CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1651Introduced by Assembly Member ReyesFebruary 17, 2017 An act to add Section 87623 to the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1651, as introduced, Reyes. Community colleges: academic employees: paid administrative leave.Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state that employ faculty and provide instruction at the community college campuses they operate. Existing law, for purposes of provisions relating to community college employees, defines an academic employee as a person employed by a community college district in a type of service, excluding paraprofessional service, for which minimum qualifications have been established, and thus, for this purpose, the term academic employee is synonymous with certificated employee.This bill would prohibit an academic employee of a community college from being placed on paid administrative leave except for specified compelling reasons. This bill would specify procedures to be followed when an academic employee of a community college is placed on paid administrative leave, including the convening of a hearing by the superintendent of the community college district or, in his or her absence, by the next highest-ranking administrator of that district. The bill would specify various procedural rights of the academic employee in this situation.The bill would specify that the decision to place an academic employee of a community college on paid administrative leave is subject to the grievance provisions of an applicable collective bargaining agreement. The bill would further specify that the parties to an applicable collective bargaining agreement are entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 87623 is added to the Education Code, to read:87623. (a) An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:(1) Misappropriation of an amount of funds or property that is not de minimis.(2) An act that would constitute a felony or misdemeanor involving moral turpitude.(3) True threats of physical violence, as defined by law.(4) Other serious and extreme behavior, or serious misconduct.(b) (1) Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.(2) At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.(3) The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:(A) Reasonable notice of the proposed action given to the academic employee.(B) Reasons for the proposed action given in writing.(C) A copy of the pertinent allegations, along with any supporting materials, given to the academic employee.(D) The academic employee has a right to respond to the proposed action either orally or in writing.(c) An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.(d) The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:(1) To receive a second hearing on the propriety of the extension of the paid administrative leave.(2) To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.(e) The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic employee would have performed if he or she had not been placed on leave.(f) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1651Introduced by Assembly Member ReyesFebruary 17, 2017 An act to add Section 87623 to the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1651, as introduced, Reyes. Community colleges: academic employees: paid administrative leave.Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state that employ faculty and provide instruction at the community college campuses they operate. Existing law, for purposes of provisions relating to community college employees, defines an academic employee as a person employed by a community college district in a type of service, excluding paraprofessional service, for which minimum qualifications have been established, and thus, for this purpose, the term academic employee is synonymous with certificated employee.This bill would prohibit an academic employee of a community college from being placed on paid administrative leave except for specified compelling reasons. This bill would specify procedures to be followed when an academic employee of a community college is placed on paid administrative leave, including the convening of a hearing by the superintendent of the community college district or, in his or her absence, by the next highest-ranking administrator of that district. The bill would specify various procedural rights of the academic employee in this situation.The bill would specify that the decision to place an academic employee of a community college on paid administrative leave is subject to the grievance provisions of an applicable collective bargaining agreement. The bill would further specify that the parties to an applicable collective bargaining agreement are entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1651
Introduced by Assembly Member ReyesFebruary 17, 2017
Introduced by Assembly Member Reyes
February 17, 2017
An act to add Section 87623 to the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1651, as introduced, Reyes. Community colleges: academic employees: paid administrative leave.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state that employ faculty and provide instruction at the community college campuses they operate. Existing law, for purposes of provisions relating to community college employees, defines an academic employee as a person employed by a community college district in a type of service, excluding paraprofessional service, for which minimum qualifications have been established, and thus, for this purpose, the term academic employee is synonymous with certificated employee.This bill would prohibit an academic employee of a community college from being placed on paid administrative leave except for specified compelling reasons. This bill would specify procedures to be followed when an academic employee of a community college is placed on paid administrative leave, including the convening of a hearing by the superintendent of the community college district or, in his or her absence, by the next highest-ranking administrator of that district. The bill would specify various procedural rights of the academic employee in this situation.The bill would specify that the decision to place an academic employee of a community college on paid administrative leave is subject to the grievance provisions of an applicable collective bargaining agreement. The bill would further specify that the parties to an applicable collective bargaining agreement are entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this bill.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state that employ faculty and provide instruction at the community college campuses they operate. Existing law, for purposes of provisions relating to community college employees, defines an academic employee as a person employed by a community college district in a type of service, excluding paraprofessional service, for which minimum qualifications have been established, and thus, for this purpose, the term academic employee is synonymous with certificated employee.
This bill would prohibit an academic employee of a community college from being placed on paid administrative leave except for specified compelling reasons. This bill would specify procedures to be followed when an academic employee of a community college is placed on paid administrative leave, including the convening of a hearing by the superintendent of the community college district or, in his or her absence, by the next highest-ranking administrator of that district. The bill would specify various procedural rights of the academic employee in this situation.
