130
AGENDA ITEM BACKGROUND
TO: GOVERNING BOARD
DATE
FROM: PRESIDENT
April 8, 2013
SUBJECT:
Board Policy Revisions: Administrative Services,
First Reading
REASON FOR BOARD CONSIDERATION
ENCLOSURE(S)
Page 1 of 33
ITEM NUMBER
INFORMATION
H.1
BACKGROUND:
The District is in the process of updating Board Policies utilizing the California Community College
League’s model policies as applicable. Attached are Board Policies in the Administrative Services
component presented to the Board for a first reading as listed below:
Board Policy
BP 2090 Evaluation of Administrators/Managers
BP 2100 Confidential Employees
BP 4050 Non-Resident Student Fees-Capital Outlay
BP 4080 Security for District Property
BP 4180 Transportation Service Fee
BP 4330 Emergency Response Plan
BP 4400 College Fees
BP 5000 Commitment to Equal Employment and
Diversity
BP 5010 Anti-Nepotism Policy
BP 5030 Communicable Disease (Tuberculosis Exam)
BP 5035 Criminal History Clearance (Fingerprints)
BP 5050 Family and Medical Leave Policy
BP 5100 Employment Procedures Policy(Academic)
BP 5108 Administrator Assignment to a Faculty Position
BP 5110 Oath or Affirmation of Allegiance Policy
BP 5120 Academic Employees
BP 5140 Extra Assignments
BP 5150 Discipline & Dismissal of Academic Employees
BP 5170 Faculty Senate *
Action
Reviewed
Updated to reflect League Language
Updated to reflect League Language
New
Delete
Updated to reflect League Language
Updated to reflect League Language and
incorporate BP 4180
Updated to reflect League Language
Updated to reflect League Language
Updated to reflect League Language
Updated to reflect League Language
Updated to reflect League Language
Updated to reflect League Language
Updated to reflect League Language
Updated to reflect League Language
Updated to reflect League Language
Deleted
Updated to reflect League Language
Updated to reflect League Language
*Requires Faculty Senate Approval
Continued next page
Board policies are presented as a first reading for Governing Board review and will return for action at
the next Governing Board meeting.
Administrator Initiating Item:
Victoria Lewis
Academic and Professional Matter
If yes, Faculty Senate Agreement
* Senate President Signature
 Yes  No
 Yes  No
Final Disposition
131
Board Policy
BP 5200 Drug Free Campus
BP 5300 Alcohol and Controlled Substances Testing
BP 5500 Classified Employment Procedures Policy
BP 5510 Classified Employee Long Term Illness/Injury
Policy
BP 5530 Disciplinary Procedures Policy (Classified)
BP 5700 Compensation
BP 5710 Reporting of Fraud and Other Improper
Governmental Activities
Action
Reviewed
Reviewed
Reviewed
Reviewed
Updated to reflect League Language
New
Updated to reflect League Language
132
Chapter Two: Administration and Organization
BP 2090
Evaluation of Administrators/Managers
The performance of administrators and managers shall be evaluated and assessed in writing at least once a
year. This annual evaluation shall be reasonably related to the individual’s job description and other
mutually agreed upon activities and related duties and responsibilities.
Legal Reference: None
Adopted: February 1, 1988
Reviewed: May 6, 2013
______________________________________________________________________________________________________
BP 2090
Page 1 of 1
Evaluation of Administrators/Managers
133
Chapter Two: Administration and Organization
BP 2100
Confidential Employees
(League BP 7240)
Consistent with the provisions of Section 3540 of the Government Code, Title 1, Division 4,
Chapter 10.7, the Governing Board recognizes and establishes the classification of Confidential
Employees.
“Confidential Employee” means any employee who is required to develop or present
management positions with respect to in the regular course of his/her duties, has access to or
possesses information relating to the employer’s employee-employer employer-employee
relations or whose duties normally require access to confidential information that is used to
contribute significantly to the development of management positions.
Confidential employees are not provided legal bargaining rights nor are they eligible for
inclusion in a bargaining unit represented by an exclusive representative and the terms and
conditions of their employment are not controlled by any collective bargaining agreement.
Confidential-designated employees However, they are hereby assured the opportunity to meet
and confer informally with the Governing Board’s representatives as described. The terms and
conditions of employment shall be provided by procedures developed by the
Superintendent/President. Confidential employees may be invited to attend appropriate
management workshops. Salaries, fringe benefits, and working conditions for Confidential
employees shall, at minimum, be commensurate with those provided for the District’s classified
unit employees.
Legal Reference: Government Code Section 3540.1(c)
Adopted: February 1, 1988
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 2100
Page 1 of 1
Confidential Employees
134
Chapter Four: Business Services and Operations
BP 4050
Non-Resident Tuition
(League BP 5020)
Nonresident Tuition
Nonresident students shall be charged non-resident tuition for all units enrolled, unless
specifically required otherwise by law.
Not later than February 1 of each year, the Superintendent/President shall bring to the
Board for approval an action to establish nonresident tuition for the following fiscal year.
The fee shall be calculated in accordance with guidelines contained in applicable state
regulations and/or the California Community College Attendance Accounting Manual.
The Superintendent/President shall establish procedures regarding collection, waiver, and
refunds of non-resident tuition.
Capital Outlay Fee
The Superintendent/President is authorized to implement a fee to be charged only to
persons who are both citizens and residents of foreign countries. The Board finds and
declares that this fee does not exceed the amount expended by the district for capital outlay
in the preceding year divided by the total FTES in the preceding fiscal year.
Students who would otherwise be charged this fee shall be exempt if they demonstrate that
they are a victim of persecution or discrimination in the county of which they are a citizen
and resident, or if they demonstrate economic hardship.
