REDWOODS COMMUNITY COLLEGE DISTRICT College Council 3:00 p.m. - Board Room - Monday, November 7, 2011 AGENDA 1. Minutes Dated October 24, 2011 (Page 3) UNFINISHED BUSINESS 2. BP/AP 3430 ‘Prohibition of Harassment’ (Page 7) a. Extension of 90 day constituent review 3. AP 3435 ‘Discrimination and Harassment Investigations’ (Page 19) a. Extension of 90 day constituent review 4. BP/AP 7310 ‘Nepotism’ (Page 31) a. End of 60 day constituent review 5. AP 4023 ‘Definition of a Credit Hour’ (Page 35) a. End of 6 month interim status – Ratify, Revise, or Reject 6. AP 2411 ‘Interim Policies’ (Page 37) a. End of 6 month interim status – Ratify, Revise, or Reject 7. AP 2511 ‘College Council’ (Page 39) a. Address Trustee Feedback NEW BUSINESS 8. AP 5530 ‘Student Complaints Other Than Academic Complaints or Unlawful Discrimination’ (Page 43) a. First Review 9. BP 2431 ‘President/Superintendent Selection’ (Page 59) a. Discuss Screening Committee Membership 10. AP 7217 ‘Faculty Prioritization Process’ (Page 61) a. First Review Number Misc Misc Misc AP3410 Misc AP2435 AP 4024 AP 4103 Tracking Title Status Policy and Procedure Revision Inventory Doug to draft comprehensive inventory Section 508 : Access to Info and Data Mark Winter to investigate issue and report to Council College Council and the Brown Act Council to evaluate pros and cons of adoption of tenants Nondiscrimination Council request review of best practices Grant Funded Faculty Conversion Process Dave seeking best practices. Rox seeking legal Evaluation of PZ/Superintendent Tabled pending BOT discussion Instructional Exigency Plan Constituent Review ends 11/21/2011 Work Experience Constituent Review Ends 11/21/2011 College Council 11/07/11 Page 2 Page 3 College Council 11/07/11 REDWOODS COMMUNITY COLLEGE DISTRICT Minutes of the College Council 7351 Tompkins Hill Road, Eureka, CA, Board Room Monday, October 24, 2011 MEMBERS PRESENT Mark Winter, Mike Richards, John Johnston, Isaac Cameron (ASCR), Ron McQueen, Marcia Williams (phone), Mark Renner (phone), Utpal Goswami, Keith Snow-Flamer, Roxanne Metz, Ahn Fielding MEMBERS ABSENT Kasey Merton (ASCR), Jose Ramirez, Lee Lindsey, KT Rep CALL TO ORDER Utpal Goswami called the meeting to order at 3:00 p.m. MINUTES The minutes of 10/10/2011 were approved as presented. EXIT REPORT DEBRIEF Mark Winter complemented the Council on receiving recognition from the visiting team as being a District strength. UNFINISHED BUSINESS AP 4103 WORK EXPERIENCE Action postponed till November 21 Council meeting. BP/AP 5210 COMMUNICABLE DISEASES Support staff noted that the constituency review period for BP and AP 5210 ended October 24, 2011 and that no constituent feedback had been submitted to the President’s Office. The Council debated diction. A motion was made, seconded and passed unanimously to approve as presented BP and AP 5210. BP/ AP 3050 INSTITUTIONAL CODE OF ETHICS A motion was made and seconded to distribute BP and AP 3050 to constituents for a 30 day review. The Council discussed the reference to students in AP 3050 and whether the inclusion of students was appropriate; “Similarly, students are expected to abide by ethical behavior and decision-making in their treatment of college employees, other students, and members of the public.” Utpal noted that during his research he discovered most other institutions’ codes of ethics include similar language. The Council discussed the wording regarding violations and disciplinary action…specifically, whether the procedure should state that disciplinary action may be taken as a result of a violation of the code of ethics, or that disciplinary action may be taken as a result of a violation of District policies and procedures, and/or state and federal laws and regulations. The CRFO’s Council representative John Johnston noted that if the procedure were to define criteria by which disciplinary action could be enacted, the CRFO would be legally obligated to negotiate the terms of the Code of Conduct. Utpal College Council 11/07/11 Page 4 Minutes-College Council Page 2 of 4 October 24, 2011 responded that the Code of Ethics would not establish a legal basis for disciplinary action outside of District policies and procedures, bargaining agreements, and/or state and federal laws and regulations The following revisions were incorporated: 1. BP 3050, paragraph two, sentence two: “The institutional code of ethics shall be reviewed annually and published in consultation with faculty members, classified staff members and managers, administrators, students, and the Board of Trustees.” 2. AP 3050, ‘Expectations’ section, paragraph 3: “Similarly, students are expected to abide by ethical behavior and decision-making in their treatment of college employees, other students, and members of the public, as noted in the ‘Student Code of Conduct.’ ” 3. AP 3050, ‘Violations’ section: “Although the Institutional Code of Ethics can only be a guideline, violation of its tenets will likely may result in a violation of District policies and procedures, and/or state and federal laws and regulations. As such In such cases, any employee who violates the Institutional Code of Ethics may be subject to disciplinary action by the District as described in other District policies and collective bargaining agreements.” The motion to distribute as revised BP and AP 3050 for a 30 day constituent review passed unanimously. AP 5020 NONRESIDENT TUITION Cheryl Tucker of the Policy and Procedure Review Subcommittee reported that revisions to AP 5020 would update the existing four digit AP 5020, last updated in 2007. Cheryl noted that the changes involved updates to the fee exemptions for military personnel and foreign students. The following change was incorporated: 1. Under ‘Fee Exemptions,’ paragraph two, sentence three: “If approved, the waiver will be available valid for one academic year only. A motion was made, seconded and passed unanimously to distribute as revised AP 5020 for a 30 day constituent review. AP 