Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

The development of EEO Plans (or the formation of their Advisory Committees) does not fit neatly into any of the 10 specified areas; nor is there case law or commentary that indicates EEO Plans fall within any of these 10 areas. 205 Therefore, we conclude that EEO Planning is best categorized under the “catch-all” category.

Second, regulations define “consult collegially” as permitting consultation through one of two methods:

1) Relying primarily on the advice of the academic senate; or

2) The obligation to reach mutual agreement. 206

The regulations do not dictate which form of collegial consultation districts should utilize, but rather leave that determination to the discretion of individual districts.

Here, while robust participation should be encouraged regarding content, there must be a point after which the drafters may be directed to submit a proposed EEO Plan to the Board of Trustees for approval. We make this suggestion not to discourage an inclusive process, but to offer districts a way to meet their legal duties in the face of a stalemate. Therefore, districts whose participatory governance process requires “mutual agreement” with their academic senates should consider ways to define the topic for collegial consultation to permit the district to move forward in the event of a stalemate. For example, districts (under the catch-all category) could agree to collegially consult on Advisory Committee selection and process, but not content. We realize that many districts have already charted their course as to how they will work with their senates on EEO Plan and Advisory Committee development. However, we have included this discussion both for districts that have not started down this road, and those that are struggling with the course chosen. Districts that want to revisit how they are working with various constituencies to develop their Advisory Committees and EEO Plans should consult with legal counsel. Code also provides academic senates with certain rights and responsibilities concerning procedures for faculty hiring. The Education Code states: “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.” 207 This provision has been construed by the California Court of Appeal to require agreement with the academic senate before any policies concerning faculty hiring can be modified. 208 In Irvine Valley College Academic Senate v. South Orange Community College District , 209 the Academic Senate brought a writ of mandate against the South Orange County Community College District in an attempt to stop the district’s implementation of new faculty hiring procedures that had not been “agreed upon jointly” with the senate as required by Education 2. EEO Plans and Faculty Agreement on Hiring Procedures Separate and apart from the participatory governance obligations discussed above, the Education

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