Students shall be deemed victims of persecution or discrimination if they present evidence
that they are citizens and residents of a foreign country and that they have been admitted
to the United States under federal regulations permitting such persons to remain in the
United States. Students shall be deemed to have demonstrated economic hardship if they
present evidence that they are citizens and residents of a foreign country and that they are
receiving Temporary Assistance for Needy Families Program, Supplemental Income/State
Supplementary benefits, or general assistance.
A fee shall be charged each student whose legal residence is outside the state of California except
for those who are in the military service.
Non-immigrant students attending under provision of a student visa are considered nonresident
students and shall be charged the fee.
Authority to Determine Residence
The Registrar is charged with evaluating information presented by an applicant and making
_____________________________________________________________________________________________
BP 4050
Page 1 of 2
Non-Resident Tuition
135
determinations of residence in accordance with Board rules and regulations for the purpose of
charging the nonresident student fee.
Amount and Payment of Fees
1. The amount of the fee is set yearly as prescribed by the Chancellor of the Community
Colleges. A full-time program is 30 or more semester units per year.
2. The amount of the fee for less than a full-time program to be paid each semester shall be the
per unit rate as established. For summer session, the per unit rate shall be that established for
the fiscal year in which the summer session ends.
3. The fee shall be paid by each nonresident student, other than those excepted, prior to
registration.
4. Nonresident students, who have been admitted in error to a class or classes without payment
of the fee, shall be excluded from such class or classes until payment is made once
notification that it is due has been given. This notification must be given to the student prior
to the end of the fourth week of the semester.
5. Nonresident students withdrawing from enrollment or reducing their programs may claim a
full or partial fee refund. The petition for a refund must be made in writing to the Dean of
Student Services prior to the end of the fifth full week of the semester.
Legal Reference: Education Code Section 76140
References:
Education Code Sections 68050, 68051, 68130, 68130.5 and 76141;
Title 5 Section 54045.5
Adopted: May 2, 1988
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 4050
Page 2 of 2
Non-Resident Tuition
136
Chapter Four: Business Services and Operations
BP 4080
Security for District Property
(League BP 6520)
The Superintendent/President shall establish procedures necessary to manage, control and
protect the assets of the District, including but not limited to ensuring sufficient security to
protect property, equipment, and information from theft, loss, or significant damage.
References:
Education Code Sections 81600 et seq.
Adopted: May 6, 2013
_____________________________________________________________________________________________
BP 4080
Page 1 of 1
Security for District Property
137
TRANSPORTATION SERVICE FEE
BP 4180
The Governing Board of Cabrillo College shall annually establish Transportation Service Fees in
accordance with Education Code 72248.
Legal Reference: Education Code Section 72248.
Adopted: May 2, 1988
138
Chapter Four: Business Services and Operations
BP 4330
Disaster PolicyEmergency Response Plan
(League BP 3505)
The Superintendent/President is directed to prepare a plan to protect people and the property and
facilities of the Cabrillo Community College District in the event of disaster or emergencies.
The District shall have emergency response and evacuation procedures for notifying the campus
community in the event of a significant emergency or dangerous situation involving an immediate
threat to the health or safety of students or employees occurring on the campus.
The Superintendent/president shall establish procedures that ensure that the District implements a
plan to be activated in the event of an emergency or the occurrence of a natural disaster or
hazardous condition. This plan must comply with the National Incident Management System
(NIMS), the Standardized Emergency Management system (SEMS) and should incorporate the
functions and principles of the Incident Command System (ICS), the Master Mutual Aid
Agreement (MMAA) and any other relevant programs. The plan must incorporate NIMS and
SEMS to facilitate the coordination between and among agencies in the event of an emergency or
natural disaster.
Compliance with NIMS and SMS mandates include, but are not limited to:
 Establishing disaster preparedness procedures or a plan; and
 Completion of training sessions by college personnel in compliance with NIMS and SEMS
guidelines.
Training requirements vary based on job titles or assigned roles within the emergency plan.
College personnel must be informed that as public employees, they are also disaster service workers
during national, state and local emergencies. The District must ensure that its employees are in
compliance with the disaster service worker oath requirements.
The Superintendent/President should ensure that a team is crated to carry out compliance with
NIMS and SEMS mandates. The responses to emergencies or natural disaster are organized by
SEMS into five categories: field response, local government, operational areas, regions and state.
The plan should contain information regarding activation and chain of command responsibilities.
Compliance with NIMS mandates requires planning and incorporation for all phases of emergency
management, including mitigation and prevention, preparedness, response and recovery. The
District must ensure that its plan is updates regularly. Colleges must comply with NIMS and
SEMS to receive state or federal funding.
A.
Statement
It shall be the policy of the Cabrillo Community College District to provide a safe
environment for the students and staff of the District. In order to fulfill this responsibility,
the Governing Board shall establish disaster preparedness procedures, which comply with
_____________________________________________________________________________________________
BP 4330
Page 1 of 2
Disaster PolicyEmergency Response Plan
139
Section 17.1 of Article 3 of Title 5 of the California Administrative Code.
B.
Emergency
It shall be the policy of the Cabrillo Community College District that it will declare as an
emergency the existence of conditions of disaster or extreme peril to the safety staff
members, students and or District property which are or are likely to be beyond the control
of the District services, personnel, equipment, and facilities and may require the combined
forces of other political subdivisions to combat. This shall include such conditions as fire,
flood, storm, epidemic, riot, earthquake, hazardous materials incident, or other like
occurrences other than conditions resulting from a labor controversy. (Government Code
8558)
C.
Disaster Service Workers
All public school employees are disaster service workers and are subject to such activities as
may be assigned to them by their superiors or by law. (Government Code 3100)
D.
Cooperation With Other Agencies
In the event of a disaster, the Cabrillo Community College District shall support and expect
support from the emergency organizations of the cities, the military, and unincorporated
areas lying within the boundaries of the Cabrillo Community College District and from the
County of Santa Cruz and the State of California emergency organizations, and from federal
emergency organizations. Realizing that in the event of a major disaster, Cabrillo College
could be isolated for up to 72 hours, the District shall comply with any mutual aid
agreements approved by the Governing Board.
