89530-89546

EDUCATION CODE
SECTION 89530-89546




89530.  (a) As used in this article, unless the context otherwise
requires:
   (1) "Dismissal" means dismissal for cause.
   (2) "Layoff" means separation from a position for lack of funds or
lack of work.
   (3) "Probation" means the period an employee must serve before
becoming entitled to permanent employment.
   (4) "Permanent" means that the employee has a right to continued
employment unless dismissed or laid off.
   (b) This article does not apply to the California State University
presidents.
   (c) This article does not apply to student assistants.




89531.  (a) Every nonacademic employee shall be appointed for one
year which is a probationary period. On reappointment for the second
year, the employee shall be permanent at the same level and salary
step or higher salary step as at completion of the probationary year.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89532.  (a) All vacant or newly established nonacademic positions
shall, as far as consistent with federal, state, and campus
affirmative action guidelines and the best interests of the
California State University, be filled from qualified nonacademic
employees currently employed by the California State University.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89533.  (a) Any nonacademic employee shall be required to serve only
one probationary period to gain permanent status in a position or in
a substantially similar position. If such an employee is promoted to
a position with substantially different duties or to a position that
requires additional duties and abilities, he shall serve an
additional probationary period; but if he does not become permanent
in the new position, he shall have the right to return to any class
in which he was permanent or to the class in which he was serving
before his promotion. An employee who is promoted before he completed
the probationary period in the lower class and is returned to such
class without having become permanent in the new position shall
receive credit toward permanent status in the lower class for the
period of time he had previously performed satisfactorily therein. An
employee who is promoted before he completed the probationary period
in the lower class shall earn permanent status in the lower class at
the end of one year from the original appointment date in the lower
class, provided the duties in the higher class are substantially
similar to the duties in the lower class and the employee's
performance in both classes has been satisfactory.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89534.  (a) The trustees shall adopt rules prescribing the form,
time and method of notice of rejection at any time during the
probationary period to any probationary nonacademic employee, or
notice of intention not to recommend reappointment of an academic
employee for the succeeding year to any such employee not having
permanent status.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89535.  Any permanent or probationary employee may be dismissed,
demoted, or suspended for the following causes:
   (a) Immoral conduct.
   (b) Unprofessional conduct.
   (c) Dishonesty.
   (d) Incompetency.
   (e) Addiction to the use of controlled substances.
   (f) Failure or refusal to perform the normal and reasonable duties
of the position.
   (g) Conviction of a felony or conviction of any misdemeanor
involving moral turpitude.
   (h) Fraud in securing appointment.
   (i) Drunkenness on duty.



89536.  Any permanent or probationary employee who is physically or
mentally unfit for the position occupied may be suspended, demoted,
or dismissed pursuant to the provisions of Sections 89538, 89539, and
89540.


89536.1.  (a) If, after considering the conclusions of a medical
examination or medical reports from an employee's physician or other
pertinent information, the trustees determine that the employee is
unable to perform the work of his or her present position or any
other position in the state university system, and the employee is
eligible for, and does not waive the right to, retire for disability,
the trustees shall file an application for disability retirement on
the employee's behalf. The trustees shall give the employee 15 days'
written notice of their intention to file the application and a
reasonable opportunity to respond prior to the filing of the
application. However, the decision to file the application is final,
and is not appealable to the State Personnel Board.
   (b) Notwithstanding Section 21153 of the Government Code, upon
filing the application for disability retirement, the trustees may
remove the employee from his or her job and place the employee on
involuntary leave status. The employee may use any accrued leave
during the period of the involuntary leave. If the employee's leave
credits and programs are exhausted, or if they do not provide
benefits that are at least equal to the estimated retirement
allowance, the trustees shall pay the employee an additional
temporary disability allowance so that the employee receives payment
that is equal to the estimated retirement allowance. The trustees
shall continue to make all employer contributions to the employee's
health insurance plan during the period of involuntary leave.
   (c) If the application for disability retirement is subsequently
granted, the retirement system shall reimburse the trustees for the
temporary disability allowance, which shall be deducted from any back
disability retirement benefits that are otherwise payable to the
employee. If the application is denied, the trustees shall reinstate
the employee to his or her position, with back salary and benefits,
less any temporary disability allowance paid by the trustees. The
trustees shall also restore any leave credits that the employee used
during the period of the involuntary leave.



