160
AGENDA ITEM BACKGROUND
TO: GOVERNING BOARD
DATE
FROM: PRESIDENT
June 10, 2013
SUBJECT:
Board Policy Revisions: Administrative Services,
Second Reading
REASON FOR BOARD CONSIDERATION
ITEM NUMBER
ACTION
ENCLOSURE(S)
Page 1 of 7
F.14
BACKGROUND:
The District is in the process of updating Board Policies utilizing the California Community College
League’s model policies as applicable. These Board Policies have been reviewed by the appropriate
committees on campus.
Attached are revisions to Board Policies in the Administrative Services component as listed below:
Board Policy
BP 4415 Copyright
BP 4300 Law Enforcement
BP 5110 Oath or Affirmation of Allegiance Policy
BP 5510 Classified Employee Long Term Illness/Injury
Policy
BP 5800 Classified Employees
Action
Reviewed (formerly 3310)
Revised to reflect League language
Updated to reflect League language
Revised to reflect League language
New
Board Policies are presented as a second reading for Governing Board review for approval.
FISCAL IMPACT: None.
RECOMMENDATION: It is recommended that the Governing Board adopt the Board Policies as
revised.
Administrator Initiating Item:
Victoria Lewis
Academic and Professional Matter
If yes, Faculty Senate Agreement
Senate President Signature
 Yes  No
 Yes  No
Final Disposition
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Chapter Four: Business Services and Operations
BP 3310 4415
Securing of Copyright
(League BP 3710)
The Superintendent/President shall develop appropriate administrative procedures to implement the
provisions of the Education Code which authorize the securing of copyright protection for works including,
but not limited to, registering copyrights and policing infringements on behalf of the District. The
procedures developed by the Superintendent/President shall assure that the District may use, sell, give or
exchange published materials and may license materials prepared by the District in connection with its
curricular and special services.
In the development of these procedures, the Superintendent/President shall solicit the input of the proper
representatives of the college community in accordance with the Board’s policies regarding shared local decisionmaking.
See the current CCFT Collective Bargaining Agreement for detailed information regarding copyright of materials
produced by faculty members.
References: CA Education Code Section 72207 and 81459; 17 US Code (USC) Section 201
Adopted: June 10, 2013
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Chapter ThreeFour: Instruction Business Services and Operations
BP 4300
Law Enforcement
Law enforcement services, including traffic and parking control, shall be provided by the Cabrillo College
Police Department. The Cabrillo College Police Department is established by the Governing Board pursuant
to California Education Code Section 72330 and California Penal Code Section 830.31.
The District, on behalf of the campus or center, shall enter into a written agreement with local law
enforcement agencies. The agreement shall clarify operational responsibilities for investigations of
Part I violent crimes, defined by law as willful homicide, forcible rape, robbery, and aggravated
assault, occurring at each location.
The written agreement shall designate which law enforcement agency shall have operational
responsibility for violent crimes and delineate the specific geographical boundaries of each agency’s
operational responsibility, including maps as necessary.
The written agreements required by this policy shall be public records and shall be made available
for inspection by members of the public upon request.
The Cabrillo Community College District encourages accurate and prompt reporting of all crimes to
the campus police and/or the appropriate police agencies. The president shall establish procedures
that encourage pastoral counselors and professional counselors, if and when they deem it
appropriate, to inform the persons they are counseling of any procedures to report crimes on a
voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.
See Administrative Regulation 4300
Legal Reference: Education Code Section 7233067381; and Penal Code Section 830.31(c)34 Code of Federal
Regulations Section 668.46(b)(4)
Adopted: May 2, 1988
Revised: June 10, 2013
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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 employmentindividuals who are not United States citizens and who are legally
permitted to be employed by the College, 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: June 10, 2013
BP 5110
Oath or Affirmation of Allegiance Policy
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Chapter Five: Personnel and Human Resources
BP 5510
CLASSIFIED EMPLOYEE LONG TERM ILLNESS/INJURY POLICY
Industrial Illness or Injury
In accordance with applicable Education Code Sections 88190, 88192 and 88199, permanent classified
employees are entitled to industrial accident or illness leaves and non-industrial illness or injury leaves.
subject to the following provisions:
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.
1.
Allowable leave shall not be less than 60 working days in any one fiscal year for the same
accident/illness, and will commence on the first day of absence. Allowable leave shall not be accumulative
from year to year. When an industrial accident or illness occurs at a time when the full sixty days will overlap
into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal
year in which the injury or illness occurred, for the same illness or injury.
2.
Industrial accident/illness leave of absence is to be used in lieu of entitlement to non-industrial illness
or injury leave. When entitlement to industrial accident/illness leave has been exhausted, entitlement to other
sick leave will then be used. However, if an employee is receiving worker’s compensation, the employee shall
be entitled to use only so much of their accumulated or available sick leave, accumulated compensating time,
vacation or other available leave which, when added to the workers’ compensation award, provide for a full
day’s wage or salary.
3.