Legal Reference: Title 5, Article 3, Section 17.1 of the California Administrative Code; Government
Code Sections 8558 and 3100.
References:
CA Education Code Section 32280 et seq., and 71095
Government code Sections 3100 and 8607(a)
Homeland Security Act of 2002;
National Fire Protection Association 1600;
Homeland Security Presidential Directive-5
Executive Order S-2-05;
19 California Code of Regulations Sections 2400-2450;
34 Code of Federal Regulations 668.46(g)
Adopted: September 11, 1989
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 4330
Page 2 of 2
Disaster PolicyEmergency Response Plan
140
Chapter Four: Business Services and Operations
BP 4400
College Fees
(League BP 5030)
The Board authorizes the following fees. The Superintendent/President shall establish
procedures for the collection, deposit, waiver, refund, and accounting for fees as required
by law. The procedures shall also assure those who are exempt from or for whom the fee is
waived are properly enrolled and accounted for. Fee amounts shall be published in the
college catalogs.
The Cabrillo College Governing Board authorizes the following fees:
MANDATORY FEES
Enrollment Fee (Education Code Section 76300)
Each student shall be charged a fee for enrolling in credit courses as required by law.
Auditing Fees (Education Code Section 76370)
Persons auditing a course shall be charged a fee of $15.00 per unit per semester. Students
enrolled in classes to receive credit for 10 or more semester credit units shall not be charged this
fee to audit three or fewer units per semester.
Health Fee (Education Code Section 76355)
The Superintendent/President shall present to the Board for approval fees to be charged to
students for student health services.
The District charges the full fee allowable by Education Code Section 76355 to all students (full or
part-time) for health supervision and services.
Parking Fee (Education Code Section 76360)
Students shall be required to pay a fee, in an amount not to exceed $40 per semester and
$18 per intersession for parking services. To encourage ridesharing, a student may certify
in writing at the time of payment of the fee that s/he regularly has two or more passengers
commuting with her/him.
Instructional Materials (Education Code Section 76365; Title 5 Sections 59400 et seq.)
Students may be required to provide required instructional and other materials for a credit
or non-credit course, provided such materials are of continuing value to the student outside
the classroom and provided that such materials are not solely or exclusively available from
the District.
Physical Education Facilities (Education Code Section 76395)
Where the District incurs additional expenses because a physical education course is
required to use non-district facilities, students enrolled in the course shall be charged a fee
for participating in the course. Such fee shall not exceed the student’s calculated share of
the additional expenses incurred by the District.
_____________________________________________________________________________________________
BP 4400
Page 1 of 2
College Fees
141
Student Representation Fee (Education Code Section 76060.5)
Students will be charged a $1 fee per semester to be used to provide support for student
governmental affairs representation. A student may refuse to pay the fee for religious,
political, financial or moral reasons and shall submit such refusal in writing.
Transcript Fees (Education Code Section 76223)
The District shall charge a reasonable amount for furnishing copies of any student record
to a student or former student. The Superintendent/President is authorized to establish the
fee, which shall not to exceed the actual cost of furnishing copies of any student record. No
charge shall be made for furnishing up to two transcripts of students’ records, or for two
verifications of various records. There shall be no charge for searching for or retrieving
any student record.
International Students Application Processing Fee (Education Code Section 76142)
The District shall charge students who are both citizens and residents of a foreign country
a fee to process his/her application for admission. This processing fee and regulations for
determining economic hardship may be established by the Superintendent/President. The
fee shall not exceed the lesser of 1) the actual cost of processing an application and other
documentation required by the U.S. government; or 2) one hundred dollars ($100), which
shall be deducted from the tuition fee at the time of enrollment.
References:
Education Code Sections 76300 et seq.
NONRESIDENT STUDENT FEES (Education Code 76140, 76141)
A fee shall be charged each student whose legal residence is outside the state of California except
for those who are in the military service.
Non-immigrant students attending under provision of a student visa are considered nonresident
students and shall be charged the fee.
In addition to the nonresident tuition fee established pursuant to Section 76140, a community
college district may charge to nonresident students who are both citizens and residents of a foreign
country an amount not to exceed the amount that was expended by the district for capital outlay.
The college charges other mandatory and optional fees, which are listed in the college catalog and
schedule of classes.
Adopted: December 5, 2005
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 4400
Page 2 of 2
College Fees
142
Chapter Five: Personnel and Human Resources
BP 5000
Commitment to Equal Employment and Diversity Policy
(League BP 7100)
The District is committed to employing qualified administrators, faculty, and staff
members who are dedicated to student success. The Board recognizes that diversity in the
academic environment fosters cultural awareness, promotes mutual understanding and
respect, and provides suitable role models for all students. The Board is committed to
hiring and staff development processes that support the goals of equal opportunity and
diversity, and provide equal consideration for all qualified candidates.
The Governing Board of Cabrillo College is committed to prohibiting discrimination on the basis
of race, color, creed, national origin, ancestry, religion, sex, age, sexual orientation, political
beliefs or affiliation, marital status or physical or mental disability, in any of Cabrillo’s programs
and activities.
It is the intent of this policy that Cabrillo College will provide equal employment opportunity
(EEO) at all levels and all segments of employment, including but not limited to hiring,
promotion, compensation and fringe benefits, and to continue efforts to eliminate discrimination
on the basis of those elements described above.
It is further intended that the District shall maintain and update an Equal Employment
Opportunity Plan in accordance with guidelines provided by the California Community Colleges
Chancellor’s Office, and other legal requirements as set forth in federal and state regulations, and
provide staff development training in these areas.
It is the responsibility of each supervisor, manager and administrator of the District to enforce
this policy, and to be aware of developments in the EEO area. Each college official shall
understand and follow the processes and procedures as set forth in administrative regulations
related to equal employment opportunity and diversity.
