Peralta Community College District
Board Policy # 3.92
Policy 3.92 Educational Administrators’ Rights to Faculty Positions
It is the policy of the Peralta Community College District (the “District”) to establish
administrative hiring procedures and guidelines for college (Laney, Merritt, Berkeley City
College, and College of Alameda) and District Educational Administrators who can lead,
organize, facilitate, plan, and supervise; and who understand the needs of faculty, staff, and
students and the learning process. Educational Administrators who are hired must be individuals
who are knowledgeable and sensitive to the racial and cultural diversity in the colleges, and are
well prepared by training and temperament to respond effectively to the educational needs of all
the various populations our community colleges serve.
The Board of Trustees, represented by the administration, has the principal legal and public
responsibility for ensuring effective hiring and reassignment. The faculty, represented by the
District Academic Senate, has an inherent professional responsibility to ensure the quality of its
faculty peers. The process by which the Board reaches the determination as to whether or not the
Educational Administrator possesses the minimum qualifications for employment as a faculty
member at the District shall be developed and agreed upon jointly by representatives of the
Board and the District Academic Senate, and approved by the Board. A written record of the
Board’s decision, including the views of the District Academic Senate, shall be made available
for review as part of the Board’s documentation.
1.
General Statement
1.1
The State minimum qualifications for Educational Administrators help to ensure that the
colleges and District will select individuals who are competent to perform the administrative
responsibilities that Educational Administrators are generally required to assume, such as
supervision, organizational planning, and budget development and administration, and who
understand the needs of the faculty, staff, and students and the learning process.
1.2
An Educational Administrator is a person employed in an Educational Administrator
position that is not part of the classified service. See Attachment A for identification of
Educational Administrator positions. Any administrator who does not hold an “Educational
Administrator” position as defined by this policy, but received an employment contract prior to
the date this Board Policy is approved by Board of Trustees that states otherwise, shall be
grandfathered in to receive full rights and responsibilities to a faculty assignment in accordance
with this policy.
1.3
Nothing in this document shall limit the rights and responsibilities of the Board of
Trustees as provided by law.
1.4
These procedures shall be interpreted so as to be in full conformity with applicable law
and regulations.
Peralta Community College District
Board Policy # 3.92
1.5
A candidate for an Educational Administrator position may be qualified, per “Minimum
Qualifications for Faculty and Administrators in California Community College," to apply for
such administrative position even though the candidate’s “minimum qualifications” are in a
discipline that does not exist within the district or in a discipline for which there are minimal
course offerings in the district and preclude assignment of a full-time load or the necessity of
such position (see 4.1.A below).
2.0
Any Administrator Who Previously Held A Tenured Faculty Position
2.1
A tenured employee at the District, when assigned from a tenured faculty position to an
Administrator position, or assigned any special or other type of work, or given special
classification or designation, shall retain his/her status as a tenured faculty member.
3.0
Any Administrators Who Did Not Previously Hold A Faculty Position at the District
3.1
Educational Administrators hired after July 1, 1990 who did not previously hold a faculty
position at the District shall have the right to become first-year probationary faculty members, if
they meet the following criteria, along with the procedures in Section 4.0:
A. The Educational Administrator holds an administrative position that is not part
of the classified service, as enumerated in Section 1.2.
B. They have served in this District at least two (2) full years as a faculty
member or Educational Administrator. This service must have been
“satisfactory” according to documentation. For example, if the Educational
Administrator’s paid employment start date is January 30th, the next January
29th constitutes one full year.
C. The termination of the Educational Administrator assignment is for any reason
other than dismissal for cause.
4.0
Assignment For Section 3.0
4.1
The assignment of an Educational Administrator to a faculty position is subject to all the
following provisions:
A. The District is not legally required to create any new faculty positions. If any
new faculty position is created to accommodate an Educational Administrator’s
reassignment, the position shall be identified by the Chancellor, in consultation
with the College President, to determine the need for such faculty position.
B. Any reassignment of an administrator without tenure as a faculty member, shall
not cause the layoff or involuntary reassignment or involuntary transfer of any
Peralta Community College District
Board Policy # 3.92
tenured or probationary (tenure-track) faculty member.
