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e. Plan Component 5: Advisory Committee

i. Legal Requirements Title 5 requires each district to establish an Equal Employment Opportunity Advisory Committee to assist the district in developing and implementing the Plan. 190 It further requires that advisory committees “include a diverse membership whenever possible.” 191 However, the regulations do not direct how to compose the committee, nor how the committee must provide assistance. Interestingly, while advisory committees are charged with assisting with EEO Plan development and implementation, the regulations do not require that the Advisory Committee, itself, be addressed in the EEO Plan. Nevertheless, the Model Plan recommends that district EEO Plans describe the role of the Advisory Committee, and its manner of selection. In particular, the Model Plan suggests that district Advisory Committees should reach out to all constituency groups, to ensure broad-based support for the district’s EEO Plan, and that in establishing the committee and selecting its members, the principles of governance should be respected. 192 Please note that we refer to “shared governance” as “participatory governance” throughout this guide. ii. Implementation The Model Plan’s recommendation that districts reach out to all constituencies is well taken. An EEO Plan without broad support cannot hope to succeed. However, we also note that the lack of specificity in the regulations gives districts some flexibility in how to achieve wide representation on their Advisory Committees. Similarly, the “principles” of participatory governance can be achieved in a variety of ways. For example, districts and senates can “consult collegially” on the membership and processes of the Advisory Committee. Alternatively, districts can appoint the Advisory Committee—which in turn consults with college senates. We also caution that in developing an inclusive process, districts should not tie their own hands with respect to their legal duties. Districts will have a mandated timeline to develop EEO Plans. However, the participatory governance process is often protracted. For the reasons discussed briefly below, we advise that districts fully involve faculty and classified staff in the formation of their EEO Advisory Committees and EEO Plans. However, to the extent permitted by law as discussed below, collegial consultation on the process for EEO Plan development should not be confused with, or inadvertently provide, veto power over its content. 1. EEO Plans and Participatory Governance California’s participatory governance regulations require collegial consultation between districts and academic senates on “academic and professional matters.” 193 The regulations also define the terms “academic and professional matters” and “consult collegially.” First, the regulations implementing Education Code section 53203 define “academic and professional matters” as “policy development and implementation matters” concerning the following 11 enumerated subjects:

 Curriculum, including establishing prerequisites and placing courses within disciplines;

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