1. Developing Healthy and Productive Relations: Faculty and Administrative Leaders Ginni May, ASCCC Executive Committee, Sacramento City College Rochelle Olive, College of Alameda Mary Rees, Moorpark College Leigh Anne Shaw, Skyline College John Zarske, Santa Ana College Spring Plenary 2016, Sacramento, CA

2. Pre-Quiz Name all members needed in participatory governance: Faculty Classified Staff Administrative Staff Students

3. Today’s Outcomes Participants will learn how to the get the most out of their college governance by understanding what is meant by: Participatory Governance Ed Code and Title 5 Academic and Professional Matters Collegial Consultation

4. What is Participatory Governance?

5. Education Code Education Code: § 70901 (b)(1)(E) ensure that their opinions are given every reasonable consideration...to ensure faculty, staff, and students the right to participate effectively in district and college governance, …express their opinions at the campus level… ensure that their opinions are given every reasonable consideration… Education Code: § 70902 (b)(7) Governing Boards; Delegation Requires the local Board of Trustees to establish procedures to ensure participatory governance.

6. What Grants Participatory Governance Responsibility to the Academic Senate? Title 5 § 53200 academic and professional matters The academic senate is an “organization whose primary function is to make recommendations with respect to academic and professional matters.”

7. Title 5 § 53203 Powers More Authority: (e) An academic Senate may assume responsibilities and perform functions as may be delegated by the Governing Board. (f) The appointment of faculty members to serve on college committees shall be made, after consultation with the chief executive officer or designee, by the academic senate…

8. Education Code Even More Authority: Section 87359 (b) Waiver of Minimum Qualifications; Equivalency Section 87360 (b) Hiring Criteria, policies, and procedures Section 87458 (a) Administrative Retreat Rights Section 87615 (b) Minimum Degree Requirements

9. Education Code and the Faculty Association Education Code: § 87610.1 (a) Tenure Evaluation Procedures The faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining regarding those procedures. Education Code: § 87663 (f) Evaluation Procedures Association shall consult with Senate Education Code: § 87743.2 Faculty Service Areas Association shall consult with Senate

10. Education Code All Constituencies Education Code: § 70902 (b)(7) Governing Boards; Delegation The board of governors…ensure…staff, and students the opportunity to express their opinions at the campus level, to ensure that these opinions are given every reasonable consideration, to ensure the right to participate effectively in district and college governance…

11. Title 5 Title 5 includes students and classified staff. When it comes to management, Title 5 is silent.

12. Title 5 Title 5 §51023.7 (a) - Students The governing board shall adopt policies procedures that provide students the opportunity to participate effectively in district and college governance in situations dealing with:

13. Title 5 Title 5 §51023.7 (a) – Students grading policies codes of student conduct academic disciplinary policies curriculum development 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

14. Title 5 Title 5 §51023.5 (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.

15. Quiz 1. What is Shared/Participatory Governance? 2. What constitutes a Shared/Participatory Governance Committee?

16. About Education Code Ed code = Legal code (The Law) Results from legislation and requires legislation to be changed. Typically enforced through judicial action (criminal or civil) or regulatory (Title 1-28) Regulations implemented through regulatory agency or judicial action.

17. About Title 5 Title 5, Division 6 = CCC Developed by the System Office Approved by the Board of Governors (BoG) Implements the law with flexibility (where allowed)

18. Ed Code and Title 5 Connection Basically, Ed Code is the law and Title 5 is the Board of Governors’ interpretation of the law.

19. Title 5 § 53200 - Definitions Academic Senate means an organization whose primary function is to make recommendations with respect to academic and professional matters. Academic and professional matters are defined in the “10+1”.

20. What are Academic and Professional Matters? Governance was amended by AB 1725 in September 1988. AB 1725 is implemented through Ed Code and Title 5 regulation. The “10+1” are delineated in Title 5. The “10+1” involve matters related to: Teaching and learning Educational programs Student preparation and success Operations of the college

21. Title 5 § 53200 (the “10+1”) Academic and Professional Matters means the following policy development 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 8. Policies for faculty professional development activities 9. Processes for program review 10. Processes for institutional planning and budget development 11. Other academic and professional matters as mutually agreed upon.