Legal Reference: Education Code Sections 87100 et.seq.; 66270, 66271.1 and 70901;
Government Code Sections 11135 – 11139 and 12940; et.seq. Title 5, California Code of
Regulations, Section 51010, 53000 et.seq. – 53034, Title 20, U.S. Code, Section 1681; Title 29,
U.S. Code, Section 794; and 12101.
Adopted: April 4, 1988
Revised: February 14, 2000
Revised: June 17, 2003
Revised: August 4, 2003
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 5000
Page 1 of 1
Commitment to Equal Employment and Diversity
143
Chapter Five: Personnel and Human Resources
BP 5010
Anti-Nepotism Policy
(League BP 7310)
An employment decision shall not be based on whether an individual has a member of the same
family unit, legally married or not, presently employed at Cabrillo College except as follows:
The District does not prohibit the employment of relatives [or domestic partners as defined
by Family Code Sections 297 et seq.] in the same department or division, with the exception
that they shall not be assigned to a regular position within the same department, division or
site that has an immediate family member who is in a position to recommend or influence
personnel decisions.
Cabrillo College employees who are also members of the same family unit shall not
participate in the hiring, dismissal, promotion or supervision of the other.
Personnel decisions include appointment, retention, evaluation, tenure, work assignment,
promotion, demotion, or salary of the relative [or domestic partners as defined by Family
Code Sections 297 et seq.].
Immediate family means spouse, parents, grandparents, siblings, children, grandchildren
and in-laws or any other relative living in the employee’s home.
The District will make reasonable efforts to assign job duties to minimize the potential for
creating an adverse impact on supervision, safety, security, or morale, or creating other
potential conflicts of interest.
In the event that two such relatives are in violation of the policy as a result of one being
assigned supervision responsibilities over the other, the Superintendent/President shall
assign an alternate supervisor to perform such duties.
In the event that two co-workers marry or cohabit, and that such marriage or cohabitation results
in a violation of this policy, the Superintendent/President shall assign an alternate supervisor to
perform such duties.
In all cases of nepotism, the District shall make reasonable efforts retains the right where such
placement has the potential for creating an adverse impact on supervision, safety, security,
or morale, or involves other potential conflicts of interest to assign employment duties so as
to minimize such problems. of supervision, safety, security or morale.
Adopted: April 4, 1988
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 5010
Page 1 of 1
Anti-Nepotism Policy
144
Chapter Five: Personnel and Human Resources
BP 5030
Communicable Disease (Tuberculosis Examination)
(League BP 7330)
TUBERCULOSIS EXAMINATION
BP 5030All
academic and classified personnel shall file with the District Personnel Office a certificate
showing them to be free from active tuberculosis. Substitutes and non-academic temporary
employees may be exempted from this policy at the discretion of the District. In lieu of the
certificate, any employee may file with the District an affidavit stating that he or she adheres to
the faith or teaching of any well recognized religious sect, denomination or organization, and in
accordance with its creed, tenets, or principles, depends for healing upon prayer in the practice of
religion, and that, to the best of his or her knowledge and belief, he or she is free from active
tuberculosis.
The certificate, or the affidavit, shall be filed prior to initial employment, as a condition of initial
employment, and every four years thereafter. Subsequent to initial employment, failure to file
the necessary certificate or affidavit shall be grounds for disciplinary action up to and including
termination, pursuant to the procedures set forth in District policies and regulations for classified
employees, or the procedures set forth in the Education Code for academic employees.
Legal Reference: Education Code Section 87408, 87408.6, 87660 et seq., 87732 et seq.
All newly hired academic employees shall have on file a medical certificate indicating
freedom from communicable diseases, including tuberculosis. No academic employee shall
commence service until such medical certificate has been provided to the District.
All newly hired employees must show that they have been examined within the past 60 days
to determine that they are free from active tuberculosis.
All employees shall be required to undergo an examination within four years of
employment, and every four years thereafter, to determine if they are free from
tuberculosis.
Subsequent to initial employment, failure to file the necessary certificate shall be grounds
for disciplinary action up to and including termination, pursuant to the procedures set
forth in District policies and regulations for classified employees, or the procedures set
forth in the Education Code for academic employees.
Legal Reference: Education Code Sections 87408, 87408.6, 87660 et seq., 87732 et seq., and
88021
Adopted:
Revised:
Revised:
April 6, 1987
December 5, 1994
May 6, 2013
_____________________________________________________________________________________________
AR 5030
Page 1 of 1
Communicable Disease (Tuberculosis Examination)
145
Chapter Five: Personnel and Human Resources
BP 5035
Criminal History Clearance (Fingerprints) Fingerprint Cards
All applicants who have been given offers of employment (and substitute, short term, seasonal
workers and volunteers whose positions require criminal history clearance) prior to initial
employment and as a condition of employment, have fingerprint cards prepared, which shall be
fingerprinted at the Cabrillo College Sheriff’s Office. This electronic process shall be
transmitted to the California Department of Justice. Criminal history clearance must be
received prior to starting employment or beginning an assignment, as required.
Substitutes, and non-academic temporary employees may be exempted from this policy at the
discretion of the District.
Adopted:
Revised:
December 5, 1994
May 6, 2013
_____________________________________________________________________________________________
BP 5035
Page 1 of 1
Criminal History Clearance (Fingerprints)
146
Chapter Five: Personnel and Human Resources
BP 5050
Family and Medical Leave Policy
(League BP 7340)
The Cabrillo Community College District will grant family and medical leave in accordance with
the requirements of applicable state and federal law in effect at the time the leave is granted. No
greater or lesser leave benefits will be granted than those set forth in such state or federal laws
unless so provided in a collective bargaining agreement with Cabrillo College employees. In
certain situations, the federal law requires that provisions of state law apply. In any case,
employees will be eligible for the most liberal benefits available under either law.
