Cal. Code Regs. tit. 5 § 42700

Current through Register 2024 Notice Reg. No. 17, April 26, 2024

Section 42700 - Definitions

The following definitions shall apply as used in this subchapter:

(a) "Trustees" means the Board of Trustees of the California State University created by Section 66600 of the Education Code.

(b) "California State University" means all the California State University and the Office of the Chancellor.

(c) "Chancellor" means the Chancellor of the California State University.

(d) "Office of the Chancellor" means the central offices directed by the Chancellor.

(e) "Campus" means each institution of the California State University.

(f) "Position" means any office or employment in the California State University.

(g) "Classification" or "class" means a group of positions sufficiently similar with respect to duties and responsibilities that the same title may reasonably and fairly be used to designate such position allocated to the class and that substantially the same tests of fitness may be used and that substantially the same minimum qualifications may be made to apply with equity.

(h) "Employee" means a person legally holding a position in the California State University.

(i) "Appointing power" means a person or group having authority to make appointments to positions in the California State University. Unless otherwise provided by law, the appointing power shall be the campus President for campus employees and the Chancellor for employees in the Office of the Chancellor.

(j) "Appointment" means the offer to and acceptance by a person of employment in a position in the California State University. Appointments may be temporary, probationary, permanent or at the pleasure of the appointing authority. Appointments include various personnel actions such as initial appointments, reappointments (including reappointments which confer tenure or permanent status), promotions, transfers, demotions and reinstatements.

(k) "Layoff" means the separation of an employee from a position for lack of funds or lack of work.

(l) "Academic employee" means an employee engaged either (1) primarily in instruction who is employed and compensated on the basis of class and rank or (2) in very closely related professional activities such as those carried on by professional librarians on a campus. The classes of positions whose incumbents may be eligible for inclusion in the closely related area (2 above) will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment. Specific decisions on individual incumbents will be made in light of these guidelines.

(m) "Administrative employee" means an employee engaged primarily in one or a combination of professional or quasi-professional activities. The classes of positions which will be placed in the administrative category will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment.

(n) "Executive employee" means an employee with primary responsibility for the execution of policy and includes the Chancellor, vice chancellors and the campus presidents.

(o) "Nonacademic employees" means an employee who provides noninstructional and nonadministrative supporting services such as secretarial, clerical, and maintenance services. A nonacademic employee may have lead responsibility, but normally does not have responsibility for major decisions. Higher academic degrees are not an essential qualification for service as a nonacademic employee.

(p) "Academic-administrative assignment" means:

(1) A work assignment to be determined by the Trustees, filled by an academic (class and rank) or an administrative employee at a campus or the Chancellor's Office. The incumbent, while on academic-administrative assignment, serves in a key administrative capacity, planning, organizing and directing activities which relate to the instructional programs and/or participates in policy planning; or

(2) The work assignment of an administrative employee who has demonstrated to the president and the faculty or the Office of the Chancellor that the employee's job performance is, to a high degree, closely identified with the total management of a campus or the California State University. Classes of positions whose incumbents may be eligible for such assignment will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment. Specific decisions on individual incumbents will be made in light of these guidelines.

(q) "Tenure" or "permanent" when used in relation to employment status means the right to continued employment on a particular campus or in the Office of the Chancellor unless dismissed for cause or laid off for lack of funds or lack of work.

(r) "Probationary period" means the period an employee must serve before becoming a tenured or permanent employee.

(s) "Probationary employee" means an employee who is serving a period of probation on a campus or in the Office of the Chancellor.

(t) "Quarter system year-round operations" means the offering by a campus of regular session instruction during each of the four quarters of a college year, where each such quarter is of approximately the same length.

(u) "Year of service" means:

(1) For academic employees on 12-month assignments, nonacademic employees, administrative employees and executive employees, any 12 consecutive months of full-time employment.

(2) For academic employees, nonacademic employees, administrative employees and executive employees, in cases where any such category of employee is serving on a 10-month assignment, 10 consecutive months of full-time employment.

(3) For academic employees on academic year appointments, an academic year of full-time employment.

(4) For Management Personnel Plan employees on academic year assignments, an academic year of full-time employment; for Management Personnel Plan employees on 10-month assignments, any 10 consecutive months of full-time employment; and for Management Personnel Plan employees on 12-month assignments, any 12 consecutive months of full-time employment.

(v) "Academic year" means:

(1) For campuses not on quarter system year-round operations, a total of two consecutive semesters, or three consecutive quarters, each semester or quarter being of the same approximate length as the other semester or quarters, and which academic year commences with the opening of the fall term.

(2) For campuses on quarter system year-round operations, a total of any three quarters each of approximately the same length, in a period of four consecutive quarters, established pursuant to Article 2.5. A total of any six such quarters in a period of eight consecutive quarters, shall constitute two academic years.

(w) "College year" means that period of time, in which a campus offers regular session instruction, which period consists of two, three, or four regular terms.

(1) For campuses not on quarter system year-round operations, the college year is coterminous with the academic year.

(2) For campuses on quarter system year-round operations, the college year is composed of four consecutive quarters, each of approximately the same length and commencing with the opening of the summer quarter.

(x) "Lecturer" is a title used to cover a nonpermanent academic assignment normally of a visiting or part-time nature where the salary level of the individual is in accordance with the individual's qualifications.

(y) "Teaching service area" means a generally recognized subject matter field or a specialized curriculum depending on the manner in which faculty assignments are determined at a campus.

(z) "Triad", when used in relation to quarter system year-round operations, means a period of 36 months or 12 quarters, commencing in the case of each academic year employee at a campus or quarter system year-round operations, with the beginning of the first quarter of the employee's first academic year at such a campus.

(aa) "Qualifying monthly pay period" means, for purposes of computing credit for vacation with pay, a monthly pay period during which an employee is in pay status for eleven or more work days. Omission from pay status for more than eleven consecutive working days within two consecutive monthly pay periods bars one such period from being qualified.

(bb) "Management Personnel Plan employee" means an employee who has been designated as "management" or "supervisory" in accordance with the provisions of the Higher Education Employer-Employee Relations Act. The rights and responsibilities of a Management Personnel Plan employee shall be defined by those sections in Subchapter 7 which address Management Personnel Plan employees which sections shall supersede any other section of Subchapter 7 which may have applied to them prior to their having become Management Personnel Plan employees. A Management Personnel Plan employee is neither an administrative, academic, or nonacademic employee while serving in a Management Personnel Plan position. These previous designations shall be relevant only when a Management Personnel Plan employee exercises rights to retreat to a position in which permanent status or tenure was held prior to January 1, 1984. Only after reassuming such position shall the employee assume any rights or duties associated with administrative, academic or nonacademic status.

Cal. Code Regs. Tit. 5, § 42700

1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 67, No. 37.
2. Amendment of subsection (a) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New subsection (aa) filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).

Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.