20.05 Academic Senate Policy on Removal of a Member of the Board of Directors
Adopted April 8, 2015
Members of the Executive Committee (Board of Directors) of the Academic Senate for California Community Colleges are expected to act ethically and professionally during their time serving on the Executive Committee. Members of the Executive Committee of the Academic Senate are expected to act in accordance with all laws and the bylaws, rules, and policies of the Academic Senate and to fulfill all duties of their office.
Any accusation against a member of the Executive Committee is a serious matter that will be addressed by the Academic Senate President. This policy applies if the accusation involves transgressions against any laws or bylaws, rules, and policies of the Academic Senate or a failure to fulfill the duties of a member of the Executive Committee. The President will first discuss the alleged violation with the Executive Committee member to reach a resolution. If a resolution is not achieved and further investigation is deemed necessary, an ad hoc investigation team will be created. In situations where the alleged violation concerns the Academic Senate President or Academic Senate Vice President, the responsibility for creating the investigation team will pass to the highest ranking officer of the Academic Senate not considered part of the complaint.
The Investigation Team will consist of two members of the Executive Committee and three faculty members currently appointed to serve as Academic Senate representatives on any statewide committee or taskforce. The Executive Committee officer leading the investigation and the Executive Committee member being investigated will mutually agree on the membership of the Investigation team. If mutual agreement cannot be reached, the team will be selected randomly from the faculty and Executive Committee members eligible. The Executive Committee officer creating the Investigation Team cannot serve as a member of the team.
The Investigation Team has no power to require either the member under investigation or other members of the Executive Committee to appear before it. However, the team should make every effort to meet with the member under investigation and hear his/her side. The Team will make decisions by consensus and when consensus is not achievable, four out of five team members must support any action by the team. All business conducted by the team is confidential.
After the team concludes its investigation, it will present its findings to the officer charged with overseeing the investigation. Two findings are possible:
- The Team finds that there is no substance to the charge, the investigation is closed, and no further action will be taken against the member of the Executive Committee being investigated.
- The Team finds substance to the charges, prepares a written summary of findings, and presents this report to the Executive Committee.
Presentation of the Report
If the Investigation Team has concluded that there is sufficient evidence to support the allegations against an Executive Committee member, their completed report will be submitted to the officer overseeing the investigation and to the Executive Committee member being investigated. A special meeting of the Executive Committee will be scheduled to discuss the Team’s findings. The meeting will occur no less than two weeks after the team’s report has been submitted. Due to the confidential nature of the investigation, the meeting will take place in closed session. If the Executive Committee member under investigation would prefer to have the report and its findings discussed in open session, he or she may make the request pursuant to the Senate’s Policy on Open Meetings, which will be granted.
All members of the Investigation Team must be present at the special Executive Committee meeting to present the group’s findings and answer any questions from the Executive Committee members. Following the presentation and questioning of the Investigation Team, the Executive Committee member under investigation may refute the findings, present evidence, and witnesses to speak on their behalf. Once both groups have presented all information, the members of the Investigation Team that are not members of the Executive Committee will leave the meeting.
Removal of an Executive Committee Member
Following the presentation of all information and discussion, a motion must be made. There are two possible motions that will be considered.
- A motion to close the investigation due to lack of evidence.
- A motion to remove the member from the Executive Committee.
If the motion is to close the investigation, the motion will be approved by a simple majority vote of the Executive Committee members present. If approved, the Executive Committee will determine if a public apology is necessary. A public apology requires a motion and a simple majority vote for approval. If the motion is to remove the member of the Executive Committee, the motion will be approved if 2/3 of the Executive Committee members vote in support. If the motion fails, the investigation is closed and the accused member of the Executive Committee remains in office and no further action will be taken. If the motion is approved, the member is formally removed from the Executive Committee and loses all rights granted to members of the Executive Committee.
If a member of the Executive Committee has been removed, the vacancy may be filled in accordance with Section II of the Senate Rules.