§ 87623

(a) Each academic employee who is subject to accusations of misconduct is entitled to be provided with the general nature of the accusations made against the employee at least two business days before the employee is placed on involuntary paid administrative leave. At least two business days before the employee is placed on involuntary paid administrative leave, the employee shall be notified in writing of the general nature of the allegation or allegations of misconduct upon which the decision to place the employee on involuntary paid administrative leave is based.

(b) The requirements of subdivision (a) do not apply in the event of a serious risk of physical danger or other necessity arising from the specific allegations, and the employee may immediately be placed on involuntary paid administrative leave. The employee shall be provided with, at minimum, the general nature of the accusations made against the employee within five business days of the employee being placed on involuntary paid administrative leave.

(c) (1) Within 90 working days of placing an academic employee on involuntary paid administrative leave, the employer should complete its investigation of the accused misconduct and initiate disciplinary proceedings against, or reinstate, the employee, unless the period of paid administrative leave is extended by agreement of the employee and employer. The extension may not exceed 30 calendar days. The board of governors may, by regulation, establish a required amount of time in which an employer is expected to comply with this subdivision.

(2) For purposes of this subdivision, “working days” means Monday through Friday and does not include weekends and state holidays.

(d) For purposes of this section, “paid administrative leave” means a temporary leave from a job assignment, with pay and benefits intact.

(e) This section does not supersede the rights of labor organizations or employees pursuant to the Educational Employment Relations Act established in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.

(Amended by Stats. 2021, Ch. 29, Sec. 1. (AB 1383) Effective January 1, 2022.)