Decision 0602E – Rancho Santiago Community College District
Decision Date: December 30, 1986
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18021
1500.02000 – Education Code Sections Considered by PERB (By Number)
Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority.
300.15000 – Speech
An employee's newsletter articles criticizing the employers' administration is protected speech if it relates to matters of legitimate concern to employees as employees and is not opprobrious, flagrant, insulting, defamatory, insubordinate or fraught with malice as to cause substantial disruption of or material interference with school activities. Exaggerated and over stated language is not, by itself, enough where described events are widely known; pp. 12-13.
503.03000 – Warning Letters, Reprimands, Evaluations
Notice of unprofessional conduct (Ed. Code sec. 87734) is disciplinary action that may not be taken and must be rescinded if due to the exercise of protected rights such as free speech; pp. 15-16.
1205.08000 – Expunging Employee Personnel Files
Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority; pp. 15-16.