CHABOT COLLEGE ACADEMIC SENATE
Board Room, Room 200
Thursday, January 27th, 2005 ~ 2:25 p.m. to 4:31 p.m.
A P P R O V E D M I N UT E S
Senator Attendance: Applied Technology & Business (Michael Absher); Counseling (Tram Vo-Kumamoto);
Health, Physical Education, & Athletics (Dale Wagoner & JoAnn Galliano); Arts &
Humanities (Clayton Thiel); Language Arts (Fe Baran & Angie Magallon); Library
(Norman Buchwald); Science & Mathematics (Dave Fouquet); and Social Sciences
(Sherri Yeager).
Representatives:
Tonika Jones, ASCC; Alla Barbalat, ASCC VP; Dale Wagoner (Shari Jacobsen &
Dave Fouquet), CLPFA.
Guests:
Dr. Robert Carlson (College President), Dr. Ron Taylor (Vice President, Academic
Services), Ms. Melinda Matsuda (Vice President, Student Services), Kip Waldo
(Instructor, Social Science), Bill Johnson (Instructor, Arts & Humanities), and Bettie
Jelks (Student).
Presiding Officers:
President Chad Mark Glen, Vice President Michael Absher.
ITEM
1.0
GENERAL FUNCTIONS
Call to Order: President Glen called the meeting to order at 2:25 p.m.
1.2
Approval of Minutes of December 9th, 2004: The minutes of the December 9th, 2004
meeting to include the report made by Scott Hildreth was moved by Mike Absher,
seconded by Angie Magallon, and unanimously approved.
2.0
REPORTS
2.1
College President: President Carlson spoke about the facilities process, the timing
of construction projects, and the method of getting things processed through Quick
Start. He also commented that KH Consulting gave a presentation today during
College Hour on the financial status of the District and the District’s current budget
deficit. KH is seeking faculty and staff to help work on various solutions, deeper
reviews into the parts involving administrative, business, and academic services and
work on task forces. The next Facilities Committee meeting is scheduled for February
1st, 2005 and will include a review of the facilities plan. At the prior meeting, a new
look was developed and has since evolved into a better-refined plan. The goal is to
close off the issue of the basic look of the campus in order to move onto the next
phase. President Carlson encouraged faculty to attend the meetings. Mike Absher
referenced a recent and occasional problem with the temporary closure of Express
Printing. President Carlson said the issue is currently being discussed as a result of a
problem during Finals Week.
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2.2
CLPFA: Dave Fouquet reported that the CLPFA’s this spring is to finalize the issue on parttime seniority. Another issue being discussed and may affect contract negotiations is
Articles 16 and 26, Personnel Files and Academic Grievances. As a result of KH’s
presentation today on the budget situation, faculty are discussing this and the FA’s
bargaining stance will be based on calculations they do themselves and not derived from
data solely provided by KH. The FA is also looking at ensuring things are not improperly
represented. For instance, they were representing a $4 million dollar increase in the cost of
health benefits for this year, and Dave suspects that it may also include a $2 million dollar
voluntary contribution into RUMBL fund (which $2 million dollars was depleted last year).
The FA is posing these inquiry questions. In terms of health benefits, the increase cost is
big. The ideas proposed last year on HMO’s were not cost effective and only benefited
insurance companies. Dave is hoping that KH’s expertise may guide the District in seeking
options with health benefits.
2.3
Public Comments: Kip Waldo expressed his dissatisfaction with the hiring of KH
Consulting. He felt one problem with hiring consultants includes that they are not going to
bite the hands that feed them. He also felt hiring consults was a bad move. Kip hopes the
College will derive real figures. He questioned if the College was collecting interest on the
money from the Bond Measure. Kip expressed concern with the temporary closure of the
Print Shop, particularly closure during Finals Week last semester.