To the extent that this policy provides more generous benefits than are currently provided in the
Cabrillo College Faculty Agreement and the CCEU Agreement, the provisions of this policy and
the law shall apply.
An employee should contact his/her supervisor or the Human Resources office as soon as he/she
becomes aware of the need for a family and medical leave. Supervisors should gather sufficient
information to enable him/her to ascertain whether an employee may be entitled to family and
medical leave, even if the employee does not specifically request such leave. Supervisors must
refer all employees requesting or potentially entitled to a family and medical leave to the Human
Resources office.
Legal Reference: Federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq)
and implementing regulations (CFR, Title 29, Part 825); California Family Care and Medical
Leave Act, as amended (Government Code section 12945.2) and implementing regulations (2
Cal. Code Regs. Section 7297.0 et seq).
Adopted: October 3, 1994
Reviewed: May 6, 2013
_____________________________________________________________________________________________
BP 5050
Page 1 of 1
Family and Medical Leave Policy
147
Chapter Five: Personnel and Human Resources
BP 5100
Employment Procedures Policy (Certificated Academic)
(League BP 7250)
The Cabrillo Community College District shall employ for academic positions, only persons
requiring certification who possess the qualifications prescribed by regulation of the Board of
Governors. in accordance with the provisions of the California Education Code found in Title 3,
Division 7, Part 51, Chapters 1, 2 and 3, and all of the appropriate sections therein.
It is the intent of this policy that all academic employment procedures and transactions are to
meet legal compliance requirements of the applicable provisions of the California Education
Code and Title 5 regulations and all other applicable federal and state regulatory laws, rules
and regulations.
It is the policy of the Cabrillo Community College District that all personnel procedures and
practices be established in an appropriate set of administrative regulations, and
The Board authorizes the Superintendent/President or designee to develop administrative
regulations that set forth the applicable procedures to be followed by the District for the
employment of academic positions so to ensure full compliance with applicable law. It is
further the intent of the Board that all each supervisors, managers and administrators with
employment responsibilities adhere to such regulations in all personnel processes and
transactions.
Legal Reference: Education Code 87400 et seq. Title 3, Division 7, Part 51, chapters 1, 2 and 3,
all articles inclusive
California Code of Regulations: Title 5, Sections 53400 et seq.
Adopted: April 4, 1988
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 5100
Page 1 of 1
Employment Procedures Policy (Academic)
148
Chapter Five: Personnel and Human Resources
BP 5108
Administrator Assignment to a Faculty Position
In accordance with AB 1725, and specifically Education code Section 87458, the Cabrillo College
Community College District adopts the following policy on educational administrative retreat rights.
This policy does not apply to educational administrators hired on or before June 30, 1990. A tenured
employee, when assigned from a faculty position to an administrative position retains his or her status as a
tenured faculty member. Educational A administrators hired after June 30, 1990, shall have the right to
become a first year probationary faculty member at the conclusion of their administrative assignment
under the following conditions:
1. The administrator holds a position as an educational certificated administrator and is not part of the
classified service. For every administrative job title, the records of the District shall show whether or not
it is an educational or a classified administrator position. Educational administrator means an
administrator who is employed in an academic position designated by the Governing Board as having
direct responsibility for supervising the operation of or formulating policy for the instructional or student
services programs of the college District. Educational administrators include, but are not limited to,
chancellors, presidents, and other supervisory or management employees designated by the Governing
Board as educational administrators.
OR
The administrator is part of the classified service, but at the time of the announcement of the position
opening it was specified that the selected applicant could be, certified by the Search and Selection
Committee as possessing qualifications in a specified discipline or disciplines similar in experience and
preparation to what would be expected of a newly hired faculty member. To qualify for reassignment
under this provision means that the district may, at its discretion and if the reassignment would not cause
the layoff of any contract or regular faculty member, offer such a reassignment to the classified
administrator.
2. The administrator has served satisfactorily in the Cabrillo Community College Ddistrict at least two
years including any time previously served as a Cabrillo College faculty member. teaching.
3. The administrator is being dismissed from his/her educational administrative position for reasons
other than for cause.
4. The District must take into consideration the availability of a funded position to which the
administrator may be appointed in accordance with the court determination in Wong v. Ohlone
College. If a vacancy does not exist as determined by the Superintendent/President, then retreat
rights shall not be offered.
5. To determine the discipline or location to which an educational administrator shall be assigned, the
following shall apply: the administrator seeking to exercise retreat rights shall submit a request to be
reassigned to a faculty position. The administrator can be assigned only to a discipline in which he or
she meets the minimum qualifications as specified Title 5 or in which he or she holds a California
Community College credential. The proposal shall be submitted to the Vice President of Instruction
______________________________________________________________________________________________________
BP 5108
Page 1 of 2
Administrator Assignment to a Faculty Position
149
Chapter Five: Personnel and Human Resources
who shall inform the Superintendent/President, the Faculty Senate and can be assigned only to a
discipline in which he or she meets the minimum qualifications as specified Title 5, or in which he or she
holds a California community college credential. The Search and Selection Committee shall be
responsible to inform the Governing Board of the discipline(s) in which the administrator meets the
minimum qualifications or possesses the appropriate credential. The Superintendent/President or
designee shall meet with the Faculty Senate President or designee to hear the Senate views on the
proposal. After such a meeting, the Superintendent/President shall make a recommendation to the
Governing Board. The Governing Board shall provide the Faculty Senate with an opportunity to present
its views directly to the Governing Board before the Bboard makes a determination.
2. In the event that an administrator acquires additional educational or work experience after
the time of initial employment in the district, he/she may request certification of fulfillment of
minimum qualifications. The AB 1725 Task Force will review the application and make a
recommendation to the Superintendent/President who will recommend to the Governing Board. The
Governing Board shall provide the Faculty Senate with an opportunity to present its views before the
Governing Board makes a determination.
