senate capers: April 7 meeting: "geekdom"

Wednesday, April 20, 2016

April 7 meeting: "geekdom"

I had trouble maintaining consciousness during this meeting. It was hard to take notes. When the meeting was over, I fled the building, the college, the city. (Thank you, Melanie, for your notes.) In truth, I'm having trouble maintaining consciousness even now, so faintly does the moment inspire. —RB

School Reports

I raised the “awareness week” issue. I said something like:

The events of this program seem to reflect a peculiar and perhaps obnoxious understanding of the sexual assault issue, for they seem to focus entirely on what women need to do—as if the attitudes and practices of men are irrelevant and that men have no role in the discussion—and it seems to feature a speaker of dubious quality. Janine Scarlet, we learn, is a proponent of “Superhero Therapy,” which is associated with geek culture. To get a sense of her approach and nature, one might view one of her YouTube videos in which she helps people (of geekdom, I think) “cope with celebrity deaths.” I suggested that, as a body, we should urge organizers, in future, to consult with available faculty experts. I located this issue in the larger phenomenon of “anti-intellectualism” at the college. I was referring to the college President and his judgments/values.

The subsequent discussion was, I think, not hostile to my/our point (Brittany weighed in, blasting Title IX), though most senators stared blankly as though they had been hit upside the head with a brick.

Kathy supported our view and will attempt to communicate our sense that, in future, the relevant faculty experts—e.g., those in our School—should be consulted in determining events, etc. Not clear what other senators were thinking, if anything.

Somehow, Kathy mentioned an episode at the recent board meeting. A certain trustee (Wright) “questioned the validity of the equivalency of the new math hire. Kathy and others at the meeting emphasized to the board discipline experts should be trusted with these decisions.” I noted that Wright has a pattern of spasms of micromanagement. (Note: I’m here quoting Melanie’s notes.)

Melanie, of Reading, announced National Library week.

“The LGBTQ student club has been meeting each week. It is very successful. The club had over 270 students stop by their table during Preview Day. Tony Lin and Brooke will be working to put together Safe Space Training.” (Melanie.)

Shadow Quill is an alter ego of Dr. Janina Scarlet, a registered psychological assistant at the Center for Stress and Anxiety Management in San Diego. She is also a scientist and an adjunct professor at Alliant International University, San Diego.

Kathy’s report: she updated us regarding security on campus. Security monitors (for after hours only) will be installed at key spots on campus, including the child development center. Such installations will be extended sometime in future.

Evidently, a mechanism whereby instructors can lock classrooms from the inside has been identified, and it is “ADA compliant” to boot. (You shoulda been there when Diana got some guy’s belt and wrapped it around the door closer of one of B209’s doors. This, she declared, will thwart any “active shooter.”

But no. Somebody on the other side of the door pushed through without difficulty. The belt looked ridiculous.

Some doors have breakable glass that fails to prevent ingress. Such glass will be replaced with super-duper glass.

At one point, Kathy said something about administration’s pattern of lack of consultation; they offer mere “lip service,” she said. This seems to be a theme with her right now.

Good.

Somebody updated us on the ongoing Blackboard/Canvas debate. In past, discussion has been pretty one-sided against Blackboard and in favor of Canvas, but other voices are being heard now, it seems. Not sure where this is heading, since the committee in question has already weighed in in favor of Canvas.

“Kathy discussed Canvas - says the union has slowed down the process a bit - wants to make sure there is enough money for training of faculty. If you would like to be part of the trial pool, let Roopa M know.” –Melanie

VP Bob U reported on activities of the “calendar committee.” It sounded as though the two colleges are playing nice and rapidly arriving at a particular calendar for Spring (Fall is already set in stone, I guess).

There’s been a change re Cesar Chavez day (I do believe that the district recently discovered that it has long violated state law about celebrating this holiday. Oops.) There’s some issue about when to have a holiday for Presidents’ Day. There’s a big change afoot re Spring Break (in order to better accommodate 8-week classes).

“Spring break will be March 17-25 to even out the 8 week courses. Commencement will be the last day of finals.” –Melanie

Bob was amused by this odd spasm of harmony on the committee. We had a “Kumbaya moment,” he said.

“Basic Skills - IVC awarded the 3 year grant for Transformational Basic Skills. Angel Hernandez will be the coordinator. Brooke will be the new Basic Skills Coordinator in Summer’s place. The kickoff meeting for the grant is Wednesday April 27th.” (Melanie)

Re the cafeteria committee: Diana, who is not on the committee, carped about dirty tables and chairs.

Nothing new on Early College.