4.0 DISCUSSION ITEMS
4.1 Administrative Investigation Task Force: President Glen reported that because
Chet Rhoan, member of the Task Force, retired unexpectedly over the winter break
and has not been heard from, he will not be a part of the Task Force in the future,
unless he wishes to be. Glen felt strongly about not distributing the report campus wide
as Sherri Yeager had not had an opportunity to review the report and meet with the task
force. A copy of the report was made available to Sherri on the last day of Finals Week in
Fall Semester 2004. Glen felt that Sherri should have an opportunity to respond before
disseminating the report. This was done in all fairness and respect to Sherri. The task force
did not drag its feet, but carefully reviewed an array of documents. The process was not
completed in as timely a manner as the task force wanted. Glen reported that Sherri has
responded to the task force report and she has pointed out a number of inaccuracies within
the report. The task force wants to meet with Sherri immediately to discuss these
inaccuracies and see how the report can be amended, corrected, and changed, where
Sherri and the task force see eye-to-eye. Glen said that if the task force is not able to meet
with Sherri, they have offered to append all of her feedback to the report so the senators
could know Sherri’s point of view. The task force members each wrote a report. All members
liked Scott’s version of the report so they edited his report. They worked collaboratively to
ensure all views were included.
Sherri Yeager stated that from a personal point of view, getting the report Emailed to her on
the last day of finals during Fall Semester 2004, then everyone went home to their holidays,
was comparable to a hit and run accident. Yeager stated there was no one to communicate
with, and if she did send Email responses, no one Emailed her back. She got this thing
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dumped on her during the holidays without any way to communicate with any one. Sherri
expressed feeling furious with this report.
Yeager stated she has read the entire document, and has allowed a couple of people to
read it to have a reality check so that she did not feel completely crazy in her assessment of
this report. Sherri stated Kip has read the report; Carol Baumann has read the report. She
also stated that without her telling them what was in the report, Sherri got their reactions to
it. Sherri remarked that both their reactions mirror hers 100%.
Yeager stated that she feels like everything about this task force, the process that was
used, and the timing is just a mess. She stated that she would be appalled if this report
became part of the public record. Sherri remarked, “The task force, Scott, in his last
message, the last time he spoke before the Senate, said that the task force would not be
giving recommendations to the Senate for action”.
Yeager stated that this report is ten pages of personal, subjective, value judgments. It has a
number of findings. These findings take what are allegedly the facts, and decide for us all
how to interpret those facts. Sherri provided a few examples. She does not think it is
appropriate in a report that was supposed to stick to the facts to be waxing eloquent about
President Carlson’s alleged sincerity, or his alleged lack of malice. She stated that she does
not know how three or four people, some of whom she feels have their own personal
agendas for President Carlson, could possibly decide for the rest of us whether or not he
was being sincere. Fe Baran said that the implication that Chad biased the report and
swayed the task force is insulting to the task force members and was not the case.
Yeager stated that there are things like that throughout the report, which she feels like does
not have any place in the report. The report is factually inaccurate in many different places.
She stated that there are factual omissions that are incredibly important. She stated that she
knows more about some of these facts than any body else, certainly than any body on the
task force because she went through the entire grievance process, three steps of the
grievance process. Yeager stated she had to prepare reports at three different times and
frankly, she does not know why it took so long to get this report done. It does not make
sense to her, and she feels there is a reason for it; just like there is a reason why the
minutes of the Academic Senate meeting where the faculty came and talked about this
whole incident back in September when it was fresh in everybody’s’ minds why it took until
December 2004 for the Senate to get those minutes. Yeager stated that it was not an
accident. She feels it was not an accident that the Senate Secretary is the President’s
Secretary, and it took us until December to get those minutes so there is no public record of
everything the faculty said, and everything that the faculty directed the Senate to do, asked
the Senate to do. Sherri stated that this report does not do what the faculty asked the
Senate to do. She remarked that it is a cover up, a white wash, it’s sugarcoating, it’s making
value judgments, and it is insulting.