Legal References: Education Code Section 87458; Wong v. Ohlone College
Adopted: February 4, 1991
Revised: May 6, 2013
______________________________________________________________________________________________________
BP 5108
Page 2 of 2
Administrator Assignment to a Faculty Position
150
Chapter Five: Personnel and Human Resources
BP 5110
Oath or Affirmation of Allegiance Policy
Each newly proposed certificated teaching or counseling employee of Cabrillo College, except
for aliens subject to legal employment, prior to confirmation of employment by the Governing
Board, shall be required to file in writing, an oath or affirmation as follows. that he/she is not a
member of the Communist.
No teaching certification or other employment certification document shall be processed or
granted to any person unless and until he/she has subscribed to the following oath or affirmation:
“I solemnly swear (or affirm) that I will support the Constitution of the United States of
America, the Constitution of the State of California, and the laws of the United States and the
State of California.”
“I, ___________________, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution
of the United States and the constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I will well
and faithfully discharge the duties upon which I am about to enter. The oath or affirmation
shall be subscribed and certified or declared, pursuant to Section 2015.5 of the Code of Civil
Procedure.
Any certificated person who is a citizen or subject of any country other than the United States,
and who is employed by Cabrillo College, shall, before entering upon the discharge of his/her
duties, subscribe to an oath to support the institutions and policies of the United States during the
period of his/her sojourn within the state.
Legal Reference: Education Code Sections 7050-7058 7000,7001, 7002, 7003 and 87214
Government Code sections 3100 through 3109. California Constitution, Article XX, Section 3
Adopted: April 4, 1988
Revised: May 6, 2013
_________________________________________________________________________
BP 5110
Page 1 of 1
Oath or Affirmation of Allegiance Policy
151
Chapter Five: Personnel and Human Resources
BP 5120
Credential Requirements Policy Academic Employees
(League BP 7210)
Every employee of Cabrillo College whose assignment requires certification qualifications must
hold a valid credential issued by the Board of Governors of the California Community Colleges,
and registered with the Santa Cruz County Superintendent of Schools. Such credential must be in
effect during all times of employment. The responsibility for application and renewal of
credentials rests with the employee who shall receive assistance from the District Personnel
Office. The Cabrillo College Governing Board is prohibited by law from paying the salary of any
certificated employee who does not hold a valid credential while employed.
Academic employees are all persons employed by the District in academic positions.
Academic positions include every type of service, other than paraprofessional service, for
which minimum qualifications have been established by the Board of Governors for the
California Community Colleges.
Faculty members are those employees who are employed by the District in academic
positions that are not designated as supervisory or management. Faculty employees
include, but are not limited to, instructors, librarians, counselors, and professionals in
Health Services, DSPS, and EOPS.
Decisions regarding tenure of faculty shall be made in accordance with the evaluation
procedures established for the evaluation of probationary faculty and in accordance with
the requirements of the Education Code. The Board reserves the right to determine
whether a faculty member shall be granted tenure.
The District may employ temporary faculty from time to time as required by the interests
of the District. Temporary faculty may be employed full-time or part-time. The Board
delegates authority to the Superintendent/President to determine the extent of the District’s
needs for temporary faculty.
Notwithstanding this policy, the District shall comply with its goals under the Education
Code regarding the ratio of full-time to part-time faculty to be employed by it and for
making progress toward the standard of 75% of total faculty work load hours taught by
full-time faculty.
Every person authorized to serve as a Community College instructor, librarian, counselor,
student personnel worker, supervisor, administrator, or chief administrative officer under
a credential shall retain the right to serve under the terms of that credential, and, for that
purpose, shall be deemed to possess the minimum qualifications specified for every
discipline or service covered by the credential until the expiration of that credential.
_____________________________________________________________________________________________
BP 5120
Page 1 of 2
Credential Requirements Policy Academic Employees
152
Chapter Five: Personnel and Human Resources
Legal Reference: Education Code Sections 87210, 87211, 87212, 87212.5 and 87213.
References: Education Code Sections 87400 et seq., 87419.1; 87600 et seq., and 87482.8;
87355; Title 5 Section 51025
Adopted: April 4, 1988
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 5120
Page 2 of 2
Credential Requirements Policy Academic Employees
153
Chapter Five: Personnel and Human Resources
BP 5140
Extra Assignments Policy
Regular full-time or contract certificated staff may make application to the appropriate Division
Chairperson or administrator for special contract (overload) assignments during the evening,
summer, or at any time not in conflict with employee’s regular schedule.
An employee will not be permitted to serve more than six hours of overload per week aside from
his/her regular schedule, including part-time assignments accepted at districts other than Cabrillo
College.
Each person who receives a certificated assignment other than that included in the annual notice
of assignment, will be issued a special contract to cover the specific courses or activities as listed
in the class schedule. The additional salary for such service will be computed as a multiple of
hours per semester at the current unit pay temporary rate.
All special contracts for extra assignments are subject to approval of the Governing Board.
Adopted: April 4, 1988
Deleted: May 6, 2013
_____________________________________________________________________________________________
BP 5140
Page 1 of 1
Extra Assignments Policy
154
Chapter Five: Personnel and Human Resources
BP 5150
Discipline and Dismissal of Probationary Academic Certificated Employees
(League BP 7360)
Cause, notice, and right to a hearing for dismissal of probationary employees shall be specified
in District administrative regulations in accordance with provisions of the California Education
Code.
A contract or regular employee may be dismissed or penalized for one or more of the
grounds set forth in Education Code Section 87732. If the employee is to be penalized, the
Board shall determine the nature of the penalties. If the Board decides to dismiss or
penalize a contract or regular employee, it shall assure that each of the following has been
satisfied:
The employee has been evaluated in accordance with standards and procedures
established in accordance with the provisions of Education Code Sections 87660
et seq., and any administrative procedure for evaluation contained in a collective
bargaining agreement;
The Board has received all statements of evaluation which considers the events
for which dismissal [or penalties] may be imposed;
The Board has received a recommendation from the Superintendent/President;
The Board has considered the statements of evaluation and the
recommendations in a lawful meeting.