Diana, our “courses” maven, noted requirements on CTE faculty. Help is available.

Cheryl announced the availability of training sessions for doing SLOs and the like. “The new TrackDat is better,” she said. I heard a groan.

“Data transferred from old version to new version without any problems.” (Melanie)

Diana, again as Curriculum Chair, reported on the situation regarding our college’s native “general ed” pattern. It hasn’t been reviewed in “six years,” and that won’t do. In particular, the courses can’t go above 60 units—and our pattern entails exceeding that number. Evidently, existing patterns devote 45 units to GE, leaving too little for the degree specialty. “We have a bloated GE,” she said. “We need to reduce units.”

She discussed various approaches to this; some of these have sparked controversy. For instance, it seems wrong, and contrary to how we see ourselves, to remove “American Institutions” from the list. We’ve heard such remarks from faculty, she said, and so it’s clear that there’s need of further discussion on the committee.

“I’m asking you,” said Diana, to help out with this. You should be hearing from your School Rep. Each School needs to consider this issue and come back with feedback. The committee will return to the senate with recommendations.

Re the Curriculum report, Melanie’s notes seems more helpful:

“Diana H. - Native GE - ( for our AA). Our GE pattern was up for review. State demands local degrees, which includes the native GE pattern. We can’t have more than 60 units. Our native GE has 45 units, which doesn't leave many units for some majors - only 15. We need to reduce our native GE. She came back with six options of removal. She heard that some were upset with some of the areas being suggested for removal. So the curriculum committee will discuss it again about which to remove. She is asking for more recommendations. She will bring back the new recommendations for the next meeting. We need to discuss this at our school level with our curriculum rep … so she [Diana] knows what recommendations we would like her to take to the next curriculum meeting.”

DIANA: next issue: which courses will remain in each section? Territoriality raises its ugly head, she said.

PROGRAM REVIEW: any changes to chart? Please write to Craig H and Kathy to bring it back here.

Board policies: Blah blah blah

We unanimously approved Dan D for search committee for Director of Purchasing, Contracts, and Materials Management—or some such thing.

SENATE ELECTIONS: Kris Loeffler has been nominated, accepted nomination for curric chair. She was approved.

Academic Affairs chair: Brett nominated, accepted.

Nominees for past president: Lewis Long

Basic Skill Coordinator –volunteer: Brooke Choo

Basic skills grant coordinator: Angel Hernandez

Selecting department chairs. Do any of your departments have mechanisms or procedures (etc.) about chair selection? If you have anything in writing, we want it! Looking for best practices.

Spring plenary:

Music: a few subjects, associate degree for transfer, serve students badly who wish to stay in that area. Chemistry. ADT not good for chem majors. Similar problem obtains in music. Resolution: enjoin the state to make another exception for music and other subjects. Support? Yes.

BP-4011 Employment Procedures for Administrators and Managers

Near and dear to (Kathy’s) heart. Want to support (the revision). (Current policy is woeful; as I recall, it is heavy on administrative participation, light on faculty participation. It’s just a rotten policy.)

BP-4011 Employment Procedures for Administrators and Managers

BP and AR 4090 Evaluation of Administrators/Classified Management Personnel

All approved.

Re the upcoming senate elections: it is important that everyone vote. We want approbation, not apathy.

Melanie writes: “Please vote for Kathy and Bob if you are in favor of them returning as President and VP of the senate in the upcoming senate elections even though they are running unopposed. This shows unity and affirmation not apathy so they have strength in their voice to advocate for us.

—Senator Roy

See Irvine Valley College’s bouncy house invitationals

No comments:

College and district acronyms

DRAC – District Resources Allocation

BAARC – Basic Aid Allocation Committee

CET – Chancellor’s Executive Team

BPARC – District Board Policy and Administrative Regulations

SPOBDC -- Strategic Planning Oversight & Budget Development Committee

SPAC -- Strategic Planning and Accreditation Council

APTC – IVC Academic Planning and Technology Committee

SSAMMO – IVC Student Success/Access/Matriculation/Marketing & Outreach
BDRPC – IVC Budget Development and Resources Planning Committee See
See What's "Bark"? And what on Earth is the DRAC?

