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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 regularannual salary shall not exceed an amount equal to two-tenths of his or her regular annual salary. (continued)