W HAT IS M UTUAL AGREEMENT AND P ARTICIPATORY GOVERNANCE ? Dr. Eric Oifer Randy Lawson August 26, 2010

Legal Basis Education Code Title 5 Regulations

California Education Code Laws resulting from legislation Requires legislation to be changed Always supersedes Title 5 regulation Governance was amended by AB 1725 in 1988

Title 5 California Code of Regulations Derived by the Board of Governors from the California Education Code Division 6 - applies to California Community Colleges Is regulation with the force of law Further supported through guidelines, advisories, and handbooks—also with the force of law

Education Code §70902 (b)(7) “The Governing Board shall … ensure … the right of academic senates to assume primary responsibility for making recommendation in the areas of curriculum and academic standards.”

Title 5 § Powers (A) Governing Board shall adopt policies delegating authority and responsibility to its Academic Senate. (B) Policies in (A) shall be adopted through collegial consultation with the Academic Senate. (C) Guarantees the Academic Senate the right to meet with or appear before the board.

Title 5 § Definitions (B) Academic Senate means an organization whose primary function is to make recommendations with respect to academic and professional matters. (C) Academic and Professional matters means the following policy development and implementation matters:

Ten… Section (c)  Curriculum, including establishing prerequisites  Degree & Certificate Requirements  Grading Policies  Educational Program Development  Standards & Polices regarding Student Preparation and Success  College governance structures, as related to faculty roles

Ten… (continued) Section (c)  Faculty roles and involvement in accreditation process  Policies for faculty professional development activities  Processes for program review  Processes for institutional planning and budget development

…plus One Section (c) Other academic and professional matters as mutually agreed upon.

Collegial Consultation Section (d) District Governing Board is required to consult collegially with the Academic Senate and develop policies on academic and professional matters through either or both: 1. Rely primarily upon the advice and judgment of the Academic Senate 2. Reach mutual agreement with the Academic Senate by written resolution, regulation, or policy

Collegial Consultation - Definitions Section (d) (D) Requires procedures for responding to Academic Senate recommendations that include: 1.When rely primarily, the recommendation of the Academic Senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will they not be accepted. 2. When mutual agreement and an agreement has not been reached: –Existing policy remains in effect except in cases of legal liability or fiscal hardship –Board may act - after a good faith effort - only for compelling legal, fiscal, or organizational reasons.

Compelling Reasons These terms mean 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. --Participating Effectively in District and College Governance (a publication of Academic Senate for California Community Colleges)

Title 5 § – More Powers (E) Academic Senate may assume responsibilities and perform functions as may be delegated by the Governing Board (F) Appointment of faculty members to college committees shall be made by the Academic Senate - requires consultation with CEO or designee

Title 5 § (a) - Students The governing board shall adopt policies procedures that provide students the opportunity to participate effectively in district and college governance.  grading policies  codes of student conduct  academic disciplinary policies  curriculum development

Title 5 § (a) – Students (cont.)  course/program initiation or elimination  processes for institutional planning and budget development  standards and policies regarding student preparation and success  student services planning and development  student fees  any other district or college policy… that will have a significant effect on students

Title 5 § (a) – Classified Staff The governing board shall adopt policies and procedures that provide district and college staff the opportunity to participate effectively in district and college governance.

Santa Monica College Basis Board Policy 2210—Academic Senate …The Board recognizes the Academic Senate (The Senate) as the body which represents the faculty in collegial governance relating to academic and professional matters. The Academic Senate President or designee shall be accorded an opportunity on the Board's regular agenda to address the Board regarding its concerns. The Board of Trustees shall consider and respond to such views and recommendations.

BP 2210—”Rely Primarily” The Board shall rely primarily upon the advice and judgment of the Academic Senate in the areas listed below Grading Policies 2. Faculty roles and involvement in accreditation processes, including self-study and annual reports; 3. The assessment of faculty professional development needs

BP 2210—”Mutual Agreement” …The process for mutual agreement shall be used for all other academic and professional matters and shall occur primarily through the Academic Senate's joint committee process. Mutual agreement means that the policy and implementation recommendations shall be prepared by an Academic Senate joint committee and/or the joint Educational Policies Committee of the Academic Senate and ratified by the Academic Senate and the Superintendent/President.

BP2210—Areas for Mutual Agreement …The list of academic and professional matters which are to be resolved by mutual agreement, includes but is not limited to: A. Curriculum, including establishing prerequisites and placing courses within disciplines. B. Degree and certificate requirements. C. Educational program development. D. Standards or policies regarding student preparation and success. E. District and college governance structures, as related to faculty roles.

BP 2210—Areas for Mutual Agreement (cont.) F. Policies for faculty professional development activities. G. Processes for program review. H. Processes for institutional planning and budget development. I. Policies for academic personnel matters J. Other academic and professional matters as mutually agreed upon between the Board of Trustees and the Academic Senate.

BP 2210—What if Mutual Agreement Doesn’t Work? …If, within one month, during the Fall and Spring semesters when the Academic Senate is in session, either party fails to ratify the policy development and implementation recommendation, the Academic Senate President and the Superintendent/President shall decide, within ten working days from the date, which of the following options shall be used to resolve the impasse. A. Send the recommendations back to the committee of origin and direct them to develop a new recommendation.

BP 2210—What if mutual agreement doesn’t work? (cont.) B. The Academic Senate and the Superintendent/President shall both delegate their ratification authority to the committee of origin and the committee's final recommendation shall become the recommendation on the issue C. The Academic Senate President and the Superintendent/ President shall resolve the issue independent of the committee of origin. and…

BP 2210—What if Mutual Agreement Doesn’t Work? (cont.) …The Senate reserves the right, after consultation with the administration, to present its concerns and recommendations directly to the Board and the Board shall respond to the Senate.

Mutual Agreement Processes— Academic Senate Joint Committees Academic Senate Joint Committees –2 to 1 Ratio of Faculty Members to Administrators –Chair—Faculty Member appointed by the Academic Senate President (ratified by the Academic Senate) –Vice Chair—Administrator appointed by the Superintendent/President

Academic Senate Joint Committees—Responsibilities of Members Faculty Members—represent the interests of the Academic Senate, not just their positions as individuals Administrators—represent the interests of the Superintendent/President, not just their positions as individuals Chair—represents the faculty membership in communicating with Academic Senate Vice Chair—represents the administrator membership in communicating with Superintendent/President

Academic Senate Joint Committees—Effective Participation Purpose—to arrive at a mutually acceptable (to the Academic Senate and the Superintendent/President) resolution of issues –Not just a simple majority vote –In effect, each group has “veto power” Communication—Members must regularly communicate the status of issues throughout the process, not just the result –Often not a set position for either group at beginning –Initial positions of those represented may change as the process unfolds.

What happens when mutual agreement is achieved? Faculty Chair works with Academic Senate President to prepare agenda item Administrator Vice Chair informs the Superintendent/President or designee If changes recommended by either Academic Senate or Superintendent/President—referred back to the committee and mutual agreement must be reached on the changes

What happens when mutual agreement is achieved? (cont.) Routing form (introduced in ) to document through appropriate signatures (Joint Committee Chair and Vice Chair, Academic Senate President, Superintendent/President) that mutual agreement has been achieved for Board Policy or Administrative Regulation revisions –If Board Policy, placed on Board of Trustees meeting agenda –If Administrative Regulation, revision posted on the college website