Participating
Effectively in District and College Governance
Fall 1998
TABLE OF CONTENTS Introduction
Part I. The
Local Board Policy on Collegial Consultation Questions 1 to 6
Part II.
Academic And Professional Matters Questions 7 to 10
Part III.
Mutual Agreement And Rely Primarily Questions 11 to 15 Part IV. Implementing
The Collegial Consultation Process Questions 16 to 24
Part V. Roles
of The Academic Senate And Exclusive Bargaining
Agent Questions 25 to 27
Part VI.
Students And Staff Questions 28 to 32
Part VII.
Keeping Participatory Governance Strong Questions 33 to 34
Part VIII.
Compliance Questions 35 to 39
Appendices
Assistance to Assure Effective
Participation in District and College Governance
AB 1725 Implementation Assistance Request
INTRODUCTION
The following guidelines on local
decision-making processes have been developed
by a joint task force of representatives of the
California Community College Trustees (CCCT),
Chief Executive Officers of the California Community
Colleges (CEOCCC) and the Academic Senate of the
California Community Colleges. They have been
endorsed by the boards of directors of the CCCT
and CEOCCC and by resolution of the Academic Senate
for California Community Colleges. The guidelines
augment ones developed in 1992 by a similar joint
task force.
The guidelines are grouped by issue
area and are in the form of questions and answers.
The questions and answers are not intended to
cover all situations which may be encountered,
but address questions most frequently raised.
In the answers developed, use of the word "should"
refers to a good practice, but one that is not
required. The word "must" indicates the action
outlined is required by law or state regulation.
The purpose of the guidelines is
to provide assistance to trustees, CEOs, academic
senate leaders, administrators, classified staff
and students which will enable them to fulfill
the intent of effective participation in local
decision making as delineated in state law and
Board of Governors regulations.
PART I. THE LOCAL
BOARD POLICY ON COLLEGIAL CONSULTATION
1.
QUESTION: What is meant by the term "shared governance?"
"Shared governance" is not a term
that appears in law or regulation. Education Code
§70902(b)(7) calls on the Board of Governors to
enact regulations to "ensure faculty, staff, and
students...the right to participate effectively
in district and college governance" and, further,
to ensure "the right of academic senates to assume
primary responsibility for making recommendations
in the areas of curriculum and academic standards."
The intent of the Legislature in
enacting this section of AB 1725 was "to authorize
more responsibility for faculty members in duties
that are incidental to their primary professional
duties" and to assure that "increased faculty
involvement in institutional governance and decision
making" does not conflict with faculty rights
in collective bargaining (Section 4n). This shared
involvement in the decision making process does
not necessarily imply total agreement nor does
it abrogate the ultimate decision making responsibility
of the local governing board.
Title 5 §§51023.7 and 52023.5 state
requirements for the "effective participation"
of students and staff, respectively, in the development
of recommendations to the governing board. Title
5 §53203 requires the governing board to "consult
collegially" with the academic senate on academic
and professional matters (defined in §53200).
Consequently, the more precise terms
call for the governing board to assure effective
participation of students and staff and
to consult collegially
with academic senates. Later questions will give
guidance on these two processes. The term "shared
governance" can take on many meanings and it is
suggested that its use be curtailed in favor of
the more precise terms.
2.
QUESTION: What needs to be done by local boards
and academic senates to implement the regulations
to ensure the right of academic senates to assume
primary responsibility for making recommendations
in the areas of academic and professional matters?
The senate and the local board or
its designee (usually the chancellor, superintendent/president,
or president and senior administration) need to
"consult collegially" on the development or modification
of the district policy for board action to implement
the regulations. This policy can be very general
(i.e., a statement that the district will operate
according to the provisions of Title 5 §§53200-53204)
or more specific in terms of how the district
carries out the regulations. Different boards
and districts may include different amounts of
procedural detail in district policy. (However,
see recommendations in Questions 4 and 5 on selecting
rely primarily/mutual agreement options.)
3.
QUESTION: In adopting or modifying policy on academic
and professional matters, does the governing board
have to meet directly with the senate?
No. The governing board and the
senate may each designate appropriate representatives
as their voices in the mutual development or modification
of policy on academic and professional matters.
It is the responsibility of the designees to communicate
with their respective constituencies on an ongoing
basis so as to best represent them.
4.
QUESTION: The regulations list eleven areas defined
as academic and professional matters. The local
board must adopt procedures identifying how it
will consult collegially in these eleven areas.
Those procedures include either to "rely primarily
upon the advice and judgment of the academic senate"
or to "reach mutual agreement." Must a local board
select only one procedure for addressing all of
the identified academic and professional matters
or can there be a different approach used for
the different matters?
Either one of the procedures can
be used to address each of the eleven areas defined
as academic and professional matters; the procedure
need not be the same for all eleven. It is recommended,
although not required, that the specific procedure
selected be identified in policy for each of the
academic and professional matters.
5.