The Faculty's Role in Community College Decision Making*

The Concept of Shared Governance

Shared governance is a process created by the California state legislature that guarantees faculty input in the decision-making process of community colleges. The purpose of the law, AB 1725, was to provide a mechanism to insure that the expertise of the faculty would be used in developing college policies. Although the phrase "shared governance" is not found in the legislation, it has become the commonly used description of the process that provides for faculty input. AB 1725 mandates that colleges "consult collegially" with local Academic Senates (the law also encourages colleges to seek active participation of other constituencies such as classified staff or students in appropriate areas). 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

2. The governing board, or its designees, and the Academic Senate shall reach mutual agreement.

The state identified "academic and professional" matters as eleven specific areas:

1. Curriculum, including establishing prerequisites
2. Degree and certificate requirements
3. Grading policy
4. Educational program development
5. Standards or policies regarding student preparation and success
6. College governance structures, as related to faculty roles
7. Faculty roles and involvement in accreditation processes
8. Policies for 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.

Since each college determines exactly how shared governance will be implemented on its campus, the process varies widely in its scope and details. With relatively few exceptions, shared governance has provided California community college instructors with a vehicle for input into the decision making process unmatched in any other state.

*Provided by 4Faculty

The SOCCCD Academic Senates sue their district (and win)

[UPSHOT: the Chancellor/Board essentially unilaterally changed the district's full-time faculty hiring policy despite a statute according to which the Academic Senate (i.e., the faculty) has important rights in the development of such policies. In the end (2005), faculty entirely PREVAILED.]

Part 1: From Dissent 66, Oct. 7, 2002

LEGAL STORMS BREWING

I counted two and seventy stenches, All well defined, and several stinks. —Coleridge

Intervention sought: During an August meeting of the IVC Academic Senate, it was suggested that, given the Chancellor & Board’s exclusion of the Academic Senate from governance, there really is no point in continuing. It was suggested, too, that the Senate might better devote its energies to seeking redress in the courts.

* * *

On September 12, the exec. cabinet of the IVC Academic Senate sent a letter to State Chancellor Nussbaum, seeking his “intervention” “to secure rights granted to local senates under Title 5” of the Ed Code. The letter cited four examples of the Board’s many actions in violation of “law, policy and process.” The first concerned the Board’s action (Fall 2000) to revise BP6120 (academic freedom), despite objections from the senates. Example 2 was the Board’s adoption (12/01) of a revision of BP5604 (eligibility for admission) despite “vehement” senate objections. Example 3 was the Board’s decision (2/02) to unilaterally revise BP 2100.1 (delegation of authority to academic senates), despite the policy’s explicitly prohibiting such action.

The fourth and most recent example concerned “revisions to District hiring policies,” including revisions to the Full-Time Academic Employees Hiring Policy, developed over the summer by Chancellor Mathur. These revisions, said the letter, “are rife with numerous individual violations of law, policy and good practice.” Despite Title 5, “At no time were any of the governance groups on either campus invited to participate, or even alerted to the existence of the committee.” Further, governance groups were given only 8 days to provide “input.”

* * *

The Senate’s letter yielded a response—a letter discovered belatedly, and already opened, in the senate president’s mail box! Dated Sept. 16, the letter, from Ralph Black, attorney for the State Chancellor’s Office, requested further info to determine whether his involvement “would be warranted.” Black offers a jurisdictional point: “Unless faculty hiring is listed as an ‘academic and professional matter’ under the SOCCCD shared governance policy..., faculty hiring does not fall under the jurisdiction of [the Board of Governors’] regulations.” (More on this later.)

On Sept. 25th, Mathur emailed the Saddleback Academic Senate, suggesting that he is under no obligation to consult the Academic Senates regarding modifications of the hiring policy. To support this odd view, he cited Black’s letter and its point about jurisdiction, but he ignored Black’s remark, in the same letter, that Faculty hiring procedures are covered by [the] Education Code..., which requires that “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….” (Ralph Black)

Late in 1993, the Board approved a “Full Time Academic Employees Hiring Policy” that makes clear that the hiring policy can be changed only upon mutual agreement between the district and the faculty senates. This, of course, is the crucial “further information” that Ralph Black needs and will soon receive.

* * *

Budget development, of course, is plainly listed among the academic and professional matters of the district’s “shared governance” policy (2100.1). Hence, a failure to consult with the academic senate regarding budget development would be a violation of “shared governance”—one that clearly does fall under Black’s jurisdiction. Mr. Black will be interested to learn that, at IVC, the senate has been excluded from the budget development process for years.

Part 2: From Dissent 67, April 14, 2003

[“Kurt Bozny” is one of Chunk’s alter-egos.]

According to a statute, faculty hiring policies are to be “mutually” agreed upon by the district (i.e., the board) and the faculty (i.e., the academic senates).

During the Summer of 2002, Chancellor Mathur established a committee, including no faculty, that developed a new hiring policy. The faculty were not even informed of this committee’s work. The product of the committee—a truly appalling and incompetent policy—was then adopted by the board.

