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AB-1651 Community colleges: academic employees: involuntary administrative leave and investigations.(2017-2018)

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Date Published: 04/27/2017 09:00 PM
AB1651:v97#DOCUMENT

Amended  IN  Assembly  April 27, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1651


Introduced by Assembly Member Reyes

February 17, 2017


An act to add Section 87623 to the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


AB 1651, as amended, Reyes. Community colleges: academic employees: involuntary administrative leave and investigations.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state that employ faculty and provide instruction at the community college campuses they operate. Existing law, for purposes of provisions relating to community college employees, defines an “academic employee” as a person employed by a community college district in a type of service, excluding paraprofessional service, for which minimum qualifications have been established, and thus, for this purpose, the term “academic employee” is synonymous with “certificated employee.”
This bill bill, at least 2 business days before an academic employee of a community college is placed on involuntary paid administrative leave or is subject to an investigatory interview or other interrogation related to an allegation or allegations of misconduct, would prohibit an academic employee of a community college from being placed on involuntary administrative leave, including involuntary paid administrative leave, or otherwise investigated without first being require the employee to be provided with a copy of each written complaint related to the proposed involuntary paid administrative leave or allegation of misconduct and the details of the allegation or allegations upon which the investigation or the decision to place the employee on involuntary administrative leave leave or the investigation of the allegation or allegations of misconduct, as applicable, or, if there is no written complaint, a notification in writing of the details of the allegation or allegations upon which the decision to place the employee on involuntary paid administrative leave or conduct the investigatory interview or other interrogation is based, as specified, except as provided in the event of a serious risk of physical danger or other necessity arising from the allegations. specified. The bill would further specify that the parties to an applicable collective bargaining agreement are entitled to negotiate additional policies and procedures relating to the investigation or involuntary paid administrative leave, including involuntary paid administrative leave, leave of an academic employee as long as those policies and procedures are not in conflict with this bill. The bill would provide that the identity of complainants are required to be disclosed only to the extent permitted by a collective bargaining agreement and state and federal privacy laws, including the federal Family Educational Rights and Privacy Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 87623 is added to the Education Code, to read:
87623.

(a)(1)An academic employee shall not be placed on involuntary administrative leave, including involuntary paid administrative leave, or otherwise investigated for an allegation of misconduct, without first being provided a copy of each written complaint related to the proposed involuntary administrative leave or allegation of misconduct and the details of the allegation or allegations upon which the investigation or the decision to place the employee on involuntary administrative leave is based, which shall be provided to the employee at least two business days before either of the following:

(A)The employee is placed on involuntary administrative leave, including involuntary paid administrative leave.

(B)Any investigatory interview or other interrogation of the employee.

(2)For purposes of paragraph (1), if there is no written complaint against the employee, the employee shall instead be notified in writing of the details of the allegation or allegations upon which the investigation or the decision to place the employee on involuntary administrative leave is based within the timeframe specified in paragraph (1).

87623.
 (a) At least two business days before an academic employee is placed on involuntary paid administrative leave, the employee shall be provided a copy of each written complaint related to the proposed involuntary paid administrative leave or, if there is no written complaint, a notification in writing of the details of the allegation or allegations of misconduct upon which the decision to place the employee on involuntary paid administrative leave is based.
(b) (1)The requirements of subdivision (a) do not apply in the event of a serious risk of physical danger or other necessity arising from the allegations, and the employee may immediately be placed on immediate, involuntary paid administrative leave, including involuntary paid administrative leave, or otherwise investigated. leave. The employee shall be provided the information described in subdivision (a) within five business days of the employee being placed on involuntary paid administrative leave.

(2)An employee placed on involuntary administrative leave or otherwise investigated pursuant to paragraph (1) shall be provided the information described in subdivision (a) within five business days of the employee being placed on involuntary administrative leave or otherwise investigated.

(c) At least two business days before an academic employee is subject to an investigatory interview or other interrogation related to an allegation or allegations of misconduct, the employee shall be provided a copy of each written complaint related to that investigation of the employee or, if there is no written complaint, notification in writing of the details of the allegation or allegations upon which the decision to conduct an investigatory interview or other interrogation is based.

(c)

(d) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the investigation or involuntary administrative leave, including involuntary paid administrative leave, leave of an academic employee as long as those policies and procedures are not in conflict with this section.

(d)

(e) For purposes of this section, the identity of complainants shall be disclosed only to the extent permitted by a collective bargaining agreement and state and federal laws relating to privacy, including the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).

(e)

(f) For purposes of this section, “paid administrative leave” means a temporary leave from a job assignment, with pay and benefits intact.