If the Board decides it intends to dismiss [or penalize ] a contract or regular employee, it
shall take the actions required by the Education Code, and the Superintendent/President
[or designee] shall, thereafter, assure that the employee is afforded the full posttermination due process required by the Education Code Sections 87666-87681 and 87740.
The Superintendent/President shall establish procedures that define the conditions and
processes for dismissal, discipline, and due process and ensure they are available to
employees.
Legal Reference: Education Code Sections 87740 and 87741.
References: Education Code Section 87669 and 87732
Adopted: April 4, 1988
Revised: November 15, 2005
Revised: May 6, 2013
BP 5150
Discipline and Dismissal of Probationary Academic Certificated Employees
Page 1 of 1
155
Chapter Five: Personnel and Human Resources
BP 5170
Faculty Senate
In order that faculty may have a formal and effective procedure for participating in dDistrict
governance, AB 1725 specifies that the Governing Board shall consult “collegially” with the
appropriate, organized faculty leadership group. Tthe Governing Board recognizes the
Faculty Senate of Cabrillo College as the appropriate organized group to make
recommendations, in a “primary reliance” manner, to the administration and Board with
respect to academic and professional matters.
Consult ‘‘collegially” means that the District Governing Board shall develop policies on
academic and professional matters through either or both of the following:
1. Rely primarily upon the advice and judgment of the Academic Senate,
OR 2. The Governing Board, or its designees, and the Academic Senate shall reach
mutual agreement by written resolution, regulation, or policy of the
Governing Board effectuating such recommendations.
Academic and Professional matters means the following policy development matters:
1. Curriculum, including establishing prerequisites.
2. Degree and certificate requirements.
3. Grading policies.
4. Educational program development.
5. Standards or policies regarding student preparation and success.
6. College governance structures, as related to faculty roles.
7. Faculty roles and involvement in accreditation processes.
8. Policies for faculty professional development activities.
9. Processes for program review.
10. Processes for institutional planning and budget development.
11. Other academic and professional matters as mutually agreed upon.
Further, Tthe faculty is hereby authorized to:
1. Fix and amend by vote of the faculty the composition, structure and procedures of the
Faculty Senate.
2. Select, in accordance with accepted democratic election procedures, the members and
officers of the Faculty Senate.
The Faculty Senate shall present its views and recommendations to the Governing Board through
regularly established channels. However, the Senate, after consultation with the administration,
may present its views and recommendations directly to the Governing Board.
Legal reference: AB 1725, Title 5, California Ed Code 53200
Adopted May 3, 1965
Revised May 6, 2013
_____________________________________________________________________________________________
BP 5170
Page 1 of 1
Faculty Senate
156
Chapter Five: Personnel and Human Resources
BP 5200
Drug-Free Campus
The use of alcohol and/or other drugs by students, faculty or staff affects Cabrillo College’s ability to
provide an environment of excellence in teaching and learning. As members of the Cabrillo College
community, we all share in the responsibility for creating and maintaining a drug and alcohol free
workplace and learning environment. With this responsibility comes the obligation to be involved in
preventing problems caused by the abuse of alcohol, tobacco and other drugs.
Cabrillo’s comprehensive approach to addressing substance abuse emphasizes:
Taking effective steps to create and maintain a drug-free workplace and educational environment for
students, faculty and staff.
Providing prevention, education and counseling services along with referrals to off-campus treatment
facilities as appropriate.
Encouraging individuals who are experiencing problems associated with alcohol and other drugs or
chemical dependency to seek assessment, counseling and/or treatment voluntarily with the
understanding that this assistance is confidential and will not be used against them.
Assessing district sanctions for the manufacture, distribution, use or possession of illegal drugs or the
unlawful use or possession of alcohol which may include prosecution under applicable state and
federal laws. Such sanctions may include educational intervention, mandated counseling or
rehabilitation, community service, suspension, expulsion, termination of employment, and/or barring
from further work for Cabrillo.
For the purpose of this policy, the Cabrillo College campus shall mean any place, whether on or off
District premises, where an employee performs work for or functions as a student of the Cabrillo
Community College District, and any event, field trip, study abroad, athletic competition, or study
travel program sponsored or affiliated with Cabrillo College, as well as in District or private vehicles
being used for official District business.
This policy shall apply to all Cabrillo employees, students, and those who are not Cabrillo employees
but perform work in benefit of Cabrillo (i.e. independent contractors, volunteers, and so forth). Such
individuals who unlawfully manufacture, distribute, dispense, possess or use controlled substances in
a Cabrillo workplace may be barred from further work for and at Cabrillo College. District
employees shall abide by this policy as a condition of employment. Students shall abide by the
student Code of Conduct as described in the Student Rights and Responsibilities as a condition of
enrollment at Cabrillo.
Revised 11/05
Reviewed: May 6, 2013
______________________________________________________________________________________________________
BP 5200
Page 1 of 1
Drug-Free Campus
157
Chapter Five: Personnel and Human Resources
BP 5300
Alcohol and Controlled Substances Testing
The Omnibus Transportation Employee Testing Act of 1991 was signed on October 28, 1991, as part of
the 1992 Department of Transportation and Related Agencies Appropriations Act. 49 CFR Part 382
requires that employers must establish programs designed to help prevent accidents and injuries resulting
from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.
It is the policy of the Cabrillo Community College District that appropriate procedures and practices be
established to implement the requirements outlined in 49 CFR Part 382 and that each employee,
supervisor, manager and administrator affected adhere to such regulations.
Legal Reference: Department of Transportation regulations implementing the Federal Omnibus
Transportation Employee Testing Act of 1991.
