1. The Basis for Effective Senates
Ian Walton, Vice President
Mark Lieu, Treasurer
Leadership Institute 2004, San Jose
Grant Miller / Hoke Simpson / Ian Walton / Jane Patton / Mark Lieu / Kate Clark

2. Basis for Senate Power ? It’s the LAW!
1. Education Code
2. Title 5 Regulations
Leadership Institute 2004, San Jose

3. Leadership Institute 2004, San Jose
California Ed Code
Laws resulting from legislation
Requires legislation to be changed
Always supercedes Title 5 regulation
Governance was amended by AB in 1988
Leadership Institute 2004, San Jose

4. Leadership Institute 2004, San Jose
Title 5
California Code of Regulations
Board of Governors for CA Community Colleges (“BOG”) implementation of Ed Code
Division 6 applies to community colleges
It is regulation with the force of law
Leadership Institute 2004, San Jose

5. Legal Basis vs Real Life It’s the LAW! - It’s YOU
02 Rostrum Articles
Child Support
Analogy
Leadership Institute 2004, San Jose

6. Leadership Institute 2004, San Jose
Today
Legal Framework
Comment on Real Life or Local Situations
Increase Comfort Level of New Senate Presidents
NOT - Solve Hot Topics
Leadership Institute 2004, San Jose

7. Leadership Institute 2004, San Jose
Main Ideas
Detailed Language is in your binder
AB 1725 Indexed Version
Empowering Local Senates Handbook
Academic Senate Web Site
Leadership Institute 2004, San Jose

8. Leadership Institute 2004, San Jose
Ed Code
“The Governing Board shall. . . ensure. . . the right of the Academic Senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.”
Leadership Institute 2004, San Jose

9. Leadership Institute 2004, San Jose
Title Powers
(a) Gov. Boards shall adopt policies delegating authority & responsibility to Academic Senates.
(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 – in addition to consultation
Leadership Institute 2004, San Jose

10. Leadership Institute 2004, San Jose
Title 5 Definition
(b) “Academic Senate means an organization whose primary function is to make recommendations with respect to academic & professional matters.”
Leadership Institute 2004, San Jose

11. “ Academic & Professional Matters” Our 10 areas + 1
Section (c) …policy development and implementation…
1. Curriculum + pre-reqs.
2. Degree + certificate reqs.
3. Grading policies
4. Educational program development
5. Standards/policies re. student
preparation + success
Leadership Institute 2004, San Jose

12. Leadership Institute 2004, San Jose
Section (c) contd.
6. College governance structures as related to faculty roles
7. Faculty roles in accreditation
8. Policies: faculty development
9. Processes: program review
10. Processes: planning + budget
Plus 1
Other academic + professional matters as mutually agreed upon
Leadership Institute 2004, San Jose

13. Collegial Consultation ---defined
Section (d)
The district governing board shall develop policies on academic & professional matters through either or both of these:
1.Rely primarily upon the advice & judgment of the Academic Senate, or
2. Board/Senate shall reach mutual agreement by written resolution, regulation or policy
Leadership Institute 2004, San Jose

14. Leadership Institute 2004, San Jose
TITLE 5 §53203
(d) (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.
(maintain a written record….)
Leadership Institute 2004, San Jose

15. Leadership Institute 2004, San Jose
TITLE 5 §53203
(d) (2) When mutually agree:
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.
Leadership Institute 2004, San Jose

16. Leadership Institute 2004, San Jose
TITLE 5 §53203
(e) Academic Senate may assume responsibilities and perform functions as may be delegated by the Governing Board.
(f) Appointment of faculty members to college or district committees, task forces, or other groups dealing with academic and professional matters, shall be made by the Academic Senate.
— Requires consultation with CEO or designee
— Collective bargaining rights
Leadership Institute 2004, San Jose

17. Leadership Institute 2004, San Jose
Language for Students
Governing Board adopts policies that provide students opportunity to participate effectively in district and college governance.
• formulation and development of selected policies and procedures
• processes for jointly developing recommendations that have or will have a significant effect on students
Leadership Institute 2004, San Jose

18. Leadership Institute 2004, San Jose
Language for Staff
Governing Board adopts policies that provide staff opportunity to participate effectively in district and college governance.
• formulation and development of policies and procedures
• processes for jointly developing recommendations that have or will have a significant effect on staff
Leadership Institute 2004, San Jose

19. Leadership Institute 2004, San Jose
Ed Code-- more areas of responsibility - developed and agreed upon jointly
87359 Process for equivalency to minimum qualifications
87360 Hiring criteria for faculty
87458 Administrative retreat rights
Leadership Institute 2004, San Jose

20. Ed Code--Tenure Evaluation
“The faculty’s exclusive representative shall consult with the Academic Senate prior to engaging in collective bargaining regarding these procedures.”
Leadership Institute 2004, San Jose

21. Association shall consult with the Academic Senate
87663 (f) Faculty evaluation procedures
Faculty Service Areas
(work for effective senate-union - faculty chair relationships with colleagues)
Leadership Institute 2004, San Jose

22. Leadership Institute 2004, San Jose
Resources
From there you can get links to Ed Code and Title 5 – with search engines.
“Empowering Local Senates: Roles & Responsibilities of and Strategies for Effective Senates” (Spring 02)
Leadership Institute 2004, San Jose