Academic Employees: Involuntary Leave (AB 1651) (CCD)
Assembly bill (“AB”) 1651, which was signed into law on October 13, 2017, adds a notice requirement for academic employees placed on paid administrative leave for alleged misconduct, as well as a suggested investigatory time frame. AB 1651 adds section 87623 to the Education Code.
LEGAL UPDATE
December 13, 2017
To: Superintendents/Presidents/Chancellors, Member Community College Districts (CCD)
From: Ellie R. Austin, Schools Legal Counsel
Subject: Academic Employees: Involuntary Leave (AB 1651)
Memo No. 28-2017 (CC)
Assembly bill (“AB”) 1651, which was signed into law on October 13, 2017, adds a notice requirement for academic employees placed on paid administrative leave for alleged misconduct, as well as a suggested investigatory time frame. AB 1651 adds section 87623 to the Education Code.
The law requires that at least two (2) business days before an academic employee is placed on paid administrative leave related to allegation(s) of misconduct, the employee must be notified in writing as to the general nature of the allegation(s) on which the district based its decision to place the employee on administrative leave. Additionally, within 90 (calendar) days of placing the academic employee on involuntary paid leave, the district should complete its investigation into the alleged misconduct and either initiate disciplinary proceedings against, or reinstate, the employee.[1]
The new notice requirements do not apply in the event of a serious risk of physical danger or other necessity arising from the specific allegations against the employee. In that case, the employee may be immediately placed on paid administrative leave. Within five (5) business days thereof, the employee must be provided with, at a minimum, the general nature of the accusations made against him or her.
Under the statute, “paid administrative leave” means temporary leave from a job assignment, with pay and benefits intact.
The new law does not supersede the rights of labor organizations or employees pursuant to the Educational Employment Relations Act.
Please contact our office with questions regarding this Legal Update or any other legal matter.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
© 2017 School and College Legal Services of California
All rights reserved. However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.
[1] The Board of Governors of the California Community Colleges may establish a required amount of time in which an employer is expected to comply with this provision, but no required time frame exists as of the date of publication of this Legal Update.
