Community colleges: academic employees: involuntary administrative leave.
AB 1383 introduces a specific timeframe within which community colleges must complete investigations into alleged misconduct after placing an employee on involuntary paid leave. The bill clarifies that the 90-day time frame for these investigations is defined as '90 working days', excluding weekends and holidays. Furthermore, it allows for an extension of this period by mutual agreement between the college administration and the employee, not exceeding an additional 30 calendar days. This modification aims to reinforce the stability of employment while ensuring that necessary investigations are conducted timely and fairly.
Assembly Bill No. 1383, introduced by Assemblymember Carrillo, seeks to amend Section 87623 of the Education Code to establish clearer protocols for placing academic employees of community colleges on involuntary administrative leave. The bill stipulates that before such an employee can be placed on leave due to misconduct allegations, they must receive a written notification outlining the nature of the allegations at least two business days prior. This provision intends to ensure that employees are adequately informed and have an opportunity to respond before being subjected to a leave of absence from their duties.
The sentiment surrounding AB 1383 appears generally supportive, particularly among labor advocates and educational employees. By providing clearer guidelines and protections for academic staff, the bill is viewed as a means to enhance fairness and transparency when addressing allegations of misconduct. However, some apprehensions were raised regarding the potential bureaucratic delays that could arise from the extended timeframe for investigations, which may hinder disciplinary actions deemed necessary in certain situations.
A notable point of contention with this bill is its provision allowing for administrative leave to be initiated without prior notice in cases of 'serious risk of physical danger', which could create ambiguity in situations that warrant immediate action. Critics argue that this clause may lead to potential misuse, where administrators might justify immediate leave without sufficient notification, thereby undermining the rights of employees to defend themselves against allegations. Thus, while maintaining employee protections, there is a push for a balanced approach that does not compromise workplace safety and adequate response to misconduct.