9130 Change in Position or Location
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1.0 Academic Employee
1.1 A tenured academic employee, when assigned from a faculty position to a management position or assigned any special or other type of work or given special classification or designation, shall remain a tenured faculty member. (Education Code § 87454)
1.2 All persons employed in a management position before July 1, 1990 will be subject to rules and regulations regarding reassignment to a non-management position that were in practice as of June 30, 1990.
2.1 Except for a manager in a categorical or specially funded position, a manager who has not previously acquired tenured status as a faculty member shall have the right of assignment as a first-year probationary faculty member once the managerial assignment ends, or if the manager's request for assignment is approved, if all of the following apply:
2.1.1 The manager holds a credential in the discipline of the assignment or meets the minimum qualifications or equivalencies for the discipline to which the manager will be assigned as delineated in the District's list of minimum qualifications and equivalencies. For purposes of this policy, recency in the discipline would not be a condition of reassignment.
2.1.2 The manager has completed at least two years of satisfactory District service, including any prior District service as a faculty member.
2.1.3 The termination of the management assignment is for any reason other than cause.
2.1.4 The reasons for the assignment are presented to the manager in writing by the Chancellor on behalf of the Board of Trustees, if requested by the manager. (Education Code § 87458)
2.2 Section 2.1 shall not apply to a manager in a categorical or specially funded position.
2.3 Nothing in this policy will prohibit a manager from receiving an administrative review of the decision to assign to faculty in accordance with Board Policy and Regulation (P-9321)/(R-9321), if requested.
3.0 Determination of Assignment
3.1 The Chancellor, acting on behalf of the Board of Trustees, shall seek the advice and judgment of the District Academic Senate when considering the discipline of the assignment of a manager to the faculty. The Chancellor will include the District Senate's written recommendation together with the recommendation being presented to the Board. A written record of the decision of the Board, including the views of the District Academic Senate, shall be available for review. (Education Code § 87458)
3.2 Whenever possible, the manager will be assigned to a discipline in which the manager has not only the minimum qualifications, but where the following conditions apply:
a) There are sufficient assignments in the discipline or service at one college or location currently held by temporary faculty to make a full-time assignment for an additional faculty member;
b) The manager has indicated a preference for the assignment in writing.
4.1 Opportunities for retraining (up to one semester) may be made available to managers being considered for reassignment. The Chancellor and the manager will develop the retraining goals and the courses of study or training activities to be undertaken to achieve these goals.
4.2 The manager shall agree in writing to serve the District for two (2) years following a retraining leave. At the option of the District, this requirement may be waived.
4.3 Vacation will not continue to accrue during a retraining leave. Accrued vacation will be paid if the manager is reassigned to a different employee unit.
4.4 A manager may be assigned other duties during a retraining leave.
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