Payment for wages lost on any day shall not, when added to a workers’ compensation award, exceed
the normal wage for the day.
4.
Industrial accident leave will be reduced by one day for each day of authorized absence regardless of
whether a workers’ compensation award was made.
5.
When all available paid or unpaid leaves of absence have been exhausted and the employee is not
medically able to assume the duties of his/her regular position, the employee, shall, if not placed in another
position, be placed on a reemployment list for 39 months. The employee shall have priority over all other
available candidates for a vacancy in the employee’s previous class, except for candidates on a reemployment
list established because of lack of work or funds, in which case the employee shall be listed in accordance with
the appropriate seniority regulations. An employee who has been placed on a reemployment list who has been
medically released for return to duty who fails to accept and appropriate assignment shall be dismissed.
6.
A classified employee must serve six months of continuous service before he or she is entitled to
industrial illness and accident leave.
7.
Any employee receiving paid or unpaid industrial illness or accident leave shall remain within the state
of California unless the Governing Board authorizes travel outside the state.
Non-industrial Illness or Injury
In accordance with Education Code Sections 88190, 88191 and 88199, classified employees are entitled to
non-industrial illness or injury leaves subject to the following provisions:
1. Every employee employed five days a week shall be entitled to twelve days leave of absence for illness or
injury and such additional days as the Governing Board may allow for illness or injury.
2. An employee, employed five days a week, who is employed for less than a full fiscal year, is entitled to that
proportion of twelve days leave of absence for illness or injury as the number of months he/she is employed
bears to twelve and the proportionate amount of such additional illness or injury leave as authorized by the
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Governing Board.
3. An employee employed less than five days per week shall be entitled, for a fiscal year of service, to that
proportion of twelve days he or she is employed per week bears to five, and is entitled to the proportionate
amount, consistent with this formula of additional illness or injury leave, as authorized by the Governing
Board.
a.
When such persons as employed in paragraph 3 or employed for less than a full fiscal year, they shall
be entitled to that portion of leave in paragraph 3 as the number of days the employee has been employed
bears to a full fiscal year.
4.
Pay for any day of such absence shall be the same as the pay which would have been received had the
employee served the day. Credit for leave of absence need not be awarded prior to taking such leave by the
employee and such leave may be taken at any time during the year. However, a new employee of the District
shall not be eligible to take more than six days, or the proportionate amount to which he or she may be entitled
under this policy, until the first calendar month after completions of six months of active service with the
District.
5. Leave not taken in any year shall be accumulated from year to year with such additional days as the
Governing Board may allow.
6. Employees covered by a collective bargaining agreement shall be required to provide proof of illness or
injury in accordance with the collective bargaining agreement.
7. Employees not covered by a collective bargaining agreement shall be required to provide written
verification of illness or accident, by a licensed medical practitioner when requested by the District.
8. When an employee has, for reasons of having suffered a non-industrial illness or injury, exhausted all
entitled leaves provided by the District, the Governing Board shall review the circumstances and exercise one
or more of the following options:
a.
Grant additional paid or unpaid leave not to exceed 18 months, in six month increments; or
b.
place the employee on a 39 month reemployment list.
An employee, upon ability to resume duties of a position within the class to which he or she was assigned,
may do so at any time during the leaves of absence granted under Education Code 88195, and time lost shall
not be considered a break in service. He or she shall be restored to a position within the class to which he or
she was assigned and, if at all possible, to his or her position with all the rights, benefits and burdens of a
permanent employee.
An employee who has been placed on a reemployment list for 39 months and is able to assume the duties of
his or her positions shall be re-employed in the first vacancy in the classification of his or her previous
assignment. Such reemployment will take preference over all other applicants except for those laid off for lack
of work or funds, in which case the employee shall be listed in accordance with the appropriate seniority
regulations. Upon resumption of her or her duties, the employee’s break in service will be disregarded and he
or she shall be fully restored a permanent employee.
(updated in AR 5510)
Legal Reference: Education Code Sections 88190, 88191, 88192, 88195, 88198 and 88199.
Adopted: December 7, 1987
Revised: June 10, 2013
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Chapter Five: Personnel and Human Resources
BP 5800
CLASSIFIED EMPLOYEES
(League BP 7230)
Classified employees are those who are employed in positions that are not academic positions. The
employees and positions shall be known as the classified service.
The classified service does not include:
Substitute and short-term employees who are employed and paid for less than 75 percent of the
fiscal year.
Part-time apprentices and professional experts employed on a temporary basis for a specific
project, regardless of length of employment.
Full time students employed part time, and part-time students employed part time in any college
work-study program or in a work experience education program conducted by the District.
The Board shall fix and prescribe the duties of the members of the classified service. (See BP 1240 titled
Delegation of Authority to Superintendent/President).
The Superintendent/President shall establish procedures to assure that the requirements of state law and
regulations regarding the classified service are met.
Legal Reference: Education Code Sections 88003, 88004, 88009, and 88013
Adopted: June 10, 2013