QUESTION: Who decides which of the two processes
in the regulations ("rely primarily" or "mutual
agreement") should be used on a given issue related
to academic and professional matters?
The local governing board. However,
it is recommended that the eleven categories of
academic and professional matters listed in the
regulations be the subject of local discussions
so that all concerned will know in advance which
issues will be dealt with according to which process.
These may then be included in adopted policy.
6.
QUESTION: Why is it recommended that the governing
board policy specify either the rely primarily
or mutual agreement mode of collegial consultation
for each of the eleven academic and professional
matters?
In preparing recommendations to
the governing board, it is necessary that all
parties know in advance their responsibilities
for determining recommendations. It is important
for the governing board to communicate its expectations
for the process of developing recommendations.
Prior agreement on process has the advantage of
allowing the board to focus on the content of
recommendations rather than on procedural details.
PART
II. ACADEMIC AND PROFESSIONAL MATTERS
7.
QUESTION: The regulations list eleven areas defined
as "academic and professional matters." What is
the scope of each of the academic and professional
matters?
The intent of the list of academic
and professional matters is to state more specifically
the breadth of the legal requirement for the academic
senate to assume primary responsibility for making
recommendations on "curriculum and academic standards"
[Education Code §70901(b)(7)]. These guidelines
do not attempt to further define the list of academic
and professional matters. Often it is the context
of the issue which determines if it is an academic
and professional matter. To assist in this determination,
the companion document "Scenarios Illustrating
Effective Participation in District and College
Governance" gives examples of particular issues
and good practice for their resolution through
collegial consultation. Furthermore, the eleventh
item allows the academic senate and the governing
board to mutually agree on adding other issues
as being subject to collegial consultation. Academic
senates, along with governing boards and their
designees, are encouraged to establish processes
through which the status of any issue as an academic
and professional matter is determined.
8.
QUESTION: Is it helpful to have a process by which
issues are determined to be an academic and professional
matter?
Yes. Because academic and professional
matters are broad in scope, it is important that
colleges and districts have an agreed-upon mechanism
for clarifying when an item is an academic and
professional matter and thus requiring collegial
consultation. Good practice for developing this
mechanism involves agreement between the academic
senate or its representative(s) and the board
or its designee.
9.
QUESTION: One of the eleven areas of academic
and professional matters is district and college
governance structures, as related to faculty roles.
Must the district consult collegially on the administrative
organization chart of the district and/or college?
No. How the administration is organized
may be a matter for wide participation by the
affected parties but is outside the scope of the
district’s responsibility to consult collegially
with the senate. However, organizational changes
which affect academic and professional matters
such as curriculum or faculty role in governance
would require consultation with the academic senate.
10.
QUESTION: Another one of the eleven areas of academic
and professional matters is "processes for institutional
planning and budget development." Does this regulation
relate to the institutional plans and budgets
themselves, or only to the process by which plans
and budgets are developed for presentation to
the board?
The regulation relates only to the
process. The academic senate is to be consulted
collegially in shaping the processes used for
developing the plans and budgets to be acted upon
by the governing board. The board is not required
to either "rely primarily" on the senate’s recommendations
or reach mutual agreement with the senate on the
plans and budgets themselves.
PART
III. MUTUAL AGREEMENT AND RELY PRIMARILY
11.
QUESTION: If the governing board chooses the option
to "rely primarily" on the advice of the academic
senate in any of the eleven areas of academic
and professional matters, is the board required
to accept the recommendation of the senate?
No. Title 5 regulations clearly
state that in most cases under the "rely primarily"
option the recommendation of the academic senate
will be adopted. However, there are conditions
under which the local board may need to make a
decision different from the senate's recommendation.
(The circumstances covering such a decision are
addressed in the next Question.)
12.
QUESTION: A district governing board which chooses
the "rely primarily" procedure is normally supposed
to accept recommendations of the senate in any
of the eleven areas of academic and professional
matters unless there are "exceptional circumstances"
and "compelling reasons." What do these mean?
The regulations do not define the
terms "exceptional circumstances" and "compelling
reasons," and these terms are not intended to
have a legal definition outside the context of
this law. (However, these regulations do have
the force of law. See Question 35.) These terms
mean that boards must usually accept senate recommendations,
and that in instances where a recommendation is
not accepted the reasons for the board's decision
must be in writing and based on a clear and substantive
rationale which puts the explanation for the decision
in an accurate, appropriate, and relevant context.
Boards tempted to reject a recommendation
might, instead, ask the senate to reconsider the
recommendation in light of the issues that have
not been resolved to the board's satisfaction
or in cases in which the clarity, accuracy or
completeness of the recommendation needs improvement.
13.
QUESTION: A district governing board which chooses
the "mutual agreement" procedure is supposed to
reach written agreement with the senate in any
of the eleven areas of academic and professional
matters. When may the board act if it is not able
to reach mutual agreement with the academic senate?