89537.  "Unprofessional conduct" as used in Section 89535 includes,
but is not limited to, willful advocacy of the overthrow of the
government of the United States or of the state, by force, violence
or other unlawful means, either on or off the campus.
   If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89538.  (a) Notice of dismissal, demotion, or suspension for cause
of an employee shall be in writing, signed by the chancellor or his
or her designee and be served on the employee. The notice shall set
forth a statement of causes, the events or transactions upon which
the causes are based, the nature of the penalty and the effective
date, and a statement of the employee's right to answer within 30
days and request a hearing before the State Personnel Board.
   (b) Notice of the reassignment of an administrative employee
pursuant to Section 66609 shall be in writing, and shall be served on
the employee. The notice shall set forth a statement of the employee'
s right to answer within 30 days and request a hearing before the
trustees. This hearing shall be only on the question of whether the
position to which the employee is reassigned is commensurate with his
or her qualifications.



89539.  (a) (1) Any employee dismissed, suspended, or demoted for
cause may request a hearing by the State Personnel Board by filing a
request, in writing, with the board within 30 days of being served
with the notice.
   (2) The request may be on any one or more of the following
grounds:
   (A) The required procedure was not followed.
   (B) There is no ground for dismissal, suspension, or demotion.
   (C) The penalty is excessive, unreasonable, or discriminatory.
   (D) The employee did not do the acts or omissions alleged as the
events or transactions upon which the causes are based.
   (E) The acts or omissions alleged as the events or transactions
upon which the causes are based were justified.
   (b) The State Personnel Board shall hold a hearing, following the
same procedure as in state civil service proceedings, and shall
render a decision affirming, modifying, or revoking the action taken.
In a hearing, the burden of proof shall be on the party taking the
dismissal action.
   (c) An administrative employee reassigned pursuant to Section
66609 may request a hearing by the trustees by filing a request for a
hearing, in writing, with the trustees within 30 days 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. The trustees shall hold a hearing, and shall render a
decision affirming, modifying, or revoking the action taken.
   (d) The State Personnel Board may bill the California State
University for the costs incurred in conducting hearings involving
employees of the California State University pursuant to Sections
89535 to 89542, inclusive.


89539.1.  An employee who has been served with notice of dismissal,
suspension, or demotion for cause, or a representative designated by
the employee, shall have the right to inspect any documents in the
possession of, or under the control of, the trustees that are
relevant to the action taken or that would constitute "relevant
evidence," as defined in Section 210 of the Evidence Code.