Adopted: July 7, 1997
Reviewed: May 6, 2013
______________________________________________________________________________________________________
BP 5300
Page 1 of 1
Alcohol and Controlled Substances Testing
158
Chapter Five: Personnel and Human Resources
BP 5500
Employment Procedures Policy (Classified)
(League BP 7120)
Cabrillo Community College District shall employ persons in the classified service of the
College in accordance with the provisions of the California Education Code found in Title 3,
Division 7, Part 51, Chapter 4, and all of the appropriate sections thereof.
It is the intent of this policy that all employment procedures and transactions are to meet legal
compliance requirements of the California Education Code and all other federal and state
regulatory laws, rules and regulations.
It is the policy of the Cabrillo Community College District that all personnel procedures and
practices be established in an appropriate set of administrative regulations, and that each
supervisor, manager and administrator with employment responsibilities adhere to such
regulations in all personnel processes and transactions.
Legal Reference: Education Code Title 3, Division 7, Part 51, Chapter 4, all articles inclusive.
Adopted: April 4, 1988
Reviewed: May 6, 2013
_____________________________________________________________________________________________
BP 5500
Page 1 of 1
Employment Procedures Policy (Classified)
159
Chapter Five: Personnel and Human Resources
BP 5510
Classified Employee Long Term Illness/Injury Policy
(League BP 7340)
In accordance with applicable Education Code sections, permanent classified employees are
entitled to industrial accident or illness leaves and non-industrial illness or injury leaves.
The Governing Board of each community college district shall adopt rules and regulations
requiring and prescribing the manner of proof of illness or injury for the purpose of this section.
These rules and regulations shall not discriminate against evidence of treatment and the need
therefore by the practice of the religion of any well-recognized religious sect, denomination or
organization.
Legal Reference: Education Code Sections 88190, 88191, 88192, 88195, 88198 and 88199.
Adopted: December 7, 1987
Reviewed: May 6, 2013
_____________________________________________________________________________________________
BP 5510
Page 1 of 1
Classified Employee Long Term Illness/Injury Policy
160
Chapter Five: Human Resources
BP 5530
Disciplinary Procedures Policy (Classified)
(League BP 7365)
This policy is adopted by the Cabrillo College Governing Board in accordance with the
requirements of the California Education Code Section 88013 and is referenced to the Collective
Bargaining Agreement between Cabrillo College Classified Service Employees International
Union, Local 415 and the Cabrillo Community College District.
All disciplinary action taken against any classified employee of the District shall be done in
accordance with the administrative regulations established by the District or relevant collective
bargaining provisions, and shall follow the prescribed procedures contained therein.
Legal Reference: Education Code Sections 88103 88013 and 88106 88016.
Adopted: April 4, 1988
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 5530
Page 1 of 1
Disciplinary Procedures Policy (Classified)
161
Chapter Five: Personnel and Human Resources
BP 5700
Compensation
(League BP 7130)
Salary schedules, compensation and benefits, including health and welfare benefits, for all
classes of employees and each contract employee shall be established by the Board.
Prohibition of Compensation
The District shall not provide any commission, bonus, or other incentive payment based,
directly or indirectly, on the success in securing enrollments or financial aid, to any person
or entity engaged in any student recruiting or admission activities or in making decisions
regarding the award of student financial assistance. Employees covered by this ban shall
be referred to as “covered employees” for purposes of this policy.
References:
Education Code Sections 70902(b)(4), 87801, and 88160;
Government Code Section 53200;
U.S. Department of Education regulations on the Integrity of Federal Student Financial
Aid Programs under Title IV of the Higher Education Act of 1965, as amended.
Adopted: May 6, 2013
_____________________________________________________________________________________________
BP 5700
Page 1 of 1
Compensation
162
Chapter Five: Personnel and Human Resources
BP 5710
Reporting of Fraud and Other Improper Governmental Activities
(League BP 7700)
Community college employees, when performing their duties, have an obligation to be vigilant
of wrongdoing by others and to report in good faith what they reasonably believe to be evidence
of improper governmental activities. “Improper governmental activities” as used in this policy is
defined in Education Code section 87162(c) which provides:
(c)
“Improper governmental activity” means an activity by a community college or
by an employee that is undertaken in the performance of the employee’s official
duties, whether or not that activity is within the scope of his or her employment,
and that meets either of the following descriptions:
(1)
The activity violates a state or federal law or regulation, including, but not
limited to, corruption, malfeasance, bribery, theft or government property,
fraudulent claims, fraud, coercion, conversion, malicious prosecution,
misuse of government property, or willful omission to perform duty.
(2)
The activity is economically wasteful or involves gross misconduct,
incompetency, or inefficiency.
Such report shall be submitted in writing to the Vice President, Business Administrative
Services, or his or her designee, unless the reporting employee (“employee”) has reason to
believe that the Vice President/ designee may be involved in the improper governmental activity,
in which case the employee shall submit his/her report in writing to the college President or
his/her designee. If the employee has reason to believe that the President or his or her designee
may be involved in the improper governmental activity, he or she shall submit the report in
writing to the President of the Governing Board.
The administrator who received the employee’s report of improper governmental activities shall
provide the employee with a copy of Education Code sections 87160-87164 (Reporting by
Community College Employees of Improper Governmental Activities Act) and shall inform the
employee of his/her right to be free of retaliation by District employees for having filed his/her
report.
Upon receipt of an employee report hereunder, the administrator, Board member or their
designees will take all steps necessary to investigate the report and prepare a written decision
containing its findings and conclusions on the issues. The employee shall be advised in writing
of the District’s decision.
Legal Reference: Education Code Sections 87160 and 87162.
Adopted: May 1, 2006
Revised: May 6, 2013
_____________________________________________________________________________________________
BP 5710
Page 1 of 1
Reporting of Fraud and Other Improper Governmental Activities