If there is no existing policy,
the regulations say the board may act without
reaching mutual agreement if there are "compelling
legal, fiscal or organizational reasons" why it
must do so. Again, the word "compelling" is not
defined in the regulations and is not intended
to have a legal definition outside the context
of this law. (Again, the regulations have the
force of law. See Question 35.) It means that
in instances where mutual agreement with the senate
is not reached, a board decision must be based
on a clear and substantive rational that puts
the explanation for the decision in an accurate,
appropriate and relevant context.
14.
QUESTION: When there is an existing policy, is
the board permitted to act without mutual agreement?
Generally, no. If there is an existing
policy, that policy simply stays in effect until
mutual agreement is reached. However, there may
be cases when the existing policy "exposes the
district to legal liability or causes substantial
fiscal hardship." In these circumstances, a board
may act without reaching mutual agreement provided
that it has made a good faith effort to reach
agreement and has "compelling legal, fiscal or
organizational reasons" to act (as the term "compelling"
is described in the previous question) without
waiting any longer for agreement.
15.
QUESTION: The "mutual agreement" procedure appears
to contain de facto ability to block changes in
policy when an existing policy is in place by
failing to agree to needed action. What would
happen if this occurs?
It would be bad faith to use the
regulations in order to block changes in policy
when an existing policy is in place by failing
to agree to needed action. If a board refuses
or fails to participate or consult constructively
in the attempt to reach mutual agreement, a senate
may choose to initiate the technical assistance
process delineated in the Academic Senate/CCLC
document "Assistance to Assure Effective Participation
in District and College Governance." (See Appendix
A.) On the other hand, if the senate attempts
to use the regulations process to block board
action by refusing or failing to participate or
consult constructively, the board and chief executive
officer may seek help through the technical assistance
process as well.
PART
IV. IMPLEMENTING THE COLLEGIAL CONSULTATION PROCESS
16.
QUESTION: Once board policies on collegial consultation
and effective participation have been approved,
how can the implementing procedures, structures
and committees be developed to ensure the process
follows the intent of policy?
Adoption of the governing board
policy on collegial consultation is only the first
step in complying with the regulations. Procedures,
structures, and committees must be reviewed and
revised to implement the policy.
The academic senate and the governing
board designee should examine existing structures
that deal with academic and professional matters.
Those committees which are already charged with
academic and professional matters, such as curriculum
and staff development, should be reviewed to assure
that their structures and charges are appropriate.
(See Question 17 on committee structure.) Where
committees may not exist to deal specifically
with an academic and professional matter, a new
committee may be needed or, perhaps, the charge
of a related committee can be modified. For example,
the matriculation advisory committee might be
charged with developing proposals for student
preparation and success.
Throughout this document,
the work products of committees pertaining to
academic and professional policies and procedures
will be referred to as "proposals." These proposals
are available for review by college groups as
part of the process to assure effective participation
of those affected by such proposals. As part of
their reporting processes, committees forward
these proposals to the academic senate for consideration
and refinement. After approval by the senate,
the "proposal" becomes a "recommendation" of the
academic senate. Beyond their charge to develop
such proposals, committees also may be involved
in implementation of existing policies and procedures.
(See Question 19 for a distinction among policy,
procedure, and implementation.) For example, curriculum
committees implement curriculum policies by reviewing
proposals for new and revised courses.
In all procedures, structures, and
committees, students and staff should be assured
of effective participation in matters which affect
them. (See Questions 31 and 32 for more on effective
participation of staff and students.)
17.
QUESTION: What essential elements need to be defined
in order to ensure that the committee structure,
used in collegial consultation and to provide
effective participation, is functional?
It is recommended that the charge
to a college committee be clearly defined. This
permits matters within the scope of the charge
to be handled by the committee without overlapping
responsibilities with other groups. A clear charge
also lessens the tendency to create a new committee
for every new issue. (For use of a college council
to do issue management for committee referrals,
see the next question.)
Committees should have definite
membership. Members should be chosen for their
expertise and area of responsibility, not just
to represent a constituent group. For each place
on the committee the following should be specified:
appointing body, term length, and voting status
(if votes are to be taken).
The expected reports or other work
products should be delineated, including to whom
the reports are submitted. Committee proposals
for policies and procedures on all academic and
professional matters should be submitted to the
academic senate as well as being available for
review by other affected groups. (See the previous
question regarding how a committee proposal becomes
an academic senate recommendation.)
Operation of the college committee
structure takes a commitment of the time and effort
of the participants as well as a commitment of
resources by the institution. All parties should
weigh carefully the developmental needs of the
college. To the extent possible, there should
be consideration of and accommodation for the
time required for student, faculty and staff participation
which may be above and beyond their regular duties.
Examples of accommodation include convenient times
and locations of meetings, reassigned time, and
granting of flexibility in work schedules. Consideration
is also needed for technical and clerical support
for committees with special needs. Operational
requirements should not be ignored: written minutes
should be kept of all committee meetings. Meeting
times should be arranged so that all members are
available. Agendas should be distributed with
adequate time (and all needed reference materials)
for members to prepare for meetings. Orientation
and training of members should be provided regularly.