89539.2.  (a) Any party claiming that his or her request for
discovery pursuant to Section 89539.1 has not been complied with may
serve and file a petition to compel discovery with the Hearing Office
of the State Personnel Board, naming as the respondent the party
refusing or failing to comply with Section 89539.1. The petition
shall state facts showing that the respondent failed or refused to
comply with Section 89539.1, a description of the matters sought to
be discovered, the reason or reasons why the matter is discoverable
under Section 89539.1, and the ground or grounds for the respondent's
refusal so far as known to the petitioner.
   (b) (1) The petition shall be served upon the respondent, and
filed within 14 days after the respondent first evidenced his or her
failure or refusal to comply with Section 89539.1, or within 30 days
after the request was made and the party has failed to reply to the
request, whichever period is longer. However, no petition may be
filed within 15 days of the date set for commencement of the
administrative hearing, except upon a petition and a determination by
the administrative law judge of good cause. In determining good
cause, the administrative law judge shall consider the necessity and
reasons for the discovery, the diligence or lack of diligence of the
moving party, whether the granting of the petition will delay the
commencement of the administrative hearing on the date set, and the
possible prejudice of the action to any party.
   (2) The respondent shall have a right to file a written answer to
the petition. Any answer shall be filed with the Hearing Office of
the State Personnel Board and the petitioner within 15 days of
service of the petition.
   (3) Unless otherwise stipulated by the parties and as provided by
this section, the administrative law judge shall review the petition
and any response filed by the respondent, and issue a decision
granting or denying the petition within 20 days after the filing of
the petition. Nothing in this section shall preclude the
administrative law judge from determining that an evidentiary hearing
shall be conducted prior to the issuance of a decision on the
petition. In the event that a hearing is ordered, the decision of the
administrative law judge shall be issued within 20 days of the
closing of the hearing.
   (4) A party aggrieved by the decision of the administrative law
judge may, within 30 days of service of the decision, file a petition
to compel discovery in the superior court for the county in which
the administrative hearing will be held or in the county in which the
headquarters of the trustees is located. The petition shall be
served on the respondent.
   (c) If, from a reading of the petition, the court is satisfied
that the petition sets forth good cause for relief, the court shall
issue an order to show cause directed to the respondent; otherwise
the court shall enter an order denying the petition. The order to
show cause shall be served upon the respondent and his or her
attorney of record in the administrative proceeding by personal
delivery or certified mail, and shall be returnable no earlier than
10 days from its issuance nor later than 30 days after the filing of
the petition. The respondent shall have the right to serve and file a
written answer or other response to the petition and order to show
cause.
   (d) The court may, in its discretion, order the administrative
proceeding stayed during the pendency of the proceeding, and, if
necessary, for a reasonable time thereafter to afford the parties
time to comply with the court order.
   (e) If the matter sought to be discovered is under the custody or
control of the respondent and the respondent asserts that the matter
is not a discoverable matter under Section 89539.1, or is privileged
against disclosure under Section 89539.1, the court may order lodged
with it matters that are provided in subdivision (b) of Section 915
of the Evidence Code, and shall examine the matters in accordance
with the provisions thereof.
   (f) The court shall decide the case on the matters examined by the
court in camera, the papers filed by the parties, and any oral
argument and additional evidence as the court may allow.
   (g) Unless otherwise stipulated by the parties, the court shall,
no later than 45 days after the filing of the petition, file its
order denying or granting the petition. However, the court may, on
its own motion, for good cause, extend the time an additional 45
days. The order of the court shall be in writing, setting forth the
matters or parts the petitioner is entitled to discover under Section
89539.1. A copy of the order shall forthwith be served by mail by
the clerk upon the parties. If the order grants the petition in whole
or in part, the order shall not become effective until 10 days after
the date the order is served by the clerk. If the order denies
relief to the petitioning party, the order shall be effective on the
date it is served by the clerk.
   (h) (1) The order of the superior court shall be final and, except
for this subdivision, shall not be subject to review by appeal. A
party aggrieved by the order, or any part thereof, may, within 30
days after the service of the superior court's order, serve and file
in the district court of appeal for the district in which the
superior court is located, a petition for a writ of mandamus to
compel the superior court to set aside, or otherwise modify, its
order.
   (2) If a review is sought from an order granting discovery, the
order of the trial court and the administrative proceeding shall be
stayed upon the filing of the petition for writ of mandamus. However,
the court of appeal may dissolve or modify the stay thereafter, if
it is in the public interest to do so. If the review is sought from a
denial of discovery, neither the trial court's order nor the
administrative proceeding shall be stayed by the court of appeal
except upon a clear showing of probable error.
   (i) If the superior court finds that a party or his or her
attorney, without substantial justification, failed or refused to
comply with Section 89539.1, or, without substantial justification,
filed a petition to compel discovery pursuant to this section, or,
without substantial justification, failed to comply with any order of
court made pursuant to this section, the court may award court costs
and reasonable attorney's fees to the opposing party. Nothing in
this subdivision shall limit the power of the superior court to
compel obedience to its orders by contempt proceedings.