Thus, at long last, the faculty senate sued the district. (It was about time!) Below describes the serving of papers and its immediate aftermath.

April 14, 2003

Saddleback and Irvine Valley Colleges' Academic Senates Sue the District

By Kurt Bozny

April 8:

Santa Ana, 1:15 p.m.: Wendy files the much anticipated “faculty hiring policy” lawsuit against the SOCCCD Board of Trustees and Chancellor RAGHU P. MATHUR. She’s well-prepared, and so she breezes through the paperwork. Soon, she’s out the door, headin’ south!

2:10: Wendy’s back at IVC. She and I decide to head down south together to serve Mathur with the writ and the attached documents—a big stack. It’s good to bring an observer, cuz some people get way squirrelly when you try to serve ‘em with a lawsuit, and Mathur’s definitely the type.

I briefly search for one of those neon green “legal observer” caps like they wear at the big protests in L.A., but I can’t find one. Dang!

Mission Viejo, 2:40: we’re up on the 3rd floor of the Library, closin’ in on Chancellor Mathur’s office. I catch a glimpse of Mathur exiting his office, movin’ towards Robina Husting’s desk. He hasn’t spotted us yet.

Wendy closes in, holdin’ the thick stack of legal papers in front of her. As it turns out, Mathur is holding a similar stack of papers in front of him. The two meet in the small space in front of Robina’s desk. Mathur just stands there. So Wendy places her stack on top of Mathur’s stack, sayin’, “You’re served.”

Mathur’s horrified. The indecorous fellow now jostles and squirms to avoid holding the papers, but it’s too late—he’s got ‘em.

I’m thinkin’: “Does he actually suppose that the lawsuit won’t happen if he avoids holdin’ this stuff?”

Finally, in a desperate attempt to avoid being served, Raghu shoves the legal papers forward and they fall to the floor. Fwap!

Legally speaking, such fwappage is irrelevant; he’d been served and, once again, he’d attained the title “Respondent Mathur.” Besides, leaving the lawsuit on his secretary’s desk counts, too, so Wendy now picks up the papers and places ‘em there.

Meanwhile, I size up the Chancellor’s unseemly conduct. “How rude,” I proclaim. We exit.

Respondent Mathur struggles to think of a comeback, but Attorney Wendy (and her cap-less Boswell) are already out the door.

Finally, he’s got one. He shouts:

“How rude are YOU!”

* * *

Wendy Gabriella

April [9]: The next day, the district issues a peevish press release. It says:

SOCCCD Chancellor Raghu P. Mathur…commented on a lawsuit filed by the IVC and Saddleback College Academic Senates that disputes a new SOCCCD faculty hiring policy, stating, “The district is following the guidelines established under Title 5 that defines the ‘Delegation of Authority to the Academic Senates.’ There are 11 areas within the scope of academic and professional matters for which the academic senates have primary responsibility.

“The State Chancellor’s office has confirmed our view,” Mathur said, “that our hiring policies do not fall within the primary responsibility of the faculty….”

This is classic Mathur. The State Chancellor’s office does indeed hold that hiring policies are not among the 10 + 1 areas in which faculty are assigned primary responsibility by Title 5, a state regulation.

The problem is that the lawsuit does not mention Title 5 and it does not allege that Title 5 has been violated. Rather, it alleges that the new policies, and the manner in which they were developed and approved, violate an Ed Code statute (EC87360) and utterly defeat the intentions of legislators.

Ed Code statutes, of course, are more than regulations; they’re laws. They count bigtime.

In other words, with regard to the issue of faculty “hiring” policies, we don’t need no stinkin’ Title 5.

Respondent Mathur is ignoring—or failing to understand—that, in reality, the State Chancellor’s office takes the following view:

Education Code section 87360 requires governing board and academic senate representatives to agree on hiring criteria, policies and procedures to be adopted by the board. (Letter from California Community College Chancellor’s Office, Ralph Black, General Counsel, January 29, 2002).

In the District’s press release, Board President Don “So sue me” Wagner offers his own spin, expressing “disappointment” that the senates have decided to force the district to “spend money on attorneys, rather than students.”

* * *

On the 10th, the Register reports that

In an unprecedented move, the faculty senates of both Saddleback and Irvine Valley colleges have voted to sue their district chancellor and trustees over a new hiring policy that gives more power to college administrators at the expense of traditional academic hiring committees.

The lawsuit … asks a judge to set aside the new hiring policy because it was not approved by each college’s Academic Senate.

