power. The examining physician shall make a written report of the examination to the appointing power. A copy of the report shall be provided to the employee. The employee may submit medical reports or other pertinent information to the examining physician or to the appointing power. Failure or refusal of the employee to submit to a medical examination required by the appointing power shall constitute a failure or refusal to perform the normal and reasonable duties of the position. In such event, the absence of an examination shall not prevent the appointing power from submitting an application for disability retirement of the employee, or from commencing disciplinary action pursuant to law. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code. s 43405. Medical Report Submitted by the Employee. In lieu of or in addition to a medical examination as provided in Section 43404, the appointing power may rely upon a medical report from the employee's physician. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code. s 43406. Demotion and Reassignment. If the appointing power, after considering the conclusions of an examination by a physician and any other pertinent information, including any actions of the Public Employees' Retirement System on an application for disability retirement, concludes that a probationary, permanent, or Management Personnel Plan employee whom it believes to be mentally or physically disabled is unable to perform the duties of the employee's present position but is able to perform the duties of another position, either full time or part time, the appointing power may demote or reassign the employee to the other position. The employee may be demoted only with written consent or as otherwise provided by law. An employee who is demoted or reassigned pursuant to this section, shall receive the maximum of the salary range of the class to which the employee is demoted or reassigned, provided that the salary is not greater than the salary the employee received at the time of demotion or reassignment. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code. s 43407. Reinstatement Rights. Upon the request of an employee who is dismissed, demoted, or reassigned pursuant to Sections 43403 and 43406, such employee shall be reinstated to an appropriate vacant position in the same class, in a comparable class, or in a lower related class, if it is determined by the appointing power that the employee is no longer incapacitated for duty. If there is no vacant position to which the employee may appropriately be appointed, the name of the employee shall be placed upon those reemployment lists determined to be appropriate by the appointing power. The appointing power may require the person requesting reinstatement to submit to a medical examination by a physician or physicians designated by the appointing power to evaluate the capacity of the employee to perform the duties of the vacant position. Fees for such examination shall be paid by the appointing power. An employee who fails or refuses to submit to such an examination may not be reinstated as provided in this section. Employees reinstated pursuant to this section shall be required to serve a new probationary period except Management Personnel Plan employees. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code. s 43408. Reinstatement from Retirement. A recipient of a disability retirement allowance who is reinstated from retirement by the Public Employees' Retirement System shall be entitled to reemployment as provided in Government Code Sections 21028 and 21029. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code. s 43409. Voluntary Change in Employment Status. Nothing contained in this article shall be construed to limit the authority of the appointing power with respect to reassignments, disciplinary actions, resignations or other changes in employment status to which the employee consents. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code. s 43410. Disciplinary Action. Except as otherwise specifically provided in this article, nothing contained in this article shall be construed to prevent the dismissal, demotion, or suspension of an employee pursuant to law. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code. s 43420. Delegation of Authority. The Chancellor shall prescribe, and may from time to time revise, rules and procedures for the administration of industrial disability leave benefits in accordance with Chapter 3.5 (commencing with Section 18120) of Part 1 of Division 5 of Title 2 of the Government Code and nonindustrial disability insurance in accordance with Chapter 3.6 (commencing with Section 18135) of Part 1 of Division 5 of Title 2 of the Government Code. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Sections 18128 and 18142, Government Code. Reference: Section 89500, Education Code. s 43500. Notice. Notice of the reassignment of an administrative employee pursuant to Section 66609 of the Education Code shall be in writing signed by the president of the campus, or the Chancellor in the case of the Chancellor's Office. Such notice shall be served on the employee and shall set forth a statement of the employee's right to answer within twenty (20) days and request a hearing on the questions of whether the required procedure was not followed, or of whether the position to which he or she is reassigned is not commensurate with his or her qualifications. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 66609 and 89539, Education Code. s 43501. Hearing Request. An administrative employee reassigned pursuant to Section 66609 of the Education Code may request a hearing by filing a request for such hearing, in writing, with the Chancellor within twenty days (20) of being served with the notice. The request may be on the grounds that the required procedure was not followed or that the position to which the employee is reassigned is not commensurate with his or her qualifications. An impartial hearing board or hearing officer, or both, shall be designated by the Chancellor, and shall hold a hearing and shall recommend to the Chancellor a decision affirming, modifying or revoking the action taken. The Trustees may review and determine the matter in the same manner as provided in Section 42702(1) (2). Except for such review by the Trustees, the decision of the Chancellor shall be final. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 66609 and 89539, Education Code. s 43520. Direct Resolution. In the interest of economy and morale, appropriate effort should be made to resolve disciplinary situations directly with the employee. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540, and 89542.5, Education Code. s 43521. Cause. Employees may be dismissed, demoted, or suspended for cause as provided in Article 2 of Chapter 5, Division 8, Part 55 (commencing with Section 89530) of the Education Code. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code. s 43522. Temporary Suspension. When there is strong and compelling evidence that the presence of an employee on his or her job might create serious problems, if such evidence were subsequently proven to be correct, a president or the Chancellor may temporarily suspend an employee pending investigation and/or the furnishing of formal notice of disciplinary action. Unless earlier terminated by the president or the Chancellor,as the case may be, such temporary suspension shall automatically terminate upon the furnishing of formal notice of disciplinary action, or unless extended as provided by this section 30 days after its commencement, whichever first occurs. The date for such automatic termination of the period of temporary suspension, where no furnishing of formal notice of disciplinary action has occurred, may be extended upon the written statement of the employee addressed to the president or the Chancellor, as the case may be, requesting such extension. Suspension under this section shall not prejudice the case of the employee or any rights he or she may be provided under this article. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code. s 43523. Applications. Any willful misstatement or omission of material facts in an employee's application for employment or other employment document shall be construed as constituting fraud under Section 89535 of the Education Code. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code. s 43524. Disciplinary Actions. (a) Nonacademic and Administrative Employees of a Campus. Disciplinary actions affecting nonacademic and administrative employees of a campus shall be recommended by the president of that campus to the Chancellor. (b) Academic Employees of a Campus. Disciplinary actions affecting academic employees of a campus shall be pursuant to procedures prescribed by Section 43525. (c) Dismissal of Academic Employees with Tenure. Recommendations of a campus President for dismissal of an academic employee with tenure at that campus, shall be made to the Chancellor, and shall be reviewed and action taken pursuant to the procedures prescribed by Section 43525. (d) Employees in the Office of the Chancellor. Dismissal and other disciplinary actions affecting any employee in the Office of the Chancellor, except vice chancellors, shall be carried out by the Chancellor. (e) Definition. As used in this Section, "disciplinary action" means dismissal, demotion or suspension. Note: Authority cited: Sections 66600, 89030, 89035 and 89500 Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code. s 43525. Disciplinary Action Procedures for Academic Personnel. The Chancellor shall prescribe, and may from time to time revise, Disciplinary Action Procedures for Academic Personnel of the California State University which meet the requirements of Education Code Section 89542.5. The Chancellor shall consult as appropriate with respect to such procedures. The Chancellor shall report to the Board on procedures issued or revised pursuant to this Section. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code. s 43526. Disruption of Campus Activities. Notwithstanding any provision in this Subchapter 7 to the contrary, any employee of the California State University who, following appropriate procedures at the campus, is found to have disrupted or to have attempted to disrupt, by force or violence, any part of the instructional program of a campus, or any meeting, recruiting interview or other activity authorized to be held or conducted at the campus may, in the discretion of the President, be disciplined pursuant to Section 89535 of the Education Code. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code. s 43550. Employees Leaving with Reinstatement Rights. The appointing power shall reinstate any employee, who meets all employment requirements and who left his or her classification with reinstatement rights as prescribed by law or by these rules, to a position in the classification which he or she left or the equivalent thereof. Such employees shall not lose any benefits or credit for prior service enjoyed at the time of separation. Note: Authority cited: Sections 66606, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43551. Rehiring. The appointing power may rehire any person who fulfills all employment requirements, who was previously employed at the campuses and who left in good standing. Such persons: (a) shall acquire permanent status in the same manner as new employees. (b) shall be credited with any unused sick leave at the time of previous separation as a regular employee as authorized by Section 19143 of the Government Code. Note: Authority cited: Section 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 19143, Government Code. s 43560. Probationary Period and Award of Tenure. Decisions with respect to the award or denial of tenure to a probationary academic employee as defined in Section 42700, subdivision (1), appointed pursuant to Article 2, Article 2.5, or both, shall be on the basis of full-time service in accordance with the procedures established pursuant to Section 42701 and pursuant to the following provisions: (a) The normal pattern of awarding tenure, except as modified below, shall involve the assessment of a faculty member's performance over a period of four successive academic years, and for those not awarded tenure, a terminal year. (b) The president may determine to award a fifth probationary year appointment. Should it be considered by the end of that year that more time is still necessary to evaluate the probationary academic employee for tenure purposes, the president may award a final sixth probationary year appointment. For those denied tenure following the final probationary year, a terminal year shall be awarded as provided in Subdivision (c) of Section 43561. A probationary academic employee shall not serve more than seven successive full-time years. (c) If the academic employee transfers from an existing campus to a newly established campus under the provisions of Education Code Section 89545, the employee shall be accorded such tenure rights at the newly established campus as the employee had acquired at the existing campus. (d) If a tenured academic employee transfers from one campus to another campus and such transfer is not under the provisions of Education Code Section 89545, the employee may be appointed with tenure or with such credit towards tenure as the president of the campus to which the employee transfers shall determine. (e) If a probationary academic employee transfers from one campus to another campus, and such transfer is not under the provisions of Education Code Section 89545, the employee may be appointed with such credit toward tenure as the president of the campus to which the employee transfers shall determine. (f) If the academic employee is initially appointed to the rank of professor, the employee may be considered for tenure during his or her first academic year, and, not later than June 1 of the employee's second year, he or she shall be notified by the president or designee that the employee will either receive tenure or a terminal year. (g) Notwithstanding any provision in this article to the contrary, the president in special circumstances may award tenure to any probationary academic employee earlier than the normal probationary period otherwise provided in this section, when, following an evaluation of the performance of the faculty member at the campus, the president finds that such early award of tenure is advantageous to the institution. (h) Except as provided in subdivision (c), (d) and (g) of this Section, whenever tenure is awarded to an academic employee, the tenure shall be effective when the academic employee enters upon his or her duties at the same campus at the beginning of the academic year next succeeding the year during which tenure is awarded. (i) If the academic employee is promoted to the rank of assistant professor during his or her probationary period, he or she shall be credited with consecutive probationary years already served at the campus at the rank of instructor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43560.1. Academic Employees Whose Full-Time Service Began Prior to September 1, 1971. Note: Authority cited: Sections 66600, 66606, 66609, 89030, 89500 and 89545, Education Code. s 43560.2. Application of Section 43560 to Certain Employees. s 43560.5. Terminal Dates for Academic Year Employees Who Are Not Reappointed. s 43561. Recommendations, Review and Notice Dates. Recommendations regarding reappointment, tenure and termination shall originate at the department or, where appropriate, at the division level. Such recommendations shall pass through appropriate levels to a final review committee which shall make recommendations to the president. The appropriate faculty shall participate fully at the various stages of the process. The president shall advise the academic employee of his or her decision with respect to reappointment, tenure, or termination in accordance with the dates specified in subdivisions (a) and (b) of this section (which dates are referred to as "notice dates"), and if an employee is not to be retained, the president shall advise the employee when the employee's services will terminate in accordance with subdivision (c) of this section. (a) At campuses not on quarter system year-round operations, each probationary academic employee shall be notified of reappointment, tenure or termination as follows: (1) In the first probationary academic year of full-time service the employee shall be notified not later than March 1 of that academic year that he or she is to be reappointed for a second academic year, is to receive tenure, or is to be terminated at the end of that college year. (2) In the second probationary academic year of full-time service the employee shall be notified not later than December 15 of that academic year that he or she is to be terminated at the end of that college year or is to receive further evaluation and a notice regarding his or her third academic year by June 1 of that academic year. (3) In the second year of full-time service, if the employee is subject to further evaluation and notice as provided in subdivision (a)(2) of this section, the employee shall be notified not later than June 1 of that academic year as to whether his or her subsequent academic year is an additional probationary year or a first year of tenure, or whether he or she is to be terminated at the end of the subsequent college year. (4) In his third or subsequent academic years of full-time service the employee shall be notified not later than June 1 of each of those years as to whether his or her subsequent academic year is an additional probationary year or a first year of tenure, or whether he or she is to be terminated at the end of the subsequent college year. (b) At campuses on quarter system year-round operations, each probationary academic employee shall be notified of reappointment, tenure or termination, as follows: (1) In the first year of full-time service, if the employee's period of four consecutive quarters began with the summer or fall quarter, the employee shall be notified not later than March 1 of that academic year, that he or she is to be reappointed to a second academic year, is to receive tenure, or is to be terminated at the end of that college year. (2) In the first year of full-time service, if the employee's period of four consecutive quarters began with the winter or spring quarter, the employee shall be notified not later than September 1 of that academic year, that he or she is to be reappointed to a second academic year, is to receive tenure, or is to be terminated at the end of that college year. (3) In the second year of full-time service, if the employee's period of four consecutive quarters began with the summer or fall quarter, the employee shall be notified not later than December 15 of that academic year, that he or she is to be terminated at the end of that college year or is to receive further evaluation and notice regarding a third academic year, by June 1 of that academic year. (4) In the second year of full-time service, if the employee is subject to further evaluation and notice as provided in subdivision (b)(3) of this section, the employee shall be notified not later than June 1 of that academic year as to whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year. (5) In the second year of full-time service, if the employee's period of four consecutive quarters began with Winter or Spring Quarter, the employee shall be notified not later than June 1 of that academic year whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year. (6) In the third or subsequent academic years of full-time service, the employee shall be notified not later than June 1 of each of those academic years as to whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year. (c) Probationary academic employees who are not reappointed or awarded tenure shall terminate their services as follows: (1) At the end of the college year during which the notice date occurs for: (A) first year academic employees, (B) second year academic employees at campuses not on quarter system year-round operations, who are not appointed to a third academic year, (C) second year academic employees at campuses on quarter system year-round operations whose periods of four consecutive quarters begin with the summer or fall quarter, who are not reappointed to a third academic year. (2) At the end of the college year next following the college year during which the notice date occurs for: (A) second year academic employees other than those to whom subdivision (c)(1) is applicable, (B) third and subsequent academic year employees. (d) Probationary academic employees serving on 12 month appointments shall gain service credit toward tenure in the same manner as academic year employees at the same campus and shall be subject to the notice dates and termination dates as are applicable to academic year employees at the same campus as specified in this section. Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Section 89534, Education Code. s 43562. Probationary Period, Promotion, and Nonaccruing Assignments. An academic employee who has gained tenure shall be required to serve only one probationary period during employment at a campus. When an academic employee who has tenure is promoted, it shall be deemed that the employee has all rights provided by this article at the new rank. The employee shall not acquire tenure in an academic-administrative assignment or in an executive position. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43563. Leave of Absence Without Pay. (a) A leave of absence without pay taken during a probationary period for an assignment determined by the campus president to be of a nature valuable to the campus shall not constitute a break in service for the purpose of acquiring tenure. One academic year or less of such leaves may, at the discretion of the president, be counted towards the required service for tenure. However, for a probationary period in a leave status to be counted towards eligibility for tenure, an appraisal of such relevant experience must be made and included in the total appraisal of the individual. (b) The president shall determine whether a leave of absence without pay, for reasons other than those indicated in (a) above, shall constitute a break in the probationary period. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43564. Late Reporting for Duties. When the circumstances in the judgment of the campus president warrant, reporting for assigned duties within six weeks after the beginning of an academic year may not interrupt the probationary status or reduce the credit value of the probationary academic year in which the late start of less than six weeks occurred. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43565. Service in Academic -Administrative Assignment and Office of the Chancellor. Service by a probationary academic employee in an academic-administrative assignment at the campus or a limited term of service in the Office of the Chancellor shall be counted toward completion of the academic probationary period at the campus. Service in the Office of the Chancellor by an academic employee with tenure shall not effect the employee's tenure status at the campus from which the employee came. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43566. Notifications of Reappointment, Non-Reappointment, and Award or Denial of Tenure. (a) Notification of all decisions regarding reappointment, nonreappointment and the award or denial of tenure of academic employees shall be in writing and signed by the campus president or designee. (b) The notice of intention not to reappoint a probationary academic employee or not to award tenure, as the case may be, shall be mailed by certified mail, return receipt requested, to the academic employee at his or her last known address, or the notice may be delivered to the academic employee in person who shall acknowledge receipt of the notice in writing. If such notice is delivered to the academic employee and he or she refuses to acknowledge receipt thereof, the person delivering the notice shall make and file with the campus president an affidavit of service thereof, which affidavit shall be regarded as equivalent to acknowledgement of receipt of notice. (c) Reappointment to a succeeding academic year, and the award of tenure, may be accomplished only by notice by the president or designee. Notwithstanding any provision of this article to the contrary, no person shall be deemed to have been reappointed or to have been awarded tenure because notice is not given or received by the time or in the manner prescribed in this article. Should it occur that no notice is received by the times prescribed in this article, it is the duty of the academic employee concerned to make inquiry to determine the decision of the president, who shall without delay give notice in accordance with this section. Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 89500 and 89534, Education Code. s 43567. Grievance Procedure. Nothing in this article shall preclude the use of established grievance procedures for academic personnel concerning any individual action relative to the status of an academic employee. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43568. Notification of Availability. Individuals who are not accorded tenure at a particular campus may ask that other campuses be notified of their availability in the event suitable vacancies exist which are consonant with their particular talents and abilities. Implementation of this section shall be in accordance with procedures established by the Office of the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43569. Notice by Employees. If an academic employee desires to terminate an existing appointment or to decline a reappointment, the employee shall give notice not less than three months if the employee's rank is instructor or assistant professor, and not less than four months if the employee's rank is higher, before the end of his or her duties during the academic year exclusive of a special session; but the employee may properly request a waiver of this requirement in case of hardship or in a situation where he or she would otherwise be denied substantial professional advancement. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43571. Lecturers. (a) The provisions of this article shall not apply to periods of service in the status of lecturer except that full-time service as a lecturer may be counted as service required for tenure not to exceed two years if it has been without break. Tenure may be awarded at the rank of professor based on service as a lecturer only if a two-year tenure period is utilized, as provided in Section 43560, subdivision (f), in which event up to one year of service as lecturer may be credited. (b) A lecturer shall be given written notification no later than 30 calendar days prior to the end of the temporary appointment as to whether the lecturer will receive an appointment for the succeeding term. Failure to be so notified shall not constitute a right to employment in the succeeding term. If a lecturer has not received such notification, inquiry shall be made by the lecturer to the dean of the school. Note: Authority cited: Sections 89030, 89500, and 89534, Education Code. Reference: Sections 89500 and 89534, Education Code. s 43572. Director of Athletics and Athletic Coach. (a) The provisions of this article relating to academic tenure shall not be applicable to periods of service in the classes of Director of Athletics or athletic coach. (b) Appointments to the classes of Director of Athletics or athletic coach shall be made by the president on either an academic year, ten-month or twelve-month basis, and may be renewed on a year-to-year basis, without acquisition of tenure. (c) Individuals who have served without a break in service in the classes of Director of Athletics or athletic coach, or both, and who are appointed to positions in which academic tenure may be gained, may be credited with not more than two years of service in such positions as service required for tenure; provided, that when such an individual is appointed to the position of Professor, he must serve at least one year in probationary status immediately prior to gaining tenure. (d) The provisions of this Section shall not be applicable to probationary academic employees appointed prior to September 1, 1971, provided that at the discretion of the president and at the request of the academic employee, an academic employee who has been serving as a coach or director of athletics, may be appointed under the provisions of Subdivision (b) of this Section. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43580. Probationary Period. If an administrative employee as defined in Section 42700(m), appointed pursuant to Article 2, serves full-time for two years, the said employee shall become a permanent employee on beginning the third year of service subject to reassignment in accordance with Section 66609 and Section 89539 of the Education Code. Employees serving in 10-month positions shall be accorded tenure on beginning their third full term of service. The president shall determine whether a leave of absence without pay shall constitute a break in the probationary period. Note: Authority cited: Sections 66609, 89030, 89035 and 89500, Education Code. Reference: Sections 66609, 89500 and 89539, Education Code. s 43581. Transfer. If an administrative employee is transferred from an existing campus to a newly established campus under the provisions of Education Code Section 89545, such employee shall be accorded tenure rights accumulated as an employee of the existing campus as though the tenure rights had been accumulated as an employee of the newly established campus. He or she is subject to reassignment in accordance with Section 66609 and Section 89539 of the Education Code. