Governance, Constitution & Bylaws

The faculty of each college in the District may organize a College Academic Senate for the purpose of faculty government and to establish formal and effective procedures for participation in setting policies on academic and professional matters. The Board of Trustees recognizes such faculty groups as representatives of faculty opinions and as a consulting body on the college campus.

The Board of Trustees recognizes the District Academic Senate, composed of various representatives of the College Academic enates, and will consult collegially with it on academic and professional matters common to the District.

The Board of Trustees recognizes and affirms its obligations to consult collegially with the District Academic Senate when adopting policies and procedures on academic and professional matters. The primary function of the District Academic Senate, as representative of the faculty, is to make recommendations to the Board of Trustees (or designee), with respect to District level academic and professional matters.
The primary function of the College Academic Senates, as representatives of the college faculty, is to make recommendations to the administration of the college and the Board of Trustees.

• "Faculty" means those academic employees of the District who are employed in positions that are not designated as supervisory or management for the purposes of the Educational Employment Relations Act, encompassed in Government Code section 3540 et seq., and for which minimum qualifications for hire are specified by the Board of Governors for the California Community Colleges.
• "District Academic Senate" means the Academic Senate for the Los Angeles Community College District.
• "College Academic Senate" means the Academic Senate of each of the colleges in the Los Angeles Community College District.
• The generic term "academic senate" means either or both the District Academic Senate or the College Academic Senates.
• "The Board" means the Board of Trustees of the Los Angeles Community College District.
• "The District" means the Los Angeles Community College District.
• "Academic and professional matters" means the following policy development and implementation 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; and
  11. Other academic and professional matters as mutually agreed upon between the Board and the academic senate.

• "Consult collegially" means that the Board shall develop policies on academic and professional matters through either or both of the following methods, according to its own discretion by:
  1. relying primarily upon the advice and judgment of the academic senate; or
  2. agreeing that the Board, or such representatives as it may designate, and the representatives of the academic senate shall have the obligation to reach mutual agreement by written resolution, regulations, or policy of the board effectuating such recommendations.

• The Board through the collegial consultation process shall rely primarily on the District Academic Senate concerning the following District level academic and professional matters:
  1. Curriculum, including establishing prerequisites and placing courses within disciplines;
  2. Degree and certificate requirements;
  3. Grading policies;
  4. Policies for faculty professional development activities;
  5. Processes for program review; and
  6. Faculty roles and involvement in accreditation processes, including self-study and annual reports.
• The Board shall reach mutual agreement with the District Academic Senate on District level academic and professional matters by written resolution concerning the following policy areas:
• Educational program development;
• District and college governance structures as related to faculty roles;
• Processes for institutional planning and budget development;
• Standards or policies regarding student preparation and success; and
• Other academic and professional matters as are mutually agreed on by the Board of Trustees and the District Academic Senate.
• In order to facilitate the consultation process, there shall be regularly scheduled meetings, including but not limited to:
  1. The District Academic Senate President and the Chancellor;
  2. Between District Academic Senate Executive Committee and Chancellor's Cabinet; and
  3. Other meetings that the District Academic Senate and/or the Chancellor find will effectuate the consultation process.
• All recommendations on academic and professional matters which have been developed through collegial consultation with the District Academic Senate shall bear the signature of the District Academic Senate president.

• Recommendations from the District Academic Senate to theBoard shall be in writing and conveyed to the Board usually through the Chancellor.
• In instances where the Board elects to rely primarily upon the advice and judgment of the District Academic Senate, the recommendations of the District Academic Senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will the recommendations not be accepted. If a recommendation is not accepted, the Board or its designee, upon written request of the Academic Senate to the Board shall promptly communicate its reasons in writing to the District Academic Senate.
• In instances where the Board elects to provide for mutual agreement with the District Academic Senate, and agreement has not been reached, existing policy shall remain in effect unless continuing such policy exposes the District to legal liability or causes substantial fiscal hardship. In cases where there is no existing policy, or in cases where the exposure to legal liability or substantial 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.

• The appointment of faculty members to serve on District committees, task forces, or other groups dealing with academic and professional matters shall be made, after consultation with the Chancellor or his or her designee, by the District Academic Senate. Notwithstanding this section, the faculty collective bargaining representative may seek to appoint faculty members to committees, task forces, or other groups. Nothing in the foregoing shall affect the right of the faculty collective bargaining agent to appoint faculty members to committees pursuant to existing or future collective bargaining agreements.
• The appointment of faculty members to serve on college committees, task forces, or other groups dealing with academic and professional matters shall be made, after consultation with the College President or his or her designee, by the College Academic Senate. Notwithstanding this section, the faculty collective bargaining representative may seek to appoint faculty members to college committees, task forces,or other groups. Nothing in the foregoing shall affect the right of the faculty collective bargaining agent to appoint faculty members to college committees pursuant to existing or future collective bargaining agreements.

The Academic Senate shall retain the right to meet with or to appear before the Board with respect to the views, recommendations, or proposals of the Academic Senate. In addition, after consultation with the administration of the college and/or District, the Academic Senate may present its views and recommendations to the Board.

Nothing in this chapter shall be construed to impinge upon the due process rights of faculty, nor to detract from any collective bargaining agreements.

• For purposes of consulting collegially with the District Academic Senate, the Board designates the Chancellor as its representative. For purposes of consulting collegially with the College Academic Senate, the Board designates the college president
• College policies for collegial consultation with College Academic Senates shall be submitted to the Board for approval. The Board reserves its right to approve, disapprove or supersede college agreements reached under those policies.

For purposes of interpretation of this chapter, the Board adopts the attached Guidelines for Implementation of Sections 53200 to 53204 of Title 5 of the Administrative Code of California. These guidelines were agreed upon by the Community College League of California and the statewide Academic Senate for California Community Colleges.

Background: Title 5 regulations call for the Board of Trustees to adopt a policy regarding the mechanism for consulting collegially with the academic senate. A group of representatives from the college academic senates and the District Academic Senate met with a group of representatives from management to consult collegially on the proposed policy, presented above.

In addition, attached to the proposed rule and incorporated by reference as part of the legislative history and intent are the Guidelines for Implementation of Section 53200-53204 of Title 5 of the Administrative Code of California ("Guidelines"). The Guidelines represent interpretations agreed upon by the Community College League of California ("CCLC") and the statewide Academic Senate for California Community Colleges ("statewide Senate"). In adopting this policy, the DistrictBoard of Trustees also intends to adopt the Guidelines by reference.

Reference: California Code of Regulations, Title 5, Article 2, Section 53200-53204