Yeager stated that she had pretty much given up on any kind of personal justice in this
whole thing a long time ago. She stated that what is really weird to her, is that while this
report was out there pending, we have continually talked about in the Senate about creating
this new policy with what Dave, Tram, and Sherri have been working with. She stated that
they have continually made progress, and have also talked specifically about things they
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want to include in this policy, and have gotten feedback from people in the Senate. Yeager
stated that the real disconnect for her that makes her completely insane about this report is
that it flies in the face about what discussions Senate has had in its meetings. She remarked
that she has not heard one voice of disagreement in the Senate when Senate has discussed
where nobody wants this kind of investigation to be taken to never happen again. She stated
that every one has said this should not have happened.
Yeager remarked that every one has said that we want to take it out of the hands of an
administrator to make these kinds of unilateral decisions. Every one has said that those
kinds of phone calls that were made to the students were ridiculous, four months later, and
so on. Yeager remarked that all the senators were sitting there and the senators have had
these discussions. Senators were privy to them. Sherri stated she has not heard one voice
of dissent in terms of the things they do not want to see happen again, and things they want
in this new policy. She remarked that this report finds Dr. Carlson “did not error in
conducting this investigation”, as stated in this report. That is the task force’s first findings,
as they call their “findings” in bold.
Yeager stated that the rationale could have been written by the District’s lawyers, whom she
remarked (verbatim, as follows), “I kid you not. Because I know, because I have written all
the reports, read all the reports that have been submitted by Dr. Carlson that were written by
his lawyers, or at least written in consultation with his lawyers, and it’s exactly the same
thing, focusing on the minutiae of language, of the policy language, which we all admit is
lacking. Okay. But that’s not what this is about. It’s about judgment. It’s about judgment! It
says, ‘appropriate investigation’. ‘Conduct investigations as appropriate’. It says that in the
policy. And this task force completely ignored that. It’s like saying people have the right to
free speech. Okay. People, we all have the right to free speech in this country, right. He had
the right to conduct investigations as appropriate. You don’t have the right to go into a
crowded movie theater and yell fire just because you have the right to free speech. You
don’t have the right to conduct any investigation, in secret, just because you have a qualified
privilege to conduct an investigation as appropriate.
So, since, it would have been much better for me if you all had been given the report like
you were supposed to be given. So you would have had the opportunity to read everything
so what I’m talking about now is not just a blank slate. So, that pisses me off. You should
have all gotten the report. This has all dragged out so long now that I don’t even know what,
what this report, what, what, what it’s going to, who’s its going to serve, and what purpose
it’s going to serve. We are already well on our way to creating a new policy, trying to get it
negotiated. And now, we are going to back track and have this spewed all over the place.
And, basically the whole thing just, you know. I can’t even tell you the factual inaccuracies.
It’s, it’s just stunning. I never in my wildest dreams did I think my own colleagues would put
out something that was such a crock. It was so beyond anything that the faculty wanted the
Senate to do. And again, I’m not the only one that had this reaction because the two people
I had read it had exactly the same reaction. I just had tea with some of my colleagues over
in the Children’s Center and gave them some direct quotes from this. I mean they are just
incredulous. Absolutely incredulous! So, I feel like at this point, you all should read the
report, but when and if the report does come out, I’m going to move that the Senate vote not
to accept the report, and we just drop this. It’s gone on too long. It went on too long for the
reason as far as I’m concerned because people’s interest fades. You know, you know what
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happens. People get busy and interest fades, and that’s exactly what happened. Now, this
report comes out there. It makes us have to revisit, makes me have to revisit this whole
thing. The Spectator’s going to be waiting to, to do their version of what happened, once
again, and in the end, what purpose is it going to serve? In some ways, it contradicts the
efforts; I feel like the great progress that we were making in terms of trying to create a new
policy. I will not participate in amending this report. This report would need to be
completely rewritten. I’m not going to waste one minute of my time. I don’t want to have
any part of this report. If anybody cared to get the facts straight, they would have talked to
me ahead of time. And, I gave the task force plenty of written information, and from that
written information, some of the facts were inaccurately printed in this report so I could go on
and on, but I’m not going to. But I’m just going to say that if this report goes off, goes out in
the fashion that it is in now, I’m going to actively get people together to work against
this. And, it’s going to be contentious, and there’s going to be animosity, but I’m not
going to allow this atrocity to go out there in the public record. I’d rather not have anything
happen. You know what I mean, just, not. I knew Carlson was never going to take any
responsibility for what he did. I knew that. I had already resigned myself to that. But to have
him, but to have it condoned, that’s another matter, but that happened. I won’t let that
happen.”
