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Legal Resources | Title 5 |  T5  43585  

Notice of Rejection to Probationary Administrative Employee.   

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The president of a campus for campus employees or the Chancellor for employees in the Office of the Chancellor may determine at any time during an administrative employee's probationary period that the employee is to be rejected. Upon making such a determination, the president or the Chancellor shall give notice of rejection to the employee. The notice shall state the assigned date of separation.

(a) The notice periods shall be as follows:

Following completion of six months or more of continuous service, notice shall be given not less than fifteen days prior to the assigned date of separation; or

Following completion of twelve months or more of continuous service, notice shall be given not less than thirty days prior to the assigned date of separation;

Following completion of eighteen months or more of continuous service notice shall be given no later than the last day of the probationary period, and not less than forty-five days Prior to the assigned date of separation.

Notwithstanding Section 43580, an administrative employee shall not become a permanent employee on beginning the third year of service if notice of rejection pursuant to this section has been given at any time during the probationary period.

(b) When the president or the Chancellor determines that it is in the best interests of the California State University or any campus thereof that a probationary administrative employee should be relieved of any or all of his or her duties following notice of rejection, the president or the Chancellor may designate other duties for the employee, or may direct the employee to take a vacation, or may direct the employee to take a leave of absence with pay. Such designation of other duties, vacation or leave of absence shall not be deemed a disciplinary action or reassignment.

(c) The notice of rejection to the probationary administrative employee shall be in writing, signed by the campus president or designee for campus employees, or Chancellor or designee for employees in the Office of the Chancellor, and mailed by certified mail, return receipt requested to the employee at his or her last known address; or the notice may be delivered to the employee in person who shall acknowledge receipt of the notice in writing. If the notice is delivered to the employee who refuses to acknowledge receipt thereof, the person delivering the notice shall file with the campus president or Chancellor as appropriate, a declaration of service thereof, which declaration shall be regarded as acknowledgment of receipt of notice.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500

Reference:

Education Code 89500

(Amended by Register 82, No. 39.)