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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. (continued)