(Later in meeting)
Sherri Yeager stated, “The Senate didn’t say not to do it. It was your interpretation of the
Senate’s charge. It’s pretty much the only thing that he’s held accountable for is the fact that
he didn’t follow the part of the process that requires that he tells me after the fact that he
secretly investigated me.”
Dave Fouquet stated that the Senate needs to treat the report as it is, an informational
document for senators to review, with the understanding that it does not give the tone or
content what the Senate might have to say at an official level or as a statement or anything
that comes out of these events. Fouquet also reiterated that he can certainly see that there
will be a lot of things, not just in terms of actual points made, but perspective on point the
report makes that the senators may feel be said in ways the report does not address. It
seems that the charge of the task force may not have set out to specifically get some of the
points that need to go into the final report because we need to get from this if the Senate is
going to end up making an official statement, there are two points to consider what this
statement will be: 1) so it can be clearly be seen by all who reads the statement, how will
the work of the other two task forces was precipitated; 2) despite the issue of where the
actions of the president legal by our current process, we know they were legal; how about
those other things that go against it in terms of judgment. We have to decide what is the
proper level to respond on those points in terms of what lessons we hope to have learned,
and things we are going to try to move forward in a positive way.
Sherri Yeager stated, “That as union reps, the two of you might be interested to know that
the report actually makes the claim that the Faculty Association says that the President had
a fiduciary responsibility to conduct the investigation. I’ve let them know that it is an actual
bastardization of the Union’s position, completely taken out of context, and you know that.
So, it’s just another sneak preview. It says that the ‘Faculty Association says that the
President had a fiduciary responsibility to conduct the investigation‘. It’s a complete
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bastardization of the Faculty Association’s position, which I know way better than any body
on that task force.” President Glen stated that during one of the interviews when the task
force was interviewing President Carlson, he made that claim; the quote of what Sherri just
gave. Glen stated that he checked with Charlotte Lofft to see if 1) that statement was
accurate, 2) if we could use that as if it was said by the Union. Glen reported that Charlotte
said it was accurate, two, she said yes, we can use it, and Glen was not quite sure how it
was out of context.
In response, Sherri Yeager stated that she spoke with Charlotte two days ago and disputed
what Glen said. Glen said he would print the Email from Charlotte confirming that statement.
Yeager replied, “Whatever Charlotte said, it was taken out of context, and it is just not true.”
Glen said, in response, “If so, it was definitely unintentional.” Yeager felt this should not
have been a part of the report. Tram Vo-Kumamoto expressed her feelings of being at a
loss and hurt, expressed a need to stop the conversation. She apologized for not being able
to contribute to the dialog because of hurt feelings. Clayton Thiel made a motion to stop the
current conversation of the report on the grounds that the Senate cannot do anything else.
Michael Absher seconded the motion. Glen stated that the Senate will get the report
because they’ve indicated that the report be provided to all senators. Glen stated that he
would distribute a copy of the report where Sherri Yeager has marked it up. He did not
understand that Sherri wanted the marked up copy distributed to Senate, otherwise, he
would have talked to them about that. Glen stated that he was not ignoring the Senate’s
request, and apologized for not providing a copy upon request. Glen reiterated that the
Senate agreed this report would not be copied when distributed, and it will stay with the
senators. He stated the report would be discussed at the next Senate meeting after senators
have had an opportunity to read it and formulate their thoughts, questions, and opinions.