22. What is Collegial Consultation? Title 5 § 53200 Consult Collegially means that the district governing board shall develop policies on academic and professional matters through either or both of the following: primarily upon the advice 1. Rely primarily upon the advice and judgment of the Academic Senate, OR mutual agreement 2. The governing board, or its designees, and the academic senate shall reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations.

23. Collegial Consultation (continued) Title 5 § 53200 (D) Requires procedures for responding to Academic Senate recommendations that include: compelling reasons 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.

24. Collegial Consultation (continued) Title 5 § 53200 (D) Requires procedures for responding to Academic Senate recommendations that include: 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 compelling Board may act - after a good faith effort - only for compelling legal, fiscal, or organizational reasons.

25. Compelling Reasons Defined …the board’s decision to disagree must be: in writing, and based on a clear and substantive rationale which puts the explanation in an accurate, appropriate, and relevant context. --Participating Effectively in District and College Governance by the ASCCC and the CCLC http://asccc.org/sites/default/files/publications/FinalGuidelines_0.pdf

26. Reducing Tension in Participatory Governance image source: https://edenhills.wordpress.com/category/rurality-blog-hop/ Examine source of tension…some common culprits:  Fast, rigid timelines  Not enough info  Too much info  Not enough time for consultation by all constituents  Pressure to approve and not be viewed as obstructionist

27. When Tensions Arise… Recognize and appreciate everyone’s job and time constraints Provide adequate review and discussion time Participate honestly and earnestly Faculty, Staff, Administrators, Students Brown Act requires 72 hours notice; most constituents require multiple readings and deliberation Recognize that we all have the same goal image source: http://serial.printdirect.ru/index.php?action=addtocart&product=6632206

28. When Tensions Arise… Err on the side of plenty of information in a realistic, accessible delivery Check the 10+1 to be clear what areas require faculty senate input, and what areas do not Well-organized, updated web sites and file repositories (vs. 198-pg Word Docs sent in email) Student success? Budget? Hiring? Building planning? Policy evaluation? image source: http://serial.printdirect.ru/index.php?action=addtocart&product=6632206

29. Breakout Group Quiz Each of you were given a colored card – no card? Please raise your hand for one Find your group mates – Yellow, Green, Pink One Breakout Group quiz has been assigned to each group Get out your camera phones: snap a shot of your quiz! Each group will have: 10 minutes to discuss your questions and prepare 5 minutes to present 1 minute for Q & A

30. Breakout Group A: Quiz! Happy Valley College has an Equity committee and is looking for ways to enhance participatory governance. Describe the effects on participatory governance from the following: 1. VP chairs the committee, which has a senate appointee. 2. Equity is a sub-committee of the Senate. 3. Stand-alone committee is co-chaired by admin and faculty.

31. Breakout Group B: Quiz! Lonesome Valley College has “rely primarily” in its governance structure. A key college plan is up for review. Describe the effects on participatory governance from the following: 1. Plans are created by an administrative team and presented to a faculty-led committee for approval. 2. Plans are created by a joint team of faculty and administration, and each rep provides opportunity for feedback from constituents before approval.

32. Breakout Group C: Quiz! Lovely Valley College has a Key Governance Plan (KGP) due April 29. The faculty senate meets on April 21. The administration contacts the Senate on April 19 to agenize the KGP for the meeting on the 21 st. 1. What issues affecting participatory governance are brought up here? 2. What are likely responses from both parties? 3. What considerations do colleges need to have in order to avoid these issues?

33. Thank you! Contact Information: Ginni May mayv@scc.losrios.edumayv@scc.losrios.edu Rochelle Olive rolive@peralta.edurolive@peralta.edu Mary Rees MRees@vcccd.eduMRees@vcccd.edu Leigh Anne Shaw shawl@smccd.edushawl@smccd.edu John Zarske Zarske_John@sac.eduZarske_John@sac.edu