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Copyright 2008 FCC Academic Senate. All Rights Reserved. Website Updated Friday, May 09, 2008 |
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TITLE 5 regulations |
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§ 53200 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 5 Article 2. Academic Senates § 53200. Definitions For the purposes of this Subchapter: (a) “Faculty” means those employees of a community college district who are employed in positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code, and for which minimum qualifications for hire are specified by the Board of Governors. (b) “Academic senate,” “faculty council,” and “faculty senate” means an organization formed in accordance with the provisions of this Subchapter whose primary function, as the representative of the faculty, is to make recommendations to the administration of a college and to the governing board of a district with respect to academic and professional matters. For purposes of this Subchapter, reference to the term “academic senate” also constitutes reference to “faculty council” of “faculty senate.” (c) “Academic and professional matters” means the following policy development and implementation matters: (1) curriculum, including establishing prerequisites and placing courses within disciplines; (2) degree and certificate requirements; (3) grading policies; (4) educational program development; (5) standards or policies regarding student preparation and success; (6) district and college governance structures, as related to faculty roles; (7) faculty roles and involvement in accreditation processes, including self-study and annual reports; (8) policies for faculty professional development activities; (9) processes for program review; (10) processes for institutional planning and budget development; and (11) other academic and professional matters as are mutually agreed upon between the governing board and the academic senate. (d) “Consult collegially” means that the district governing board shall develop policies on academic and professional matters though either or both of the following methods, according to its own discretion:
(1) relying primarily upon the advice and judgment of the academic senate; or
(2) agreeing that the district governing board, or such representatives as it may designate, and the representatives of the of the academic senate shall have the obligation to reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations.
§ 53206. Academic Senate for California Community Colleges. (a) An Academic Senate for the California Community Colleges has been established through ratification by local academic senates or faculty councils so that the community college faculty of California may have a formal and effective procedure for participating in the formation of state policies on academic and professional matters. (b) The Board of Governors recognizes the Academic Senate of the California Community Colleges as the representative of community college academic senates or faculty councils before the Board of Governors and Chancellor’s Office. § 51023. Faculty. The governing board of a community college district shall: (a) adopt a policy statement on academic freedom which shall be made available to faculty and be filed with the Chancellor; (b) adopt procedures which are consistent with the provisions of Sections 53000-53206, regarding the role of academic senates and faculty councils and are filed with the Chancellor; (c) substantially comply with district adopted policy and procedures adopted pursuant to Subsections (a) and (b). § 51023.5 Staff. (a) The governing board of a community college district shall adopt policies and procedures that provide district and college staff the opportunity to participate effectively in district and college governance. At minimum, these policies and procedures shall include the following: (1) Definitions or categories of positions or groups of position other than faculty that compose the staff of the district and its college(s) that, for the purposes of this Section, the governing board is required by law to recognize or chooses to recognize pursuant to legal authority. In addition, for the purposes of this Section, management and non-management positions or groups of positions shall be separately defined or categorized. (2) Participation structures and procedures for the staff positions defined or categorized. (3) In performing the requirements of Subsections (a)(1) and (2), the governing board or its designees shall consult with the representatives of existing staff councils, committees, employee organizations, and other such bodies. Where no groups of structures for participation exist that provide representation for the purposes of this Section for particular groups of staff, the governing board or its designees, shall broadly inform all staff of the policies and procedures being developed, invite the participation of staff, and provide opportunities for staff to express their views. (4) Staff shall be provided with opportunities to participate in the formulations and development of district and college policies and procedures, and in those processes for jointly developing recommendations for action by the governing board, that the governing board reasonably determines, in consultation with staff, have or will have a significant effect on staff. (5) Except in unforeseeable, emergency situations, the governing board shall not take action on matters significantly affecting staff until it has provided staff an opportunity to participate in the formulations and development of those matters through appropriate structures and procedures as determined by the governing board in accordance with the provisions of this Section. (6) The policies and procedures of the governing board shall ensure that the recommendations and opinions of staff are given every reasonable consideration. (7) The selection of staff representatives to serve on college and district task forces, committees, or other governance groups shall, when required by law, be made by those councils, committees, employee organizations, or other staff groups that the governing board has officially recognized in its policies and procedures for staff participation. In all other instances, that selection shall either be made by, or in consultation with such staff groups. In all cases, representatives shall be selected from the category that they represent. (b) In developing and carrying out policies and procedures pursuant to Subsection (a), the district governing board shall ensure that its actions do not dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. In addition, in order to comply with Government Code Sections 3540, et seq., such procedures for staff participate shall not intrude on matters within the scope of representation under Section 3543.2 of the Government Code. In addition, governing boards shall not interfere with the exercise of employee rights to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Nothing in this Section shall be construed to impinge upon or detract from any negotiations or negotiated agreements between exclusive representatives and district governing boards. It is the intent of the Board of Governors to respect lawful agreements between staff and exclusive representatives as to how they will consult, collaborate, share, or delegate among themselves the responsibilities that are or may be delegated to staff pursuant to these regulations. |