Glen also stated that the hold up in distributing it was not to delay or be subversive, but,
believe it or not, was out of respect for Sherri’s feelings and wanting her input. It ended up
being the wrong decision in regard to that. In response to an inquiry about distributing and
sharing the report with the division, Glen replied that in light of Sherri’s feelings, the report
should not be shared with non-senators.
In response to the report, Bill Johnson felt that since the “cat is out of the bag, there are a
half dozen people who have read the report. He believes that back-alley, innuendo and
sharing tid-bits does nothing but further rob the confidence and trust that has been lost
during this procedure. Johnson expressed his disappointment with the report not being
available. He expressed his sorrow for a division between the task force findings and
Sherri’s reaction to those, but that is going to have to be dealt with. In his journalistic point of
view; he felt it would be germane to share the report as it allows an opportunity to clear the
air. The sooner the report is shared, the faster trust can be rebuilt with faculty. Yeager
stated that the report was dumped on her the last day of finals week so she figured she
could share the report with whomever she felt like sharing it with. She stated that the report
was not sent to her as confidential and did not say confidential. Yeager remarked to Glen,
“Don’t give me this confidential crap. I think we should send it to every body. I think it should
be made public, and I think my comments in response should be made public. I agree with
what Bill is saying. It is true that the cat is out of the bag. This has been going on for a really
long time and I’m totally sick of it. I’m sick of this place. I don’t want to be on the Senate
anymore. I don’t want to talk about this any more. This is just ridiculous, this whole thing. It
shouldn’t be this difficult.” Michael Absher stated, “Sherri, the reason I thought it should not
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be passed around is because of your statement. You said you wanted it dropped. If you
want it dropped, why should it be plastered to every body else? You have to understand that
as senators, we are sitting here hearing ‘Give us the report, let us look at it, then we will talk
about it.’ Then the other side of it is you said ‘I’m sick of it. I don’t agree with it.’ I understand
all of the things you’ve said. And, so I’ve felt it was trying to meet some of your needs by
saying no, I’m not going to share it with any body else until we’ve had a chance to discuss
it.”
Yeager replied, ”I see what you’re saying, but I’ve just listened to Bill and it’s sort of like, you
know...” Absher responded, “That doesn’t mean you make a problem worse by making it
worse. Sometimes you just have to say it was a problem and this is the best way to move
forward. So what is the best way to move forward?” Yeager replied, “I don’t think it should
be called an official report of the Senate. It’s this report to the people who are not even here
to answer for themselves. One of them is retired, and one of them has not responded to me
or any body else about the report. I mean, that is part of the story, too, as far as I’m
concerned. Now, there is two people left to defend this report.” Glen said there is one
person who has retired who is not able to contribute. With everything you’ve said that is in
the report, Chet agreed to and signed off on it. Yeager replied, “Again, that’s what you say.
Chet has reported at our division meeting a very different version of that. Whatever he
signed of and whatever he said to you, let’s put this diplomatically. Chet was having a lot of
health problems, and a lot of problems in general. And then he retired. So, let’s just say I’m
not exactly sure what the story is. But he reported on a regular basis in our division
meetings that he dissented with a lot of what was going on. He dissented with the decision
not to conduct a broader investigation and look at some of the other stories that people were
talking about in terms of abusive authority in a report of that to our division meeting. And, he
told me that in the hallway. So again, I think we should stop talking about what somebody
did or didn’t say or whatever as they are not here to confirm that. The person is retired.” Fe
Baran replied, “He did not say take my name off this report. He was there to the very last
day when we sent you to the report.”
