Section 43561 - Recommendations, Review and Notice DatesRecommendations regarding reappointment, tenure and termination shall originate at the department or, where appropriate, at the division level. Such recommendations shall pass through appropriate levels to a final review committee which shall make recommendations to the president. The appropriate faculty shall participate fully at the various stages of the process. The president shall advise the academic employee of his or her decision with respect to reappointment, tenure, or termination in accordance with the dates specified in subdivisions (a) and (b) of this section (which dates are referred to as "notice dates"), and if an employee is not to be retained, the president shall advise the employee when the employee's services will terminate in accordance with subdivision (c) of this section.
(a) At campuses not on quarter system year-round operations, each probationary academic employee shall be notified of reappointment, tenure or termination as follows: (1) In the first probationary academic year of full-time service the employee shall be notified not later than March 1 of that academic year that he or she is to be reappointed for a second academic year, is to receive tenure, or is to be terminated at the end of that college year.(2) In the second probationary academic year of full-time service the employee shall be notified not later than December 15 of that academic year that he or she is to be terminated at the end of that college year or is to receive further evaluation and a notice regarding his or her third academic year by June 1 of that academic year.(3) In the second year of full-time service, if the employee is subject to further evaluation and notice as provided in subdivision (a)(2) of this section, the employee shall be notified not later than June 1 of that academic year as to whether his or her subsequent academic year is an additional probationary year or a first year of tenure, or whether he or she is to be terminated at the end of the subsequent college year.(4) In his third or subsequent academic years of full-time service the employee shall be notified not later than June 1 of each of those years as to whether his or her subsequent academic year is an additional probationary year or a first year of tenure, or whether he or she is to be terminated at the end of the subsequent college year.(b) At campuses on quarter system year-round operations, each probationary academic employee shall be notified of reappointment, tenure or termination, as follows: (1) In the first year of full-time service, if the employee's period of four consecutive quarters began with the summer or fall quarter, the employee shall be notified not later than March 1 of that academic year, that he or she is to be reappointed to a second academic year, is to receive tenure, or is to be terminated at the end of that college year.(2) In the first year of full-time service, if the employee's period of four consecutive quarters began with the winter or spring quarter, the employee shall be notified not later than September 1 of that academic year, that he or she is to be reappointed to a second academic year, is to receive tenure, or is to be terminated at the end of that college year.(3) In the second year of full-time service, if the employee's period of four consecutive quarters began with the summer or fall quarter, the employee shall be notified not later than December 15 of that academic year, that he or she is to be terminated at the end of that college year or is to receive further evaluation and notice regarding a third academic year, by June 1 of that academic year.(4) In the second year of full-time service, if the employee is subject to further evaluation and notice as provided in subdivision (b)(3) of this section, the employee shall be notified not later than June 1 of that academic year as to whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year.(5) In the second year of full-time service, if the employee's period of four consecutive quarters began with Winter or Spring Quarter, the employee shall be notified not later than June 1 of that academic year whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year.(6) In the third or subsequent academic years of full-time service, the employee shall be notified not later than June 1 of each of those academic years as to whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year.(c) Probationary academic employees who are not reappointed or awarded tenure shall terminate their services as follows: (1) At the end of the college year during which the notice date occurs for:(A) first year academic employees,(B) second year academic employees at campuses not on quarter system year-round operations, who are not appointed to a third academic year,(C) second year academic employees at campuses on quarter system year-round operations whose periods of four consecutive quarters begin with the summer or fall quarter, who are not reappointed to a third academic year.(2) At the end of the college year next following the college year during which the notice date occurs for: (A) second year academic employees other than those to whom subdivision (c)(1) is applicable,(B) third and subsequent academic year employees.(d) Probationary academic employees serving on 12 month appointments shall gain service credit toward tenure in the same manner as academic year employees at the same campus and shall be subject to the notice dates and termination dates as are applicable to academic year employees at the same campus as specified in this section.Cal. Code Regs. Tit. 5, § 43561
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 31.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39). Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Section 89534, Education Code.
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 31.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).