18.
QUESTION: Some institutions have college or district
coordinating councils consisting of representatives
of the academic senate, unions, classified staff,
administrative staff and students. What is the
role of such a council within the dictates of
the law and regulations?
Neither the law nor regulations
call for any specific committees or structures,
nor is a coordinating council prohibited. Many
colleges have found coordinating councils useful,
but some cautions are warranted.
A forum for communication on common
issues and for reporting group activities are
important functions coordinating councils can
play. Often a particular matter may have implications
for other groups that are not evident without
discussion.
Issue management can be another
useful activity for such councils. Broaching topics
when they initially arise can give all parties
the opportunity to participate in devising a common
strategy for addressing that topic. It can be
within this forum that the academic senate may
identify issues which are academic and professional
in nature. These discussions can assure that topics
are properly referred to the committee charged
with handling that matter. Coordinating councils
also provide a venue to resolve conflicts that
may arise as issues work their way through the
governance process.
However, a coordinating council
is not the appropriate body to make recommendations
to the governing board or designee on academic
and professional matters. These issues are appropriately
within the purview of the academic senate. Furthermore,
care should be taken in placing decision-making
authority in the hands of coordinating councils.
The strength of participatory governance lies
in recommendations being made by those who have
the necessary expertise and are most affected
by the decision.
19.
QUESTION: The law and regulations use the terms
"district and college governance," "policies,"
"policy development and implementation" and "policies
and procedures." What are the distinctions among
policy, procedures and implementation?
Distinctions among policy, procedures,
and implementation are not exact, and specific
delineations should be made locally on a case-by-case
basis. That said, some generalizations may be
useful.
Policies give the college general
direction to accomplish its mission. They create
the context for action as well as foster a positive
climate in which change can occur. Policies delineate
the conditions which procedures must meet and
state the expectations for what is to be accomplished.
They are of a sufficient scope and significance
that they are adopted by public action of the
governing board. Procedures define the steps to
be taken to carry out a policy. They specify those
responsible for carrying out each step and may
include a timeline by which tasks are to be completed.
Implementation means carrying out the steps called
for in the procedure.
20.
QUESTION: For those matters which the governing
board delegates to the chief executive officer,
does collegial consultation still apply? Is the
governing board still responsible to assure the
effective participation of affected groups?
Yes to both questions. Education
Code §70902(d) gives the governing board authority
to delegate certain responsibilities to groups
or individuals employed within the district. Those
to whom those responsibilities are delegated must
themselves consult collegially with the academic
senate on academic and professional matters. Before
agreeing to delegation, boards should carefully
consider whether decisions are of a nature that
they should be made in the public forum of the
board meeting. Note that the Brown Act, Government
Code §54950-54962, specifically requires open
meetings of groups to whom boards have delegated
authority, such as the academic senate.
Even on matters delegated to others,
the governing board still maintains the responsibility
to assure effective participation of students,
faculty, and staff. The academic senate still
retains its right to place issues on the board
agenda and to present its views to the board (Title
5 §53203), with the understanding that reasonable,
accepted procedures will be followed.
21.
QUESTION: What features characterize an effective
collegial consultation process?
Collegial consultation requires
mutual understanding among the faculty, administration,
and the governing board. Such understanding requires
an awareness of interdependence, a commitment
to communication, and the exchange of ideas as
well as a commitment to joint action in the interests
of solving educational problems or setting educational
policy.
There is no one best method for
implementing collegial consultation. Each college
tends to develop a culture of its own within which
collegial consultation takes place. Nevertheless,
a few features seem to be common among those colleges
with effective processes.
One such feature is a clearly defined
governance structure that includes an organizational
chart, charges of the councils or committees,
and defined memberships and processes. A regular
program should be established for old and new
members of the governing board, administration,
and faculty to acquaint them with the principles
and practices of the collegial consultation structure.
When everyone understands how the process works,
and the structure is used consistently, it allows
for success.
Communication is also a hallmark
of a good collegial consultation process. Venues
are created for key leaders to discuss matters
in formal settings such as a coordinating council.
(See Question 18 on the role of councils.) Informal
meetings can be held between key leaders between
formal meetings to further understanding, but
official conclusions should be a part of the formal
process. All participants must make a conscientious
effort to keep one another informed.
The need for trust will often be
raised in the context of shared decision-making.
Trust is fostered when well established principles
and practices of collegiality are adhered to by
all. In addition,
trust can be built by creating opportunities
for individuals to establish professional relationships
in a variety of venues.
Collegial consultation works best
in well-run districts where expertise and delegation
of authority is respected, and where representatives
are open and honest and are committed to working
together for the benefit of the students.
22.
QUESTION: Can a CEO make faculty appointments
to committees, task forces, or other groups dealing
with academic and professional matters?