89540.  If the dismissal, suspension, or demotion or the
reassignment is revoked or modified by the State Personnel Board or
the trustees, the employee shall be restored to his position in
accord with the decision, and shall be paid back salary equal to that
which the employee would have earned if continuously employed in
accord with the decision.



89541.  (a) Absence without leave of an employee, whether voluntary
or involuntary, for five consecutive working days is an automatic
resignation from state service, as of the last date on which the
employee worked.
   An employee may within 90 days of the effective date of such
separation file a written request with the State Personnel Board for
reinstatement. If the appointing authority has notified the employee
of his automatic resignation, any request for reinstatement must be
in writing and filed within 15 days of the service of notice of
separation. Notice may be personally served or it may be served by
mail to the last known residence or business address of the addressee
and is complete on mailing. Proof of service, either personal or by
mail, shall be made by affidavit. Reinstatement may be granted only
if the employee makes a satisfactory explanation to the board as to
the cause of his absence and his failure to obtain leave therefor,
and the board finds that he is ready, able, and willing to resume the
discharge of the duties of his position or, if not, that he has
obtained the consent of his appointing power to a leave of absence to
commence upon reinstatement.
   Any employee so reinstated shall not be paid salary for the period
of his absence or separation or for any portion thereof.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89542.  (a) If a petition to set aside the resignation of any
employee is filed with the State Personnel Board within 30 days after
the last date upon which services to the state university or college
are rendered, or the date the resignation is tendered, whichever is
later, the resignation may be set aside on the ground that it was
given or obtained pursuant to or by reason of mistake, fraud, duress,
undue influence, or that for any other reason it was not the free,
voluntary, and binding act of the person resigning. The State
Personnel Board shall hold a hearing and render a decision on the
petition following the same procedure as in the state civil service
procedures governing resignations from the state civil service.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisons of a memorandum of understanding require the expenditure of
funds, the provisions shall not become effective unless approved by
the Legislature in the annual Budget Act.



89542.5.  (a) The Trustees of the California State University shall
establish grievance and disciplinary action procedures for all
academic employees, including all temporary employees who have been
employed for more than one semester or quarter, whereby all of the
following requirements are satisfied:
   (1) Grievances and disciplinary actions shall be heard by a
faculty hearing committee composed of full-time faculty members,
selected by lot from a panel elected by the campus faculty, which
shall make a recommendation to the president of the state university.
   (2) The grievance or disciplinary hearing shall be open to the
public at the option of the person aggrieved or the person charged in
a disciplinary hearing.
   (3) Each party to the dispute shall have the right of
representation by a faculty adviser or counsel of his or her choice
and to be provided access to a complete record of the hearing.
   (4) If there is disagreement between the faculty hearing committee'
s decision and the state university president's decision, the matter
shall go before an arbitrator whose decision shall be final.
   (5) The costs incurred in arbitration shall be paid by the state
university.
   (6) If the parties cannot agree upon an arbitrator, either party
may petition the Federal Mediation Service, the State Conciliation
Service, or the American Arbitration Association for a list of seven
qualified, disinterested persons, from which list each party shall
alternate in striking three names, and the remaining person shall be
designated as the arbitrator.
   (7) The grievance procedure established pursuant to this section
shall be exclusive with respect to any grievance that is not subject
to a State Personnel Board hearing. In the case of a grievance or
disciplinary action that is subject to a State Personnel Board
hearing, pursuant to Sections 89535 to 89539, inclusive, and Section
89542, the procedures provided for in those sections or those
provided for in this section may be utilized. The academic employee
shall have the choice of which procedures shall be utilized.
   (b) For purposes of this section, a "grievance" is an allegation
by an employee that the employee was directly wronged in connection
with the rights accruing to his or her job classification, benefits,
working conditions, appointment, reappointment, tenure, promotion,
reassignment, or the like. A grievance does not include matters, such
as the salary structure, which require legislative action.
   (c) If a memorandum of understanding is agreed to pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, and it provides for merit pay for academic
employees of the university, the arbitration provisions of this
section shall not apply to grievances concerning merit pay.
   (d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89543.  (a) The trustees shall adopt regulations for determination
of the order in which nonacademic employees shall be laid off for
lack of funds or because of lack of work. To the extent the trustees
shall deem practical such regulations shall provide for layoff in the
inverse order of employment.
   The trustees shall adopt rules governing the reemployment of
nonacademic employees laid off, pursuant to this section. To the
extent the trustees deem practical, such regulations shall include
provision that for a period of five years following layoff, an
employee shall have a preferential right to reemployment in the same
or a comparable position, in the event of a vacancy. This
preferential right shall give the employee laid off the right to
reemployment in a position comparable to that from which he was laid
off over any person not employed at the time the particular employee
was laid off.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the legislature in the annual Budget Act.