C. Faculty seniority for Educational Administrators exists only for Educational
Administrators with previous service to the District as regular faculty. Seniority
shall be based on the date of first paid service as a faculty member (whether a
probationary or tenured position) in the District, excluding those periods when
no service as a faculty member was provided to the District.
D. The Educational Administrator to be reassigned shall possess and demonstrate
the academic preparation and current knowledge and skills expected of a newly
hired regular faculty member in the discipline(s) to which they are being
assigned.
E. The Director for Human Resources will notify the District Academic Senate
President of the proposal to reassign an Educational Administrator to the faculty.
Within thirty (30) days, the District Academic Senate Educational Policy
Committee shall determine the discipline(s) for which the Educational
Administrator meets the State minimum qualifications.
The Educational Administrator shall be assigned only to a discipline in which
the Educational Administrator possesses the minimum qualifications for
employment as a faculty member, as specified by minimum qualification
regulations.
For Administrators who did not previously hold a faculty position at the District,
the District in consultation with the District Academic Senate shall initially
establish, at the time the person is hired as an administrator, the discipline(s), if
any, for which the administrator meets the minimum qualifications for a faculty
position at the District based on the transcript review, and the District in
consultation with the District Academic Senate shall re-evaluate the discipline(s)
at the time the right to become a first year probationary Faculty is exercised.
F. If the Educational Administrator does not meet the minimum qualifications in a
discipline(s) at the District in which a full load can be provided to the
Educational Administrator, in keeping with section 4.0, at the time he/she
exercises his/her right to become a first year probationary Faculty, the
Educational Administrator shall not become a first year probationary Faculty
member. All reasonable, good faith efforts shall be coordinated by the Vice
Chancellor for Educational Services, in collaboration with the College’s Vice
President of Instruction (for instructional positions) or Vice President of Student
Services (for non-instructional positions) to provide a full load.
G. In a case where a choice of teaching assignments is possible, the Educational
Administrator to be reassigned should express a preference in writing to the
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Board Policy # 3.92
Director for Human Resources by April 15th . The final decision on teaching
assignments is at the District’s discretion, in compliance with this policy
H. An Educational Administrator must respond whether he/she wishes to assert
his/her right under this procedure by the timeline dictated in the notification by
the Director of Human Resources. An Educational Administrator may decline
an offer to become a first year probationary Faculty, which would forfeit all
rights in the future. Failure to respond by the timeline dictated in the notification
shall be construed as a decline of the right under this procedure.
I. An Educational Administrator reassigned to a faculty position shall be
compensated based on placement on the faculty salary schedule as defined by
the Peralta Federation of Teachers’ Collective Bargaining Agreement. The
administrator shall then receive all rights and responsibilities of a faculty
member under the Peralta Federation of Teachers’ Collective Bargaining
Agreement.
Any revisions to this Board Policy, including changes in the designation of Educational
Administrators, must be approved by the Board of Trustees after consultation with the District
Academic Senate President and prior to the job announcement. If the District Academic Senate
disagrees with the changes, the District Academic Senate shall be provided with an opportunity
to present its views to the Board of Trustees before the Board makes a determination and that the
written record of the decision, including the views of the District Academic Senate, shall be
available for review pursuant to Section 87358.
Source of Law:
Education Code Sections 87454; 87458; and 87732
Title 5 Regulations
Wong v. Ohlone College, 137 Cal.App.4th 1379
Approved by Board of Trustees:
Approved by District Academic Senate:
Peralta Community College District
Board Policy # 3.92
Attachment A: Educational Administrator Positions
The following positions are considered “educational administrator” positions for the
purposes of this policy:
Chancellor
Vice Chancellor for Educational Services
Associate Vice Chancellor of International Affairs & Distance Education
Associate Vice Chancellor of Student Support
Associate Vice Chancellor of Academic Affairs
Director of Research
Director of Student Support
Director of International Education
Director of Development
College President
Vice President of Instruction
Vice President of Student Services
Divisional Dean of Instruction
Dean of Student Services