No. Title 5 §53203(f) requires that
appointments of faculty to groups dealing with
academic and professional matters be made by the
academic senate after consultation with the CEO
or designee. Furthermore, consultation is required
in establishing committees if the purpose of the
committee is to develop policy or procedures related
to an academic and professional matter or as part
of the basic governance structures set forth in
the board’s policy on collegial consultation.
(See Chancellor’s Office Legal Opinion M 97-20,
October 23, 1997.)
23.
QUESTION: What do the law and regulations say
about participation in collegial consultation
of college and district senates in multi-campus
districts?
Delegation of authority and responsibility
by a governing board under Title 5 §53203(a) can
be to its college senate, district senate, or
both. In districts with a district senate established
pursuant to Title 5 §53202, governing boards may
establish policies delineating collegial consultation
with college senates only, district senates only,
or to both.
When collegial consultation involves
both college and district senates, distinction
should be made between recommendations that involve
college matters only and those which have district
scope. This is a local matter to be worked out
among the senates and the board or its designee(s).
It is recommended that on district matters the
board specify the chancellor as its designee and
on college matters the designee be the college
president.
24.
QUESTION: How can the timelines of collegial consultation
be respected while addressing opportunities and
requirements to which a college must respond quickly?
Development of effective policies
and procedures takes time. Issues requiring the
development or revision of policies and procedures
should be identified as early as possible and
the consultation process initiated right away.
Development of proposals in isolation which are
then
brought into consultation is not
a productive methodology. Prolonged debate without
constructive recommendations needlessly extends
resolution of the issue. All parties should agree
to reasonable timelines at the beginning of the
consultation process.
Particularly stressful is the need
to make a decision in a short timeframe imposed
by external considerations. Districts which seem
to handle these situations best are those which
have a comprehensive planning process. If the
institution has foresight and agreed upon goals
and objectives, it is likely that new challenges
can be more quickly integrated into the district’s
plans. An atmosphere of trust in the leadership
is critical as well, considering that recommendations
on items with short deadlines often necessitate
the academic senate president and college president
collaborating without opportunity to obtain full
input from the various constituents. Even in such
circumstances it is expected that the actions
of both presidents will not be inconsistent with
the established positions of their respective
groups.
PART
V. ROLES OF THE ACADEMIC SENATE AND EXCLUSIVE
BARGAINING AGENT
25.
QUESTION: Can the local board choose the academic
senate to be the organization that represents
faculty in matters that have previously been collectively
bargained or are within the legal scope of bargaining?
Can the local board accept recommendations from
the academic senate or reach agreements with the
academic senate which contradict a collective
bargaining agreement?
The answer to both questions is
no. The governing board may not legally delegate
to the senate any responsibilities or functions
which belong to the exclusive representative.
AB 1725 did not change collective bargaining law
(i.e., the Educational Employment Relations Act,
Government Code §3540 et sec.) nor the legal scope
of bargaining. The regulations specifically point
out that nothing in the Board of Governors’ regulations
may be construed to "detract from any negotiated
agreements between collective bargaining and district
governing boards."
26.
QUESTION: Can a board and union through a collective
bargaining agreement change a policy previously
adopted by a board based upon recommendation of
the academic senate or mutually agreed to with
the academic senate?
Yes. Matters appropriately within
the scope of collective bargaining may be negotiated
between collective bargaining representatives
and district governing boards regardless of previous
policies. Citing the Educational Employment Relations
Act (EERA) in Government Code §3543.2(a), "The
scope of representation shall be limited to matters
relating to wages, hours of employment, and other
terms and conditions of employment." These terms
and conditions are then enumerated in the Act.
Furthermore, exclusive bargaining agents have
the right to "consult on the definition of educational
objectives, the determination of the content of
courses and curriculum, and the selection of textbooks...."
However, the EERA does not supercede Education
Code provisions and, as stated in Government Code
§3540, "shall not restrict, limit, or prohibit
the full exercise of the functions of any academic
senate or faculty council established by a school
district in a community college to represent the
faculty in making recommendations to the administration
and governing board of the school district with
respect to district policies on academic and professional
matters, so long as the exercise of the functions
does not conflict with lawful collective agreements."
27.
QUESTION: May the collective bargaining agent
delegate matters within the scope of bargaining
to the local senate and may the senate delegate
matters within the scope of the eleven defined
areas of academic and professional matters to
the collective bargaining agent?
Yes, to the extent permitted by
collective bargaining laws. The regulations state
that the intent is to "respect agreements between
academic senates and collective bargaining representatives...."
PART
VI. STUDENTS AND STAFF
28.
QUESTION: Does the phrase "rely primarily upon
the advice and judgment of the academic senate"
mean that the governing board should not receive
and consider the advice and judgment of others
on issues of academic and professional matters?
No. Indeed, there are other regulations
and laws which address the participation of the
public, students, staff and unions in district
governance.
