Members of the Executive Committee (Board of Directors) of the Academic Senate for California Community Colleges are expected to perform their duties ethically and professionally during their time serving on the Executive Committee.
Members of the Executive Committee of the ASCCC are expected to act in accordance with all laws and the bylaws, rules, and policies of the ASCCC and to fulfill all duties of their office which include modeling ethical and professional conduct. Unethical behavior may be grounds for removal of a board member.
Procedure
Any accusation against a member of the Executive Committee is a serious matter that will be addressed by the Academic Senate President and the Executive Committee. 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. Oversight of the complaint process is normally the duty of the Academic Senate President. In situations where the alleged violation concerns the president, the responsibility for overseeing the process will transfer to the highest-ranking officer of the ASCCC not considered part of the complaint.
The process for considering and addressing complaints is as follows:
- The alleged violation is submitted in writing.
- The president or other officer overseeing the process will present the written complaint to the Executive Committee member in question.
- The president or other officer overseeing the process will inform the ASCCC officers that a complaint has been received.
- The president or other officer overseeing the process will then schedule a one-to-one intervention to first discuss the allegations with the Executive Committee member to reach a resolution.
- If a resolution is achieved, the president or other officer overseeing the process will inform the ASCCC officers of the details of the resolution. The resolution must be endorsed by a majority of the ASCCC officers in order for the matter to be considered resolved. Any of the ASCCC officers may request and will be granted a meeting of the officers to discuss the resolution before a decision on the matter is reached. An ASCCC officer requesting a meeting will be granted the opportunity to discuss the resolution with the officers prior to final approval of the decision.
- If a resolution is not achieved and further investigation is deemed necessary, an ad hoc investigation team will be established.
Investigation Team
- The investigation team will consist of two members of the Executive Committee and three active ASCCC facultymember representativesserving 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 randomly selected from the eligible faculty and Executive Committee members .
- The Executive Committee officer creating the investigation team cannot serve as a member of the team.
- The investigation team has no power to mandate the appearance of the member under investigation or other members of the Executive Committee. However, the team should make every effort to meet with the member under investigation and hear the member’s side.
Investigative Process
- The team will strive to make decisions by consensus, and, when consensus is not achievable, four out of five team members must support any action by the team.
- Upon conclusion of the investigation, the team will present its findings to the officer charged with overseeing the investigation.
- Two plausible outcomes are possible:
- The team does not find sufficient evidence to substantiate the allegations, which closes the investigation.
- The team finds sufficient evidence to substantiate the allegations, prepares a written summary of findings, and presents this report to the Executive Committee.
Report Submission and Presentation
- If the investigation team finds sufficient evidence to support the allegations against an Executive Committee member, the team’s completed written 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.
- The meeting will take place in closed session due to the confidential nature of the investigation. If the Executive Committee member under investigation prefers to have the report and its findings discussed in open session, the member may make the request pursuant to the Senate’s Policy 10.01 on Open Meetings, and the request will be granted.
- All members of the investigation team will be invited to attend the special Executive Committee meeting to present the group’s findings and answer any questions from the Executive Committee members. Team members are expected to make every possible effort to attend the special meeting.
- Following the presentation by and questioning of the investigation team, the Executive Committee member under investigation may refute the findings and present evidence and witnesses to speak on the member’s 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, one of two possible motions will be considered.
- A motion to close the investigation due to insuffcient evidence.
- A motion to remove the member from the Executive Committee.
If the motion is to close the investigation, the motion must be approved by a 2/3 majority vote of the Executive Committee members present. If such a motion is approved, the Executive Committee will determine whether 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 may be approved by a 2/3 vote of the Executive Committee members present. If the motion fails, the investigation is closed, 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 ASCCC Rules.
Approved by ASCCC Executive Committee April 2021