Academic Senate

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 (also known as the “10 + 1”) 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, 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.
11. Other academic and professional matters as mutually agreed upon between the governing board and the academic senate.

Consult Collegially means that the district governing board shall develop policies on academic and professional matters through either or both of the following:

1. Rely primarily upon the advice and judgment of the academic senate, OR
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.

TITLE 5: §53203 Powers

1. The governing board shall adopt policies for the appropriate delegation of authority and responsibility to its college academic senate.
2. In adopting the policies described in section (a), the governing board or designees, shall consult collegially with the academic senate.
3. While consulting collegially, the academic senate shall retain the right to meet with or appear before the governing board with respect to its views and recommendations. In addition, after consultation with the administration, the academic senate may present its recommendations to the governing board.
4. The governing board shall adopt procedures for responding to recommendations of the academic senate that incorporate the following:
   
   1. When the board elects to rely primarily upon the advice and judgment of the academic senate, the recommendation of the senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will the recommendations not be accepted.
   2. When the board elects to provide for mutual agreement with the academic senate, and an agreement has not been reached, existing policy shall remain in effect unless such policy exposes the district to legal liability or fiscal hardship. In cases where there is no existing policy, or when legal liability or fiscal hardship requires existing policy to be changed, the board may act, after a good faith effort to reach agreement, only for compelling legal, fiscal, or organizational reasons.
5. An academic senate may assume such responsibilities and perform such functions as may be delegated to it by the governing board.
6. 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. Notwithstanding this Subsection, the collective bargaining representative may seek to appoint faculty members to committees, task forces, or other groups.

Selected Passages from the California Education Code
The following section highlights some of the significant segments of the California Code of Regulations with links to the sections on the California Legislative Information website. California Education Code changes with new legislation, so this handbook hyperlinks to the most current versions of the codes, rather than excerpting them here. These important legal strictures are designed to ensure faculty’s full participation in the educational and governance processes at California’s community colleges.

• Education Code: § 70902 (b)(7) Governing Boards; Delegation
  Requires the local Board of Trustees to establish procedures to ensure effective participation, and “to ensure the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.”
• Education Code: § 87359 (b) Waiver Of Minimum Qualifications; Equivalency
  Requires the local Board of Trustees to rely primarily upon the advice of the local academic senate regarding faculty meeting minimum qualifications.
• Education Code: § 87360 (b) Hiring Criteria [See additional content below]
  Requires the local Board of Trustees to develop hiring criteria, policies, and procedures for new faculty members.
• Education Code: § 87458 (a) Administrative Retreat Rights
  Requires the local Board of Trustees to rely primarily upon the advice and judgment of the local academic senate regarding procedures about administrators retreating into faculty positions.
• Education Code: § 87610.1(a) Tenure Evaluation Procedures
  Requires that collective bargaining agents, or faculty collective bargaining units, consult with the local academic senate prior to negotiating tenure evaluation procedures.
• Education Code: § 87663 (f) Evaluation Procedures
  Requires that collective bargaining agents, or faculty collective bargaining units, consult with the local academic senate prior to negotiating faculty evaluation procedures.
• Education Code: § 87743.2 Faculty Service Areas
  Requires that collective bargaining agents, or faculty collective bargaining units, consult with the local academic senate prior to negotiating Faculty Service Areas (FSA).

ARTICLE 3. Hiring Criteria [87360]

1. In establishing hiring criteria for faculty and administrators, district governing boards shall, no later than July 1, 1990, develop criteria that include a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students.
2. No later than July 1, 1990, hiring criteria, policies, and procedures for new faculty members shall be developed and agreed upon jointly by representatives of the governing board, and the academic senate, and approved by the governing board.
3. Until a joint agreement is reached and approved pursuant to subdivision (b), the existing district process in existence on January 1, 1989, shall remain in effect.