Title 5 §51023.7 requires the governing
board to "adopt policies and procedures that provide
students the opportunity to participate effectively
in district and college governance." Students
are to participate in "formulation and development"
of policies and procedures that have a "significant
effect" on them. The regulation lists ten areas
of such significant effect, most of which are
quite similar to the senate’s academic and professional
matters. Boards are not to act unless students
have had the opportunity to participate, with
the exception of "unforeseeable, emergency situations"
and shall give positions of the students "reasonable
consideration." The regulation states the intent
that boards are to respect the agreements with
senates and unions while working with students.
Title 5 §51023.5 requires the governing
board to "adopt policies and procedures that provide
district and college staff the opportunity to
participate effectively in district and college
governance," However, areas that affect staff
are not defined in the regulation but remain matters
"that the governing board reasonably determines,
in consultation with staff, have or will have
a significant effect on staff."
The role of the exclusive bargaining
agents is explicitly protected in Title 5 and
is cited in the Educational Employment Relations
Act. (See Government Code §3543.2.) The public
is granted access to the governing board through
the open meeting provisions of the Brown Act.
(See Government Code §54950-54962.)
29.
QUESTION: What are good practices to assure effective
participation of students and staff in the process
of formulating recommendations which affect them?
Student participation can be strengthened
in several ways. Student leaders can work with
the college leadership to identify committees
whose charges incorporate the ten areas of significant
effect on students. Student membership can be
specified on those committees. The names of those
who will participate on committees can be identified
early in the year. It is important that committees
meet at regularly scheduled times convenient to
students interested in being members. Student
members can benefit from orientation and training
and from having an assigned mentor to assist in
getting to know the work of the committee. An
effective strategy to strengthen leadership skills
is to have a student government course as part
of the curriculum. Communication between the student
government, the academic senate, and other groups
can be improved by having liaisons attend one
another’s board meetings.
Administrative staff have a role
beyond that of the chief executive officer functioning
as the board’s designee. It is advised that committees
dealing with specific topics have the participation
of mid-level administrators in whose areas of
responsibility those topics fall. That participation
may be as a resource, as a member, or as chair,
depending on the local college decision-making
process.
Classified staff should participate
in the formation and development of policies and
procedures on matters which significantly affect
staff. Committees and task forces on campus which
deal with those issues should have classified
staff as members. As with all committee members,
classified staff can benefit from orientation
and training and from a mentor relationship with
a seasoned committee member.
30.
QUESTION: Should the advice and judgment of the
academic senate be accorded greater weight than
the advice and judgment of other groups and constituencies
in connection with academic and professional matters?
Yes. Subject to Questions 25, 26,
and 27, the intent of the regulations is to ensure
that, while all relevant constituencies should
have the opportunity to participate, boards must
accord the greater weight to academic senates
in academic and professional matters by consulting
collegially with the senates, as described in
these guidelines.
31.
QUESTION: What are the responsibilities of the
academic senate to obtain input from staff and
students on academic and professional matters
that have a significant effect on these groups?
In the creation of the structures,
procedures and committees for collegial consultation
(see Question 16) provisions must be included
for the effective participation of students and
staff on matters which affect them. Proposals
which come from committees on academic and professional
matters are available for review by all college
constituencies and are considered in open deliberations
at academic senate meetings. When such proposals
are heard by the academic senate, every effort
should be made to engage affected parties in the
deliberations. In this manner the academic senate
will have considered the input of students and
staff before making recommendations to the governing
board (or its designee) on matters which affect
students and staff. Of course, all parties may
directly address the board as it deliberates on
its ultimate decision.
32.
QUESTION: What can be done to educate all members
of the college community participating in the
collegial processes concerning the law, regulations,
best practices of decision making and the issues
under discussion?
Good practices might include the
following. All participants in the governance
process should be provided copies of the relevant
laws, regulations, and district policies and procedures.
It is recommended that each standing governance
committee have a handbook of such information
as well as reports and minutes generated in previous
years. The first annual organizational meeting
of each committee should be devoted to orientation
and training on the committee charge and procedures.
The leadership of constituency groups might get
together in a retreat format at the beginning
of each academic year to review the governance
process, consider priorities for the coming year,
and build personal relationships.
PART
VII. KEEPING PARTICIPATORY GOVERNANCE STRONG
33.
QUESTION: Are effective participation and collegial
consultation policies and practices subject to
regular evaluation and revision as necessary by
the governing board?
While there is no requirement that
such policies be regularly reviewed, it is a good
idea. The review process should be mutually agreed
upon, and, further, the board policy should specify
that recommendations for change should be by collegial
consultation with the academic senate (on the
board policy affecting the academic senate) and
by effective participation of staff and students
(on policies affecting them).
It should be possible for any of
the parties to initiate the process for review
of these policies. It may be the case, for example,
that a change in leadership might bring new perspectives
to the decision making process that might engender
a desire for certain improvements. However, districts
should take care that the collegial consultation
process is not built on individual strengths that
may be idiosyncratic to particular leaders.