When the new rules were approved by a 4-3 vote by the …trustees in January, faculty representatives unsuccessfully pleaded with the board for more time to discuss them.

The state’s Education Code requires that hiring criteria and policies for new faculty members must be developed “and agreed upon jointly” by board members and the Academic Senate….

…Typically, new college instructors are selected by hiring committees made up of faculty members who are experts in the field and the head of the department. Their selection is usually ratified by the college president, the district’s board of trustees or both.

According to Wendy Gabriella, an IVC instructor and attorney who filed the lawsuit, faculty members were particularly unhappy with new rules that allow the district’s human resources director to change the scores awarded by committee members if she deems them too far off the norm and to unilaterally change interview questions.

Professors were also displeased with a new ethics and confidentiality section of the hiring policy that allows the human resources director to investigate and punish any member of a hiring committee who is accused of violating confidentiality.

“The policy allows the human resources department to accuse hiring committee members of bias, change their scores and discipline them without any due process or opportunity for appeal,” [said the] Irvine Valley Academic Senate President….

* * *

Also on the 10th, the President of the IVC Academic Senate, Greg Bishopp, sends a memo to IVC faculty. (The Saddleback Senate Prez later spams it to Saddleback faculty.) It says:

The Academic Senates of IVC and Saddleback College have filed suit in California Superior Court to block the implementation of a faculty hiring policy, which they believe to violate … the California Education Code. While the trustees and the administration of the SOCCCD maintain that their new policy, and the process used to develop this policy, does not violate the law, the Academic Senates claim that they do. In violation of the law, the Senates maintain, district administration has failed to allow faculty involvement in developing the procedures for hiring new faculty members. As a result, the adopted policy is fraught with violations of law, policy, and accepted practice.

Prez Bishopp also notes that the senates have “exhausted all internal means of appeal” and that, in January, Wagner “invited the Senates to sue the district to resolve the legality of the Board of Trustees’ alteration of board policy.”

That Wagner is quite a guy!

Bishopp closes by noting that the record

shows who has been responsible for wasting the district’s money in the past. Board President Don Wagner has stated that, “our district will again prevail on this misguided litigation.” However, in the seven legal actions brought by members of the faculty against the Board of Trustees, the courts have sided with the faculty and against the Board every single time, demonstrating that the Board, by violating the law, has been responsible for the suits, not the litigiousness of the plaintiffs. If the Board of Trustees does not wish to spend money on litigation, it should avoid breaking the law.

* * *

The district’s new faculty hiring policies (BP4011, 4011.1, 4011.2) are available online at the Saddleback College Academic Senate website.

Those who wish to read the statute should go to

Statute

To read a review of the statute and its relation to the historic AB1725 legislation, one might start by reading the local senates “handbook” on the State Academic Senate’s website:

Handbook

See you in court! —KB

Part 3

Judge Clay Smith
[10/10/09:]

Here’s what happened next:

Judge Clay Smith ruled that the district had indeed failed to include the faculty in the development of the faculty hiring policy, contrary to law. He thus ordered the district and senates to get together to develop a faculty hiring policy. But, in the end, the district’s representatives and the senates’ representatives did not see eye to eye on major issues, and so the district unilaterally pushed through the version of the policy that it liked, and it pronounced that policy the product of the committee. That policy was almost as appalling as the one that was neutralized by Smith.

Surprisingly, despite the vociferous objections of the Academic Senates to the new policy, Judge Smith ruled that the policy was indeed the product of “mutual agreement.”

It was an absurd judgment.

The Academic Senates appealed.

By summer 2005, the appellate justices unanimously acted to overturn and vacate Smith’s absurd judgment. The board tried one or two last ditch efforts to have the court reconsider, but to no avail. The academic senates had won, and that was that.

The senates had prevailed, period. That meant that the only valid policy was the one developed at the end of 1993 (that one was mutually agreed to). It was good from the faculty’s perspective.

The appellate justices urged the parties to work out their differences, and so, in the Fall of 2005, district representatives (namely, Mathur, the instigator of the original unilaterally imposed policy, and Lang, now the board president) and Academic Senate reps (namely, the two senate Presidents and the union president) mutually developed a policy that both sides could agree on.

That work was completed by late October, 2005. This mutually ageed to policy is a vast improvement.

At the time of writing, it only remains for the board to approve the new policy, and there is every indication that they will do just that. If they fail to do so, then the decidedly faculty-friendly 1993/4 policy will apply.

[The policy was approved.]

Wednesday, April 20, 2016

April 7 meeting: "geekdom"

No comments:

Post a Comment