The bill would specify that the decision to place an academic employee of a community college on paid administrative leave is subject to the grievance provisions of an applicable collective bargaining agreement. The bill would further specify that the parties to an applicable collective bargaining agreement are entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this bill.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 87623 is added to the Education Code, to read:87623. (a) An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:(1) Misappropriation of an amount of funds or property that is not de minimis.(2) An act that would constitute a felony or misdemeanor involving moral turpitude.(3) True threats of physical violence, as defined by law.(4) Other serious and extreme behavior, or serious misconduct.(b) (1) Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.(2) At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.(3) The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:(A) Reasonable notice of the proposed action given to the academic employee.(B) Reasons for the proposed action given in writing.(C) A copy of the pertinent allegations, along with any supporting materials, given to the academic employee.(D) The academic employee has a right to respond to the proposed action either orally or in writing.(c) An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.(d) The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:(1) To receive a second hearing on the propriety of the extension of the paid administrative leave.(2) To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.(e) The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic employee would have performed if he or she had not been placed on leave.(f) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 87623 is added to the Education Code, to read:87623. (a) An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:(1) Misappropriation of an amount of funds or property that is not de minimis.(2) An act that would constitute a felony or misdemeanor involving moral turpitude.(3) True threats of physical violence, as defined by law.(4) Other serious and extreme behavior, or serious misconduct.(b) (1) Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.(2) At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.(3) The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:(A) Reasonable notice of the proposed action given to the academic employee.(B) Reasons for the proposed action given in writing.(C) A copy of the pertinent allegations, along with any supporting materials, given to the academic employee.(D) The academic employee has a right to respond to the proposed action either orally or in writing.(c) An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.(d) The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:(1) To receive a second hearing on the propriety of the extension of the paid administrative leave.(2) To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.(e) The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic employee would have performed if he or she had not been placed on leave.(f) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.
SECTION 1. Section 87623 is added to the Education Code, to read:
### SECTION 1.
87623. (a) An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:(1) Misappropriation of an amount of funds or property that is not de minimis.(2) An act that would constitute a felony or misdemeanor involving moral turpitude.(3) True threats of physical violence, as defined by law.(4) Other serious and extreme behavior, or serious misconduct.(b) (1) Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.(2) At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.(3) The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:(A) Reasonable notice of the proposed action given to the academic employee.(B) Reasons for the proposed action given in writing.(C) A copy of the pertinent allegations, along with any supporting materials, given to the academic employee.(D) The academic employee has a right to respond to the proposed action either orally or in writing.(c) An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.(d) The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:(1) To receive a second hearing on the propriety of the extension of the paid administrative leave.(2) To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.(e) The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic employee would have performed if he or she had not been placed on leave.(f) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.
87623. (a) An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:(1) Misappropriation of an amount of funds or property that is not de minimis.(2) An act that would constitute a felony or misdemeanor involving moral turpitude.(3) True threats of physical violence, as defined by law.(4) Other serious and extreme behavior, or serious misconduct.(b) (1) Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.(2) At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.(3) The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:(A) Reasonable notice of the proposed action given to the academic employee.(B) Reasons for the proposed action given in writing.(C) A copy of the pertinent allegations, along with any supporting materials, given to the academic employee.(D) The academic employee has a right to respond to the proposed action either orally or in writing.(c) An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.(d) The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:(1) To receive a second hearing on the propriety of the extension of the paid administrative leave.(2) To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.(e) The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic employee would have performed if he or she had not been placed on leave.(f) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.
87623. (a) An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:(1) Misappropriation of an amount of funds or property that is not de minimis.(2) An act that would constitute a felony or misdemeanor involving moral turpitude.(3) True threats of physical violence, as defined by law.(4) Other serious and extreme behavior, or serious misconduct.(b) (1) Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.(2) At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.(3) The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:(A) Reasonable notice of the proposed action given to the academic employee.(B) Reasons for the proposed action given in writing.(C) A copy of the pertinent allegations, along with any supporting materials, given to the academic employee.(D) The academic employee has a right to respond to the proposed action either orally or in writing.(c) An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.(d) The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:(1) To receive a second hearing on the propriety of the extension of the paid administrative leave.(2) To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.(e) The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic employee would have performed if he or she had not been placed on leave.(f) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.
87623. (a) An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:
(1) Misappropriation of an amount of funds or property that is not de minimis.
(2) An act that would constitute a felony or misdemeanor involving moral turpitude.
(3) True threats of physical violence, as defined by law.
(4) Other serious and extreme behavior, or serious misconduct.
(b) (1) Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.
(2) At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.
(3) The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:
(A) Reasonable notice of the proposed action given to the academic employee.
(B) Reasons for the proposed action given in writing.
(C) A copy of the pertinent allegations, along with any supporting materials, given to the academic employee.
(D) The academic employee has a right to respond to the proposed action either orally or in writing.
(c) An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.
(d) The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:
(1) To receive a second hearing on the propriety of the extension of the paid administrative leave.
(2) To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(e) The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic employee would have performed if he or she had not been placed on leave.
(f) The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.