34.
QUESTION: How can the academic senate and other
constituent groups and the local governing board
engage in mutually productive dialogue?
Engaging in mutually productive
dialogue is based on respect, trust and willingness
to seek information. Mutually productive dialogue
may take place at regular business meetings of
the board, at open college and community forums
and board study sessions and retreats, and by
sharing written information.
Under the provisions of the Brown
Act, governing board meetings are open to everyone.
All constituent members have the right to address
the board on items on its agenda and matters under
the board’s purview.
Beyond legal requirements, boards
should recognize the special role that academic
senates and student and staff organizations play
in developing recommendations for board action.
Following are some suggestions to strengthen that
role. Organizational representatives may be seated
prominently to facilitate discourse with the board.
Reports from each organization may be regularly
agendized. Items on the board agenda which were
developed through significant senate, student,
or staff involvement can be jointly presented
by the appropriate organizational representatives.
Commentary on board agenda items can be solicited
from the senate, student, and staff representatives
without restrictions such as filling out speaker
cards and being subject to short time limitations.
In addition to regular business
meetings of the board, other opportunities can
be structured for mutually productive dialogue
and education. Study sessions, workshops, and
college and community forums often provide a more
open environment for board members, key community
groups, and college leaders to engage in discussion
about external trends and broad policy direction
and for the board to share its vision and to hear
about activities in the district related to achieving
the vision and mission. Sessions such as these
enable constituent groups to identify and address
areas of agreement and concern early in policy
discussions.
PART
VIII. COMPLIANCE
35.
QUESTION: Do these regulations have the force
of law?
Yes. If a district board does not
make a good faith effort and does not ultimately
abide by these regulations it would be in violation
of law.
36.
QUESTION: What powers do the Board of Governors
have to enforce Title 5 Regulations such as the
ones on ensuring the right of academic senates
to assume primary responsibility for making recommendations
in the areas of academic and professional matters?
Education Code §70901 mandates that
the Board of Governors establish minimum conditions
entitling districts to receive state aid. The
Board of Governors can withhold funding from any
district that does not meet established minimum
conditions. One of these minimum conditions is
adoption of procedures consistent with sections
§§53200 - 53204 of the California Code of Regulations.
Thus one of the minimum conditions that districts
must substantially meet in order to receive state
aid is to assure the effective participation of
local academic senates as per the regulations.
37.
QUESTION: What are the responsibilities of the
governing board and chief executive officer to
implement the regulations to ensure the effective
participation of faculty, staff and students in
district and college governance? What obligations
does a governing board have to ensure that recommendations
regarding academic and professional matters have
gone through the collegial consultation process?
The board must uphold the requirements
of Education Code §70902(b)(7) and Title 5 §53200-204
(academic senates), §52023.7 (students) and §51023.5
(staff). As the designee of the board, the chief
executive officer is likewise bound to carry out
these regulations. When considering action on
an academic and professional matter, the local
governing board must first ascertain that the
collegial consultation process has been followed.
If not, action on the item would then be delayed
until such consultation has been obtained.
38.
QUESTION: If the regulations are violated, will
the state Chancellor’s Office intervene and/or
investigate the case for possible noncompliance?
Violations of Title 5 Regulations
may be reported in writing by filing a written
complaint with the Legal Affairs Division of the
Chancellor’s Office. The General Counsel will
investigate credible complaints and determine
needed corrective action to assure compliance
with the regulations.
39.
QUESTION: If a local senate or CEO and governing
board feels that it has exhausted all sincere
internal efforts to work cooperatively and believes
the regulations continue to be ignored, what remedies
can be sought?
The following steps are recommended.
First, the representative group--the statewide
Academic Senate or the Community College League--should
be contacted for useful advice and direct support.
Secondly, the local academic senate and governing
board may mutually request technical assistance
through the process established jointly by the
Academic Senate and the League. Thirdly, if the
local academic senate believes that there is clear
noncompliance, it may file a complaint with the
Legal Affairs Division of the Chancellor’s Office.
Finally, the local senate may pursue remedies
with the state Attorney General or in court.
Appendices
ASSISTANCE
TO ASSURE EFFECTIVE PARTICIPATION
IN DISTRICT AND COLLEGE GOVERNANCE (A Joint Program of the Academic Senate
and Community College League)
The Academic Senate of the California
Community Colleges and the Community College League
of California have joined together to offer a
program of assistance for local colleges and districts.
The purpose of the program is to help districts
and colleges successfully implement state law
and regulations that call for effective participation
by faculty, staff and students in district and
college governance. The services offered will
be most effective if used before major conflicts
arise and prior to a heightened level of local
unilateral action by any the parties involved
in the local decision-making process.
The jointly-sponsored program does
not replace the individual services offered by
the League to trustees and chief executive officers
and by the Academic Senate to local faculty. Yet
it is recognized that challenges to improve local
decision making processes can be aided by the
mutual support of the statewide organizations.