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 66609, 89500, 89539 and 89545, Education Code. s 43582. Acquisition of Permanent Status. An administrative employee shall be required to serve only one probationary period to gain permanent status, except when an employee with permanent status is promoted or reassigned to a position with substantially different duties. If the employee does not become permanent in the new position, the employee shall have the right to return to the former class in which permanent status was held. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43583. Service in Office of the Chancellor. Limited-term service by a campus probationary administrative employee in the Office of the Chancellor shall be counted toward completion of the probationary period at the campus from which the employee came. Service in the Office of the Chancellor by a permanent administrative employee of a campus shall not affect the employee's permanent status in the campus from which the employee came. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43584. Service of Employees Transferred Temporarily from Office of the Chancellor. Limited-term service at a campus by a probationary administrative employee who has been transferred temporarily from the Office of the Chancellor to the campus shall be counted toward completion of the probationary period in the Office of the Chancellor. Limited-term service at a campus by a permanent administrative employee who has been transferred temporarily from the Office of the Chancellor to the campus shall not affect the employee's permanent status in the Office of the Chancellor. Persons acquiring tenure as administrative employees at a campus thereby surrender any tenure rights previously held in the Office of the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43585. Notice of Rejection to Probationary Administrative Employee. The president of a campus for campus employees or the Chancellor for employees in the Office of the Chancellor may determine at any time during an administrative employee's probationary period that the employee is to be rejected. Upon making such a determination, the president or the Chancellor shall give notice of rejection to the employee. The notice shall state the assigned date of separation. (a) The notice periods shall be as follows: Following completion of six months or more of continuous service, notice shall be given not less than fifteen days prior to the assigned date of separation; or Following completion of twelve months or more of continuous service, notice shall be given not less than thirty days prior to the assigned date of separation; or Following completion of eighteen months or more of continuous service, notice shall be given no later than the last day of the probationary period, and not less than forty-five days prior to the assigned date of separation. Notwithstanding Section 43580, an administrative employee shall not become a permanent employee on beginning the third year of service if notice of rejection pursuant to this section has been given at any time during the probationary period. (b) When the president or the Chancellor determines that it is in the best interests of the California State University or any campus thereof that a probationary administrative employee should be relieved of any or all of his or her duties following notice of rejection, the president or the Chancellor may designate other duties for the employee, or may direct the employee to take a vacation, or may direct the employee to take a leave of absence with pay. Such designation of other duties, vacation or leave of absence shall not be deemed a disciplinary action or reassignment. (c) The notice of rejection to the probationary administrative employee shall be in writing, signed by the campus president or designee for campus employees, or Chancellor or designee for employees in the Office of the Chancellor, and mailed by certified mail, return receipt requested to the employee at his or her last known address; or the notice may be delivered to the employee in person who shall acknowledge receipt of the notice in writing. If the notice is delivered to the employee who refuses to acknowledge receipt thereof, the person delivering the notice shall file with the campus president or Chancellor as appropriate, a declaration of service thereof, which declaration shall be regarded as acknowledgement of receipt of notice. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43586. Reappointment. After initial appointment, reappointment for the second year during the probationary period shall be automatic unless action of rejection, as outlined in Section 43585, is taken by the campus president or the Chancellor, as the case may be. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43587. Grievance Procedure. s 43588.1. Acquisition of Permanent Status. (a) A nonacademic employee, as defined in Section 42700(o), appointed pursuant to Article 2, and who serves full-time for one year, shall be awarded permanent status on beginning his or her second year of such service. Part-time service performed by such nonacademic employees shall not be credited toward permanent status. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89531, Education Code. s 43588.2. Transfer Rights. (a) If a nonacademic employee transfers from an existing campus or the Office of the Chancellor to a newly established campus under the provisions of Education Code Section 89545, he or she shall be awarded such permanent status or credit toward permanent status at the newly established campus as he or she had acquired at the existing campus. (b) If a permanent nonacademic employee transfers from one campus to another existing campus, and such transfer is not under the provisions of Education Code Section 89545, he or she may be appointed with permanent status or with such credit towards permanent status as the president of the campus to which he or she transfers shall determine. (c) If a probationary nonacademic employee transfers from one campus to another existing campus, and such transfer is not under the provisions of Education Code Section 89545, he or she may be appointed with such credit toward permanent status as the president of the campus to which he or she transfers shall determine. (d) If a nonacademic employee who holds either permanent or probationary status transfers from a campus to the Office of the Chancellor, or from the Office of the Chancellor to an existing campus, he or she shall receive such credit toward permanent status as the new appointing power shall determine. Note: Authority cited: Sections 66609, 89030, 89035 and 89500, Education Code. Reference: Section 89545, Education Code. s 43588.3. Probationary Period. A nonacademic employee shall be required to serve only one probationary period to gain permanent status. If such an employee is promoted to a position with substantially different duties or to a position that requires additional duties and abilities, the employee shall serve an additional probationary period; but if permanent status is not awarded in the new position, the employee shall have the right to return to any class in which he or she had permanent status. A permanent nonacademic employee may, with the employee's consent and the approval of the appointing power, be employed at less than full-time and retain permanent status. Seniority credit and any other credit shall be gained only in the proportion the actual time employed is to full-time employment in the position. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89533, Education Code. s 43593. Academic-Administrative Assignments. Tenure does not apply to academic-administrative assignments. Persons serving in academic-administrative assignments as defined by action of the Trustees in accordance with Section 42700(p) shall retain any tenure rights already earned either as an academic or administrative employee or in the case of probationary employees at a campus may gain tenure in either the academic or the administrative category, depending on the background and service of the employee as follows: (a) Probationary academic employees shall continue to serve their probationary period and may acquire academic tenure at a campus while serving in academic-administrative assignments at the campus or limited-term service in the Office of the Chancellor. (b) Probationary administrative employees shall continue to serve their probationary period and may acquire administrative permanent status while serving in academic-administrative assignments. (c) Employees serving in academic-administrative assignments who immediately preceding such assignment were academic employees with tenure, shall retain their rights as academic employees. (d) Employees serving in academic-administrative assignments who immediately preceding such assignments were administrative employees with tenure, shall retain their permanent status as administrative employees. (e) Persons initially employed in academic-administrative assignments at a campus shall, while serving in such assignments, serve a probationary period toward and may acquire academic or administrative tenure according to the relevance of their assignment and qualifications to either academic or administrative positions. Such employees, if reassigned to academic or administrative positions during their probationary period, shall continue to serve their probationary period according to the requirements of the positions to which they are reassigned. Service time in academic-administrative assignments shall be counted toward tenure in either the administrative or academic category. Employees serving in academic-administrative assignments in the Office of the Chancellor shall earn no tenure or permanent status. Such employees shall retain those rights as acquired elsewhere at the campuses. