topleft CSBA.org >  Services >  Governance Technology > 

Legal Resources | Title 5 |  T5  43560  

Article 13. Tenure Rights of Academic Employees Probationary Period and Award of Tenure.   

arrow Previous bar Next arrow

Decisions with respect to the award or denial of tenure to a probationary academic employee as defined in Section 42700, subdivision (1), appointed pursuant to Article 2, Article 2.5, or both, shall be on the basis of full-time service in accordance with the procedures established pursuant to Section 42701 and pursuant to the following provisions:

(a) The normal pattern of awarding tenure, except as modified below, shall involve the assessment of a faculty member's performance over a period of four successive academic years, and for those not awarded tenure, a terminal year.

(b) The president may determine to award a fifth probationary year appointment. Should it be considered by the end of that year that more time is still necessary to evaluate the probationary academic employee for tenure purposes, the president may award a final sixth probationary year appointment. For those denied tenure following the final probationary year, a terminal year shall be awarded as provided in Subdivision (c) of Section 43561. A probationary academic employee shall not serve more than seven successive full-time years.

(c) If the academic employee transfers from an existing campus to a newly established campus under the provisions of Education Code Section 89545, the employee shall be accorded such tenure rights at the newly established campus as the employee had acquired at the existing campus.

(d) If a tenured academic employee transfers from one campus to another campus and such transfer is not under the provisions of Education Code Section 89545, the employee may be appointed with tenure or with such credit towards tenure as the president of the campus to which the employee transfers shall determine.

(e) If a probationary academic employee transfers from one campus to another campus, and such transfer is not under the provisions of Education Code Section 89545, the employee may be appointed with such credit toward tenure as the president of the campus to which the employee transfers shall determine.

(f) If the academic employee is initially appointed to the rank of professor, the employee may be considered for tenure during his or her first academic Year, and, not later than June 1 of the employee's second year, he or she shall be notified by the president or designee that the employee will either receive tenure or a terminal year.

(g) Notwithstanding any provision in this article to the contrary, the president in special circumstances may award tenure to any probationary academic employee earlier than the normal probationary period otherwise provided in this section, when, following an evaluation of the performance of the faculty member at the campus, the president finds that such early award of tenure is advantageous to the institution.

(h) Except as provided in subdivision (c), (d) and (g) of this Section, whenever tenure is awarded to an academic employee, the tenure shall be effective when the academic employee enters upon his or her duties at the same campus at the beginning of the academic year next succeeding the year during which tenure is awarded.

(i) If the academic employee is promoted to the rank of assistant professor during his or her probationary period, he or she shall be credited with consecutive probationary years already served at the campus at the rank of instructor.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500

Reference:

Education Code 89500

(Amended by Register 82, No. 39.)