89544.  (a) A permanent nonacademic employee may, with his consent
and the approval of the trustees, 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.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89545.  (a) Whenever a new campus of the California State University
is established and an employee is transferred from an existing
campus of the California State University to the newly established
campus before or during the first academic year of the newly
established campus, each employee so transferred shall be entitled to
retain all sickness and injury, all sabbatical and other leave
rights, and all seniority and tenure rights accumulated as an
employee of the existing campus of the California State University as
though the rights had been accumulated as an employee of the newly
established campus of the California State University.
   Whenever the educational program of a newly established campus of
the California State University is, during the first year of its
existence, limited to an off-campus educational program rather than a
regular educational program, any employee transferring from an
existing campus of the California State University to the newly
established campus of the California State University before or
during the first three academic years of the newly established campus
shall be entitled to retain all sickness and injury, all sabbatical
and other leave rights, and all seniority and tenure rights
accumulated as an employee of the existing campus as though the
rights had been accumulated as an employee of the newly established
campus.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



89546.  (a) Every employee of a state university or college shall
have the right to access to all reports, documents, correspondence,
and other material which pertain to the employee which are kept by
the university or college. Each employee shall also have the right to
have another person of the employee's choosing accompany the
employee to inspect the employee's records.
   (b) Upon written request, the employee shall, within 10 calendar
days of the request, be provided an exact copy of all or any portion
the employee desires of any of the items specified in subdivision
(a). The employee shall bear the cost of duplicating such items.
   (c) If, after examination of the records pertaining to the
employee, an employee believes that any portion of the material is
not accurate, relevant, timely, or complete, the employee may request
in writing correction of the record or deletion of the offending
portion, or both. Such request shall include a written statement by
the employee as to the corrections and deletions that the employee
believes need to be made and the reasons therefor. This statement
shall become part of the employee's personnel file.
   (d) Within 21 calendar days of the request for correction of the
record or deletion of the portion of the record objected to, or both,
the president of the state university or college shall either accede
to the employee's request or notify the employee in writing of the
president's refusal to grant the request. If the president refuses to
grant the request, the president shall state the reasons for the
refusal in writing, and the written statement shall become part of
the employee's personnel file.
   (e) The remedies authorized by this section shall be in addition
to any other remedy provided by law.
   (f) Personnel recommendations or decisions relating to the
promotion, retention, termination, or any other personnel action
shall be based primarily on material contained in the employee's
personnel file and open to the employee's inspection. If a personnel
recommendation or decision is based on any reasons not contained in
the employee's personnel file, the party making the recommendation or
decision shall commit those reasons to writing, and the written
statement of those reasons shall become part of the employee's
personnel file.
   (g) Preemployment materials shall be excluded from the
requirements of this section, except as they may be considered in
subsequent personnel actions.
   (h) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.