Glen reminded the Senate of Tram’s motion to cease discussion on the subject. Clayton
Thiel said that the Senate needs to read the report and it is not a confidential report. He
cannot propose something that’s already happened. Clayton made a motion that the Senate
read the report, the current unofficial document, return to the next meeting, and determine at
that time what action can be taken to move forward. Glen stated that he does not have a
large enough Senate budget to make enough copies of a 13-page report, plus 5 or 6 pages
of Sherri’s marked-up comments, to distribute to the entire college. Therefore, do we say,
here is the report, Senators, feel free to copy it and discuss it with whom you will? Glen does
not want to be told that he did not distribute it or is keeping it a secret, but the budget does
not allow for a distribution campus wide. He will leave it to the senators for distribution at
their choosing. It was recommended that the document be Emailed campus wide, with a
copy of Sherri’s comments be distributed to each division. Glen responded, “Yes, but
Sherri’s comments are written on the report. She’s asterisked and lettered her comments.
He will defer to Sherri on the distribution.” Yeager stated, “I asked you to make copies for
the other members of the task force and for the Senate, as indicated in the note I attached.”
Sherri’s last comment was, “I am not wanting to do anything with this. I just want to leave,
which I think I’m going to. And, you all can just decide whatever the hell you want to do with
it. I’ve had it with this whole thing. I’ve had it.” Dave Fouquet stated that the Senate should
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ideally, and I expect that Sherri would give a copy to who ever she wishes to. Fouquet felt
the Senate should leave it at that. Glen said that he understands what Sherri said in
response to Michael Absher was yes; distribute the report & her response. But he also hears
Dave say that let’s not have the Senate distribute it in mass so it is not coming from the
Senate. (SHERRI LEFT THE MEETING.)
On behalf of the task force, President Glen expressed concern for how Sherri feels. It was
not the intent of the four task force members to railroad or betray Sherri, or serve the
administration. The task force was representing faculty and at no point did any member try
to circumvent or persuade the others to something different than is on the written page. It is
something that all task force members agreed to and not under duress. Dave Fouquet
spoke about the perspective of the task force members. He spoke about the power of the
College President and how different it feels when one places themselves in the role of the
president.
3.0
ACTION ITEMS
No action items.
4.0
DISCUSSION ITEMS
4.1
Curriculum G.E. Proposals Being Made on 2/1 and 2/8: Dr. Taylor spoke about the
proposals that are going for review to the Curriculum Committee. The proposals are due
January 31st.
4.2 Revised Program Change Process Resolution: President Glen distributed a
revised copy of the resolution. The resolution was discussed at College Council with
little change made to it. Glen asked for senator input. No changes were made. A motion
to accept the revised Program Change Process Resolution was made by Michael Absher,
seconded by Clayton Thiel, and passed unanimously.
Michael Absher requested Academic Senate to send a memo to Academic Services
requesting an updated list of full-time faculty. This would help ensure a corrected Senate
roster and representation is configured appropriately.
4.3
Strategic Cost Management/KH Consulting: No report given.
4.4
Student Grievance Policy Task Force Update: Dave Fouquet spoke about a recent
conversation with Robert Bezemek, CLPFA attorney, and taping of student grievance
hearings. Nancy Cowan stated these are confidential matters and information cannot be
released or taped.
4.5
Administration Investigation Task Force Update: Moved to Discussion 4.1.
5.0
REPORTS II
5.1
ASCC REPORT: Tonika Jones
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5.2
January 27 th, 2005
Senate Committees: No reports given.
5.3 Senate President’s Report: No reports given.
5.4 Senators: No reports given.
6.0
GOOD OF THE ORDER
6.1
Future Agenda Items
6.2
Adjournment. Next Meeting: Regular Meeting, Thursday, February 10th at 2:15 p.m.,
Board Room.
6.3
Spring Meetings: 2nd & 4th Thursday, 2:15 to 4:15 p.m., unless designated “special”.
Regular Meetings: February 10th; March 17th & 31st special meeting; April 14th & 20th,
Senate Recognition Ceremony; April 28th; May 12th; & 26th.
Special Meetings: February 24th, Joint Curriculum Senate Meeting (Las Positas College
invited); March 31st.
The meeting was adjourned at 4:31 p.m.
kls
2/5/05
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