Because the services are carried out by volunteers
of the League and Academic Senate, the services
will not always be available on short notice and
scheduled assistance should be arranged well in
advance.
The program includes four distinct
services that are available. Local college and
district ceos and faculty leaders who are interested
in assistance should meet together to consider
the services and to agree mutually on what assistance
would be most beneficial. Although the program
is intended to be flexible so that a mix of the
four services or optional services may be available,
the League and Academic Senate may not be able
to help with some requests which vary too much
from the four defined services or from the goal
of improving the effectiveness of participation
in governance.
The president of the Academic Senate
and executive director of the League are available
at this early stage to answer questions and to
help in identifying the best approach. These two
persons will reach agreement as to whether the
mutual request for assistance can be carried out.
No joint service will be provided unless there
is a written request for assistance signed by
the college president or district chancellor and
local academic senate president.
This joint program is coordinated
and implemented by the executive director of the
League and president of the Academic Senate under
policies established by their respective boards.
Each district or college using the
service is expected to reimburse the travel expenses
for the assistance team members.
The following provides a summary
of the four services available within the assistance
program: 1) informational presentation, 2) advisory
assistance, 3) issue resolution and 4) special
workshops and presentations.
INFORMATION
PRESENTATION
The informational
presentation service is intended to provide
a basic overview of the state law, state regulations
and guidelines concerning shared governance. The
presentation is done by a representative of the
League and Academic Senate and takes approximately
two hours. Handouts are provided, good practices
highlighted and questions answered.
This service is best used at a college
or district where there are no significant issues
of conflict but a recognition that many participants
in local shared governance roles are new and need
an orientation or refresher on the required processes.
ADVISORY
ASSISTANCE
The advisory
assistance service is intended to provide
a facilitated and structured opportunity to identify
possible areas of conflict or different interpretations
of the law and regulations and to develop ways
to resolve the differences.
The service is conducted by one
to two representatives of the Academic Senate
and League over four to six hours. The time includes
a basic overview presentation for all interested
parties and separate meetings with the faculty
and with the trustees and administration.
A written advisory report is provided
by the assistance team to the district or college
within six weeks of the visit. The advisory report
seeks to clarify the key issues identified by
the team in its visit, makes recommendations for
addressing the issues and suggests who might be
responsible for embarking on the solutions.
ISSUE
RESOLUTION
The purpose of the issue
resolution service is to provide mediation
assistance to a college or district when the parties
have reached a stalemate and are unable to resolve
their differences on a major issue. This service
will not be provided unless the local board, chief
executive officer and academic senate agree in
advance and are committed and open to address
seriously the recommendations of the assistance
team.
Prior to the six to eight hour visit
of one to two representatives from the League
and Academic Senate, focused discussions and investigation
occur to clearly delineate in writing the issue
to be resolved and the approach to be used. During
the visit there will be focused interviews with
individuals and groups.
A written advisory report is provided
by the assistance team within eight weeks of the
visit. Prior to the formal presentation of the
written report, the local parties involved will
be given an opportunity to clarify, correct or
refine the recommendations or statements in the
report. The assistance team will return to the
college or district to present the report and
to answer questions publicly. In addition a follow-up
training session to provide guidance on implementing
the recommendations will be provided if requested.
SPECIAL
WORKSHOPS AND PRESENTATIONS
The fourth service involves special
workshops and presentations on topics that
help local personnel better understand particular
issues and various aspects of effective decision-making
processes. These jointly presented workshops are
designed under the direction of the president
of the Academic Senate and the executive director
of the League, working with local college representatives.
AB1725
Implementation
ASSISTANCE
REQUEST
(Academic
and Professional Concerns)
This form is intended to provide
faculty and administrators in California community
colleges with a way to request the initiation
of a process which may assist colleges in resolving
perceived problems in the implementation of AB1725
mandates. It is hoped the form will be filed jointly
by the Chief Executive Officer, on behalf of the
local governing board, and the local academic
senate president. However, a request form submitted
by one will be sufficient to initiate the process.
Name(s)
Title(s)
College
College Phone Email
Address
Best time to Call
Areas of Concern (Check appropriate
area):
‘ Shared Governance
‘ Curriculum
‘ Minimum Qualifications
‘ Equivalence
‘ Peer Review
‘ Administrative Retreat Rights
‘ Budget Process
‘ Disciplines
‘ Hiring
‘ Tenure
‘ Evaluation of Administrator
‘ Other (please specify)
Request for Actions: On a separate
page briefly explain the nature of the problem,
how you have tried to solve it, and the individual(s)
involved.
Please
mail or fax this form to:
Community College League of California
2017 O Street
Sacramento, CA 95814
Fax: (916) 444-2954
Email: cclc@ix.netcom.com
or
Academic Senate for California Community
Colleges
910 K Street, Suite 300
Sacramento, CA 95814
Fax: (916) 323-9867
Email: asccc@ix.netcom.com