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43594. Termination of Assignments. Academic-administrative assignments at a campus may be terminated at any time by a president. Academic-administrative assignments in the Office of the Chancellor may be terminated at any time by the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43595. Leave of Absence Without Pay. A leave of absence without pay taken during a probationary period for the purpose of teaching, research, study or an assignment determined by a president to be of a nature valuable to the campus shall not constitute a break in service for the purpose of acquiring tenure and one year or less of such leave may, at the discretion of the president be counted towards the required service for tenure. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43596. Transfer to New Campus. If an employee serving in an academic-administrative assignment is transferred from an existing campus or the Chancellor's office to a newly established campus in accordance with provisions of Education Code Section 89545, such employee shall be accorded such tenure rights at the newly established campus as he or she had previously acquired at the existing campus or acquired prior to service in the Office of the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43600. Designation of Committee of Governing Body. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code. s 43601. Form and Service of Order to Employee. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code. s 43602. Meetings. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code. s 43603. Counsel. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code. s 43604. Conduct of Proceedings. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 23922 and 89509, Education Code; and Section 20983.5, Government Code. s 43660. Purpose. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code. s 43661. Scope and Definition. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code. s 43662. Failure to Request or Receive Certification. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code. s 43663. Initial Certification. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code. s 43664. Recertification. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code. s 43665. Employment Status. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code. s 43666. Temporary Continuance in Employment. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code. s 43667. Delegation. Note: Authority cited: Sections 23922, 66600, 89030, 89035 and 89500, Education Code; and Section 20983.5, Government Code. Reference: Sections 23922 and 89509, Education Code; and Section 20983.5, Government Code.Authority cited: Sections 23922, 66600, 89030, 89035 and 89500, Education Code; and Section 20983.5, Government Code. Reference: Sections 23922 and 89509, Education Code; and Section 20983.5, Government Code. s 43668. Repeal. Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Sections 89030 and 89500, Education Code; Section 12941(a) and 12942, Government Code; Title 29, United States Code, Section 631(d)(100 Stat. 3344).Authority cited: Sections 89030 and 89500, Education Code. Reference: Sections 89030 and 89500, Education Code; Section 12941(a) and 12942, Government Code; Title 29, United States Code, Section 631(d)(100 Stat. 3344). s 43700. Delegation of Authority. The Chancellor or designee is authorized to meet and confer, on behalf of the Board of Trustees, with representatives of employee organizations concerning matters relating to employment conditions, including, but not limited to, wages, hours and other terms and conditions of employment upon request, and shall consider as fully as the Chancellor deems reasonable such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination or recommendation of policy or course of action. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43701. Reports. The Chancellor shall report requests to the Chair of the Board of Trustees and to the Chair of the Committee on Collective Bargaining. Periodically, the Chancellor shall report on such meetings to the Chair of the Committee on Collective Bargaining of the Board of Trustees. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43702. Reservation of Authority. The Chair of the Board of Trustees may, in his or her discretion, cause the Board or a committee thereof to meet and confer with representatives of employee organizations. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43703. Policy for Employee Organizations. The several campuses and the Office of the Chancellor of The California State University will operate under the uniform, systemwide policy governing relationships with employee organizations engaging in organizational activities, provided by Sections 43703 through 43711 of this Article. The Chancellor or the Chancellor's designee shall prescribe and may from time to time revise rules and procedures concerning campus relations with employee organizations. Only employee organizations which have been verified by the Office of the Chancellor in accordance with Section 43710 are entitled to privileges of this policy. Campuses will be informed as to those organizations which have been verified. Persons representing organizations which purport to represent campus employees but which have not been verified, shall be referred to the Office of the Chancellor. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43703.1. Definitions. The following definitions apply to the terms used in Sections 43703 through 43711. (a) "Campus" includes the various work locations of employees of The California State University including the Office of the Chancellor. (b) "Chief Executive Officer" means, in the Office of the Chancellor, the Chancellor or the Chancellor's designee, and on a campus, the President or the President's designee. (c) "Employee organization" means any organization of any kind in which campus employees participate and which exists for the purpose, in whole or in part, of dealing with the employer concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees. An academic senate or other similar academic bodies or divisions thereof shall not be considered an employee organization. (d) "Organizational activities" means any activities engaged in by an employee organization on any campus except for representation of employees in grievances, disciplinary actions, and meet and confer sessions held pursuant to Sections 43700 and 43702 of this Article. (e) "Work time" means time in which an employee is expected to be performing services for the campus. Work time would normally not include scheduled rest breaks and lunch periods. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Government Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43704. Representatives. Employee organization officers and representatives who are not employees of the campus and who desire to carry on organizational activities on the campus must notify the Chief Executive Officer prior to conducting activities on behalf of an employee organization. This notice shall conform to the procedures designated for that purpose by the Chief Executive Officer. Campus procedures may require the identity of the campus visitor, the time of the visit, and the areas to be visited. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43705. Use of Campus Facilities. Use of campus facilities by employee organizations shall not interfere with or disrupt campus business or violate security, safety, or health regulations of the campus. All meetings shall be conducted outside the work time of employees in attendance. If costs for additional maintenance or security are incurred by the use of facilities, such costs shall be borne by the employee organization. Campus offices provided to employees shall not be used by employee organizations for organizational activities. Office space will not be provided to employee organizations. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43706. Display and Distribution of Organizational Materials. Display and distribution of organizational materials may be made only at designated points on the campus. Organizational materials may not be distributed to employees on their work time. An adequate number of designated points, including space on bulletin boards, shall be provided at each campus. This rule does not cover personal apparel items, such as lapel buttons, and automobile bumper stickers placed on private automobiles by their owners. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43707. Campus Mail Services. Subject to reasonable regulations, including charges where additional costs are incurred, representatives of verified employee organizations shall be afforded access to campus mail services and mail boxes for the purpose of distributing materials to employees. All materials distributed under this provision must identify the employee organization which is distributing the materials. One copy of all materials distributed through campus mail services or mail boxes must be directed to the Chief Executive Officer along with the name and telephone number of the representative responsible for the distribution. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43708. Organizational Solicitation. Solicitation by nonemployee representatives of employee organizations shall not occur during work time. Employees may not engage in solicitation for or against employee organizations or for or against issues at times which will interfere with their own work or the work of other employees. In the event that it is not possible for a representative of a verified employee organization to communicate with an employee during non-work times, such employee organization shall be afforded reasonable opportunities as determined by the Chief Executive Officer to communicate with employees so long as such communication does not interfere with the work of the campus or violate security, safety or health requirements. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43709. Use of Campus Equipment. Campus equipment and supplies shall not be used by employee organizations for any purpose. Campus telephones may not be used for organizational activities. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43710. Verification of Employee Organizations. Each employee organization which desires to represent campus employees shall be required to furnish the Office of the Chancellor at the time of initial verification, and subsequently between October 1 and 15 of each year, a written statement containing: (a) The name and address of the employee organization, its parent body, if any, and its affiliates, if any. (b) The names and addresses of the employee organization's principal officers and all representatives who are authorized to represent the organization, specifying to which campus(s) each officers and representative's authority applies. (c) A description of the employee classifications the employee organization is seeking to represent. (d) A copy of the Constitution and By-laws of the organization, its parent body, if any, and its affiliates, if any. (e) A statement that one of the organization's purposes is the representation of CSU employees concerning, in whole or in part, grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees. Employee organization shall promptly amend these written statements during each year as changes occur. The Office of the Chancellor will notify each campus of the filings concerning the campus. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43711. Violation of Policy: Hearings. Employee organizations which do not comply with Sections 43703 through 43711 or with campus rules promulgated to implement them may be denied any or all privileges provided for in this policy. The Chancellor or the Chancellor's designee, hereinafter referred to as the Reviewing Officer, shall determine noncompliance and the extent to which any privileges shall be revoked for employee organizations who have violated the policies established by Sections 43703 through 43711 of this Article. When the Reviewing Officer has reason to believe that a particular employee organization has violated this policy and that withdrawal of privileges may be called for, the Reviewing Officer may undertake an inquiry. In such cases, the Reviewing Officer, shall notify the employee organization in question and the appropriate Chief Executive Officer, of the possible violation. The Reviewing Officer shall arrange a conference; all parties will be given reasonable notice of the time and place of the conference. The conference shall be called to determine whether violations of the policy have occurred and what, if any, sanctions are appropriate. The employee organization shall be advised of the alleged violations of the policy and of the range of sanctions which may be imposed if the violation is found to have occurred. The Reviewing Officer may demand information from the employee organization or any other individual with information concerning the alleged violation. Employee organizations shall have the right of access to all materials upon which the allegations are based and which the Reviewing Officer considers in making his or her decision. The conference shall be conducted in the manner and format directed by the Reviewing Officer. Following the conference at which the Reviewing Officer considers the allegations and information received, the Reviewing Officer shall make a finding of whether a violation has occurred and determine what, if anything, is appropriate. The Reviewing Officer is authorized to restrict or withdraw privileges granted under this policy. In addition, the Reviewing Officer may also make any other provisions consistent with law as may in the Reviewing Officer's judgment be appropriate with respect to violations, including recommendations for disciplinary, civil, or criminal actions resulting from alleged violations and withdrawal of any other privileges provided to the employee organizations or their officers and representatives. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code. s 43725. Procedures. Meeting and conferring as defined in the Higher Education Employer-Employee Relations Act shall not commence on an initial proposal which relates to matters within the scope of representation until the Board of Trustees has conducted not less than four (4) public meetings scheduled no sooner than seven (7) calendar days from one another. Such meetings shall proceed in a manner to be determined by the Board of Trustees or its designated committee, subject to the following requirements: (a) An initial meeting to present the proposal of an exclusive representative for a particular unit shall be scheduled within a reasonable time by the Board of Trustees or its designated committee. (b) At the first meeting called for a particular representation unit, the exclusive representative shall present its proposal in writing and shall have ten (10) copies of such proposal for members of the Board of Trustees or its designated committee present, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At the time of such presentation, a representative of the exclusive representative may address the Board of Trustees or its designated committee for the purpose of clarifying or amplifying upon any portion of its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a second public hearing. (c) At such second meeting, members of the public shall be given an opportunity to address the proposals presented at the previous meeting. If a member of the public wishes to speak, he or she will be asked but not required to give his or her name, address, name of organization, if any, and on whose behalf he or she is speaking. Members of the public may submit written statements in addition to or in lieu of oral statements. Such written statements shall become a part of the record. At the conclusion of the testimony with respect to the exclusive representative's proposal for a given unit, the Board of Trustees or its designated committee shall schedule a third meeting. (d) At the third meeting, the Board of Trustees or its designated committee shall present management's proposal for the representation unit in question in writing and shall have six (6) copies of such proposal fo the exclusive representative, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At such meeting, the Board of Trustees or its designated committee may, at its discretion, clarify or otherwise explain its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a fourth public meeting. (e) At the fourth meeting, members of the public shall be given an opportunity to address the proposals presented at the third meeting. In all other respects, the rules which govern the second meeting, set forth in subsection (c) hereof, shall govern. (f) After the public has had the opportunity to express itself, the Board of Trustees or its designated committee shall, at the fourth meeting or at an additional public meeting scheduled at the Board of Trustees' or its designated committee's discretion, adopt a proposal including any changes in its initial proposal which it deems appropriate in light of the proceedings described herein. (g) Notwithstanding any other provision of this Article, for all meetings required pursuant to this Article, if the Board of Trustees or its designated committee fails to schedule a meeting, it shall be scheduled by the Chair of the Board of Trustees or of its designated committee. (h) Nothing herein shall preclude the consideration or proposals for more than one representation unit at a particular public meeting. Note: Authority cite: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43726. Procedures -Additional Proposals. If new subjects of meeting and conferring arise after the presentation of the initial proposals, the following procedures shall prevail: (a) All new subjects of meeting and conferring, whether proposed by the exclusive representative of the Board of Trustees or its designated committee, shall be posted by The California State University within twenty-four (24) hours and no meeting and conferring will take place on the subject until the item has been posted for twenty-four (24) hours. (b) If the Board of Trustees or its designated committee votes on any new subject described above, the vote thereon by each member voting shall be disclosed by posting within twenty-four (24) hours. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43727. Definition. For the purpose of this article, "bona fide association" means an organization of employees and/or former employees of the California State University which does not have as one of its purposes the representing of employees in their relations with the California State University or any entity of the State of California. A "bona fide association" may include affirmative action advocacy groups and professional organizations. Note: Authority cited: Sections 89030 and 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code. s 43728. Registration. Each bona fide association shall submit to the Chancellor or designee an annual registration statement on or about July 1 of each calendar year in a form prescribed by the Chancellor or designee. The registration statement shall include the following information: name of the bona fide association, its headquarters address, telephone number, list of principal officers and their mailing addresses. The statement shall also include a written certification that the bona fide association is observing and has observed in the past year the following: (a) The purpose of the association is not to represent California State University employees or any other State employees on matters within the scope of representation; and (b) The association does not have an affiliation with an employee organization of the California State University or any other State entity; and (c) The association is not acting as an employee organization by filing unfair labor practice charges or competing to be an exclusive bargaining agent in unit certification elections of the California State University or any other State entity. The statement shall be accompanied by a copy of the association's bylaws and a statement of the organization's purpose. Note: Authority cited: Sections 89030 and 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code. s 43729. Revocation of Registration. The registration of a bona fide association may be removed by the Chancellor or designee for the following reasons: (a) Determination by the Chancellor or designee that the bona fide association has represented an employee in his or her employer- employee relations with the California State University or an entity of the State of California, or is affiliated with an employee organization of the California State University or any other State entity. (b) Failure of the bona fide association to provide the annual registration statement. (c) Determination by the State Controller that the bona fide association has interfered or failed to cooperate in an employee's request to decline membership or payroll dues deduction. Note: Authority cited: Sections 89030 an 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code. s 43750. Delegation of Authority. The Chancellor shall prescribe, and may from time to time revise Grievance Procedures for Academic Personnel which meet the requirements of Education Code Section 89542.5. The Chancellor shall consult as appropriate with respect to such procedures. The Chancellor shall report to the Board on procedures issued or revised pursuant to this section. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89542.5, Education Code. s 43775. Delegation of Authority. The Chancellor shall prescribe and may from time to time revise grievance procedures for nonacademic and administrative personnel as defined in Section 42700(o) and (m) respectively. The Chancellor shall consult as appropriate with respect to such procedures. These procedures may be utilized for all nonacademic and administrative employees except nonacademic and administrative employees who are temporary employees and shall include nonacademic and administrative employees who are on full or partial leave of absence with or without pay. The Chancellor shall report to the Board on procedures issued or revised pursuant to this section and shall require their publication at the campuses in an appropriate manner. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. s 43800. Amendment. The Trustees retain authority, pursuant to law, to add, amend, or repeal any of their regulations including but not limited to those relating to tenure, layoff, dismissal, demotion, suspension or reinstatement of academic and administrative employees, in whole or in part, at such time as they may choose. Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code. NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the California State University Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations: THE CALIFORNIA STATE UNIVERSITY 401 GOLDEN SHORE, 4TH FLOOR LONG BEACH, CALIFORNIA 90802 FAIR POLITICAL PRACTICES COMMISSION 1100 K STREET SACRAMENTO, CALIFRONIA 95814 ARCHIVES SECRETARY OF STATE 1020 "O" STREET SACRAMENTO, CALIFORNIA 95814 The California State University Conflict of Interest Code is designated as Article 20 of Subchapter 7, Chapter 1, Division 5 of Title 5 of the California Code of Regulations and consists of sections numbered and titled as follows: Article 20. California State University -Conflict of Interest Code Section 43810..... General Provisions Appendix Note: Authority cited: Sections 87300 and 87304 Government Code. Reference: Sections 87300, et. seq., Government Code. s 43825. Memorandum of Understanding. Notwithstanding any other provision of this subchapter, if a Memorandum of Understanding entered into pursuant to the Higher Education Employer-Employee Relations Act is in conflict with provisions in this subchapter, the terms of the Memorandum of Understanding and not the provisions of this subchapter shall govern as to those employees covered by the Memorandum of Understanding. Note: Authority cited: Sections 66600, 89030 and 89500, Education Code. Reference: Section 3560, et seq., Government Code. s 43850. Authority. The regulations adopted under this Subchapter implement the requirements of the California Environmental Quality Act of 1970, and the Statewide Guidelines issued by the Resources Agency, pursuant to Public Resources Code Section 21082. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code. s 43851. Definitions. (a) Environmental Documents. "Environmental Documents" means Draft and Final Environmental Impact Reports, Environmental Impact Statements, Initial Studies, Negative Declarations, Notices of Completion, Notices of Determination, and any other studies, reports, or documents required of the Trustees by environmental legislation or applicable administrative rules. (b) Ministerial Projects. The term "Ministerial Projects" refers to projects in which the Trustees' actions involve only the use of fixed standards or objective measurements without personal judgment. Ministerial projects are not covered by the Environmental Quality Act of 1970; they therefore do not require an environmental study or the preparation of an Environmental Document. (c) Project. (1) The term "Project" refers to the whole of an action, which has a potential for resulting in a physical impact on the environment, directly or ultimately, that is any of the following: (A) An activity directly undertaken by the Trustees including ut not limited to, public works construction or related activities, clearing or grading of land and improvements to existing public structures, which will result in a physical change in the environment; and the adoption of a new campus Master Plan or substantial revisions thereof. (B) An activity undertaken by a person which is supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from the Trustees which will result in a physical change in the environment. (C) The issuance by the Trustees of a lease, permit, license, or other entitlement for use to a person which use will result in a physical change in the environment. (2) The term "Project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "Project" does not mean each separate governmental approval. (3) The term "Project" does not include: (A) Anything specifically exempted by state law. (B) Proposals for legislation to be enacted by the state Legislature other than Trustee requests for authorization of funding independently from the Budget Act. (C) Continuing administrative or maintenance activities such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, academic and other general policy and procedures making (except as they are applied to specific instances covered above), feasibility or planning studies. (D) The submittal of proposals to a vote of the people of the state or of a particular community. (E) Personnel actions. (F) Ministerial projects. (d) Statewide Guidelines. The term "Statewide Guidelines" means the official regulations on environment applicable to all state agencies including the Trustees, as adopted by the Office of Planning and Research and the Secretary for the Resources Agency pursuant to Public Resources Code Section 21083. These regulations may be found in Chapter 3, Division 6 of Title 14, California Administrative Code, commencing with Section 15000. (e) Trustees. As used in this subchapter, "Trustees" refers to the Board designated by Education Code Section 66600 and to the Board's authorized officers acting within the scope of their duties. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code. s 43852. Purpose. The purpose of these regulations is to provide for the principles, procedures, objectives, criteria and definitions to be used by the California State University in implementation of the California Environmental Quality Act of 1970. The orderly evaluation of a project must include consideration of the project's effects, if any, on the environment. This requires that initial studies be made on every project to determine if it will have a significant environmental effect. Environmental Documents will then be prepared and considered as a part of the planning process for all projects. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code. s 43853. Application. These Guidelines have only general application to the diversity of projects undertaken or approved by the Trustees. They provide basic principles, objectives, criteria and definitions which are to be applied to the study of specific projects connected with the Trustees under procedures adopted pursuant to the delegation of authority provided in this Subchapter. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code. s 43854. Statewide Guidelines. Procedures adopted under these Guidelines shall comply with the applicable requirements of the Statewide Guidelines. Note: Authority cited: Sections 66600, 89030, and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code. s 43860. Delegation of Authority. The Chancellor or designee is authorized to adopt such rules, orders, and procedures as may be necessary or appropriate to carry out these guidelines, including but not limited to: (a) The designation of the appropriate officers or employees to conduct initial studies, order, prepare, review and make findings on Environmental Documents, and make such other decisions and determinations as are required under the procedures established by this Subchapter and the Statewide Guidelines. (b) The issuance of new rules or procedures to conform the policies of the Trustees to changes in the Statewide Guidelines or any other requirements of state or federal law. (c) Establishing fees pursuant to Education Code Sections 90500 and 89700, Public Resources Code Section 21089 and the Statewide Guidelines. (d) Making application for the designation of categorical exemptions. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code. s 43861. Designations. Persons designated pursuant to subdivision (a) of Section 43860 are authorized to order, prepare, and review Environmental Documents and to make such findings and determinations as are provided for under the California Environmental Quality Act of 1970, the Statewide Guidelines, and other environmental legislation and administrative rules applicable to the Trustees. Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code. s 43870. Contract Approval. Contracts of the Trustees under the California State University Contract Law (Public Contract Code, section 10700 et seq.) and contracts of the Trustees under section 10295 of the Public Contract Code shall comply with the DVBE provisions of article 1.5 (commencing with section 10115 of chapter 1 of part 2 of division 2 of the Public Contract Code and these regulations. Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code. s 43871. Definitions. As used in these regulations: (a) "Trustees," for the purposes of this subchapter, means the Board of Trustees of the California State University created by section 66600 of the Eduction Code, and includes any division or campus thereof which has been delegated the authority to enter into contracts on behalf of the Trustees, and any person acting under authority of such delegation. (b) "DVBE" means disabled veteran business enterprise. (c) The term "contract" shall have the meaning set forth in section 10115.1 of the Public Contract Code. (d) The term "disabled veteran business enterprise" ( "DVBE") shall mean a business concern meeting the criteria of Military and Veterans Code Section 999(g). (e) "Bidder" means any person or entity making an offer or proposal, competitively or noncompetitively, for the purpose of securing the awarding or letting of a contract by the Trustees. Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115, et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code; and Section 999(g) Military and Veterans Code. s 43872. Disabled Veteran Business Enterprise Goal. In addition to other State contracting requirements, to qualify as a responsive bidder, a bidder may be required to meet the statewide participation goal, or demonstrate that a good faith effort was made to meet it, or, for contracts for materials, supplies, or equipment, including electronic data processing goods and services, have filed prior to the date for submitting an offer or proposal with the Trustees, a disabled veterans business enterprise utilization plan with the Department of General Services. Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code. s 43873. Meeting the Goal or Making a Good Faith Effort. (a) The requirement to meet the DVBE goal or make a good faith effort to meet it must be satisfied, at the time of bid opening, by meeting the provisions of (b) or (c) below. (b) The requirement for meeting the DVBE goal shall be deemed to have been met if a bidder is a disabled veteran business enterprise and committed to performing not less than 3 percent of the dollar amount of the bid with its own forces, or is committed to use DVBEs for not less than 3 percent of the dollar amount of the bid. (c) The requirement for making a good faith effort to meet the DVBE goal shall be determined as follows: the Trustees shall evaluate the effort made by the bidder to seek out and consider disabled veteran business enterprises as potential subcontractors, materials and equipment suppliers, or both in order to meet the requirement set forth in subdivision (b). In evaluating such effort, the Trustees shall consider written evidence of the actions specified in Public Contract Code, section 10115.2(b). Based on this evaluation, the Trustees, in its sole discretion, may make a finding that the good faith effort requirement has been met. Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code. s 43874. Contract Awards. (a) If a bidder fails to meet the "good faith effort" requirement of section 43873 and, for contracts for materials, supplies, or equipment, including electronic data processing goods and services, fails to have filed prior to the date for submitting an offer or proposal with the Trustees a disabled veterans business enterprise utilization plan with the Department of General Services, such bidder shall be deemed not to be a responsive bidder for purposes of Trustees' evaluation of an award of contract and is thus ineligible for an award. No provision of these regulations, however, shall be deemed to require the Trustees to make an award. (b) With respect to invitations for bid for the purchase of supplies or equipment pursuant to the provisions of article 3 of chapter 2 of part 2 of division 2 of the Public Contract Code or the acquisition of goods and services pursuant to the provisions of chapter 3 of part 2 of division 2 of the Public Contract Code (commencing with section 12100) where the Trustees have reserved the right to make multiple awards of a single contract award, a bidder shall be deemed responsive regarding the requirement for the making of a good faith effort if there would be compliance with the provisions of section 43873 based on award for a single contract, notwithstanding such bidder may be unable to achieve compliance with the established goals if the Trustees exercise the right to make multiple awards. (c) The statutory goals for awards of contracts under these provisions shall apply to the overall amount expended each year by the Trustees, and need not be met by every individual contract. Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code. s 43880. Purpose. These regulations implement Sections 999.1-999.9 of the Military and Veterans Code which establish a disabled veteran enterprise participation goal for professional bond services contracts for issuance of bonds by or on behalf of the State of California. Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code. s 43881. Definitions. The terms used in this article shall have the meanings described in Military and Veterans Code, section 999. Note: Authority cited: Section 89030, Education Code; and Section 999.5(c), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code. s 43882. TBE List. The Treasurer maintains a list of target business enterprises (TBE) which include disabled veteran business enterprises (DVBE's). The list is organized by the types of professional bond services (e.g., underwriters, bond counsels, financial advisors). The list shall be known as the "TBE List." The Trustees shall use this list as evidence that TBE's meet the requirements of law. Applications for inclusion on this list, and appeals from determinations of the Treasurer, may be made in accordance with California Code of Regulations, title 2, sections 1899.510 et seq. Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code. s 43883. Competitive Sales. (a) Notices. If bonds are to be sold by competitive bid, the notice of sale shall: (1) Be delivered to all underwriters on the TBE List; (2) Contain, in substance, the following statement: "Firms owned by disabled veterans are encouraged to respond to this invitation for bid. The Trustees have adopted regulations and a participation goal for professional bond services firms owned by disabled veterans. All bidders must certify awareness of these regulations and goal. Successful bidders will be required to submit reports to the Trustees concerning TBE outreach efforts and professional bond service participation in transactions related to the offer and sale of the bonds that are the subject of this notice of sale." (b) Bids. (1) The form for submitting bids shall contain, in substance, the following certification which shall be executed by the bidder: "Bidder certifies that bidder is aware of the Trustees' regulations and participation goal for TBE's offering professional bond services." (2) The Senior Managing Underwriter may make the certification required by subdivision (a) on behalf of the syndicate or selling group. (c) Goals for Competitive Contract. The Trustees' annual goal for TBE participation in competitive contracts for professional bond services shall be 3 percent for disabled veteran business enterprises for each of the professional bond services. This goal need not be met in every competitive bond transaction but will be pursued on an aggregate annual basis considering all competitive bond transactions during a year. This goal will also be described in each notice of sale for bonds to be sold by competitive bid. (d) Reports. The Senior Managing Underwriter in a competitive sale of bonds shall submit a written report regarding distribution of the underwriter's discount to the Trustees within 10 days of closing a transaction where the Senior Managing Underwriter's services were used. Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code. s 43884. Negotiated Sales. (a) Goal. The statutory goal for professional bond services in connection with bonds sold in negotiated transactions need not be met in every individual contract for services but will be pursued on an aggregate annual basis considering all contracts for professional bond services during a year. Thus, during the course of a year, there may be contracts without TBE participation and contracts with TBEs as prime contractor or TBE participation substantially higher than the statutory goal. (b) TBE Qualifications. TBEs shall be considered for only those contracts or participation in contracts commensurate with their experience, capital, and compliance with applicable licensing requirements. (c) Reports. The Senior Managing Underwriter in a negotiated sale of bonds shall submit a written report regarding distribution of the underwriter's discount to the Trustees within 10 days of closing a transaction where the Senior Managing Underwriter's services were used. Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.