5055 ENROLLMENT PRIORITIES A motion was made and seconded to distribute AP 5055 for a 30 day constituency review period. Cheryl noted that changes included prioritization for foster youth and other changes recommended by the Enrollment Management Committee. The Council discussed prioritization for new students who are ‘fully matriculated’ and noted that the Enrollment Management Committee suggested that matriculated new students have some prioritization, although Datatel, as currently programmed, could not prioritize registration based on College Council 11/07/11 Page 5 Minutes-College Council Page 3 of 4 October 24, 2011 matriculation status. Utpal noted that state-wide discussions were occurring regarding enrollment prioritization and student success. The following change was incorporated: 1. Under prioritization item three: “New (includes transfer students) and returning students.” The motion to distribute as revised AP 5055 for a 30 day constituent review was passed unanimously. AP 5070 ATTENDANCE The Council reviewed draft AP 5070. The Council discussed how the draft policy may or may not affect attendance past census date and instructors’ ability to take action (past census date) in response to attendance issues. Utpal noted that research would be conducted investigating the limitations of what can be done regarding attendance enforcement. John Johnston suggested that if legal, CR should adopt an attendance policy that will provide instructors more leverage to protect the classroom. The Council noted that the attendance policy outlined in the catalogue was vague and that writing an attendance policy to cover DE courses provided an additional challenge. The Council also discussed the pending changes regarding repeatability. Keith reported that he would investigate whether the 2.0 should outline ‘The number of days of instruction and evaluation in each academic year…’ versus ‘The number of days in each academic year shall be 175 days.’ The Council concluded that AP 5070 described an attendance reporting policy, not an attendance policy. On those grounds, a motion was made, seconded and passed unanimously to distribute AP 5070 for a 30 day constituent review. AP 5075 CREDIT COURSE ADDS AND DROPS The Council reviewed the draft AP 5075. The Council noted that the draft AP would allow students to add courses up until the census date. The following change was incorporated: 1. Under ‘Withdrawals’ paragraph two: ‘While an instructor may drop a student for excessive absences up to census, it is the student’s responsibility to officially withdraw from a class. Instructor approval is not required for withdrawal from classes.’ The Council discussed how students’ non-attendance affects financial aid and the revenue/debt of the District and suggested that Lynn Thiesen review the draft procedure prior to its passage. A motion was made, seconded and passed unanimously to distribute as revised AP 5075 for a 30 day constituency review period. College Council 11/07/11 Page 6 Minutes-College Council Page 4 of 4 October 24, 2011 AP 5610 VOTER REGISTRATION The Council reviewed draft AP 5610. A motion was made, seconded and passed unanimously to distribute as presented AP 5610 for a 30 day constituent review period. BP/AP 5700 ATHLETICS The Council reviewed draft BP and AP 5700. The Council discussed whether the language regarding drug testing could be addressed in the BP, therefore eliminating the need for the AP. A motion was made, seconded and passed unanimously to distribute BP and AP 5700 for a 30 day constituent review period. ADJOURN DE Utpal Goswami adjourned the meeting at 4:30 p.m. College Council 11/07/11 Page 7 90 day constituent review ends 11/07/11 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Prohibition of Harassment - BP This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Sr. Administrator Review (Name, date, comments) Utpal Goswami, 4170 Administrators/Managers Meeting New BP 3430 None Utpal Goswami, Michael Regan, Paul DeMark, Sue Alton Govt 12950.1 EC 212.5 44100 66252 66281.5 Utpal Goswami – 7/19/11 Date submitted to PPRS Comments: This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Format cleared (i.e. titles, font, style) Content reviewed with CCLC format Legal concerns Date returned to originator Date submitted to College Council Comments: College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 7/19/11 08/01/11 90 day constituent review ends Nov 7, 2011 College Council 11/07/11 Page 8 90 day constituent review ends 11/07/11 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 3430 PROHIBITION OF HARASSMENT All forms of harassment are contrary to basic standards of conduct between individuals and are prohibited by state and federal law, as well as this policy, and will not be tolerated. The District is committed to providing an academic and work environment that respects the dignity of individuals and groups. The District shall be free of sexual harassment and all forms of sexual intimidation and exploitation. It shall also be free of other unlawful harassment, including that which is based on any of the following statuses: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, or because he or she is perceived to have one or more of the foregoing characteristics. The District seeks to foster an environment in which all employees and students feel free to report incidents of harassment without fear of retaliation or reprisal. Therefore, the District also strictly prohibits retaliation against any individual for filing a complaint of harassment or for participating in a harassment investigation. Such conduct is illegal and constitutes a violation of this policy. All allegations of retaliation will be swiftly and thoroughly investigated. If the District determines that retaliation has occurred, it will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including termination or expulsion. Any student or employee who believes that he or she has been harassed or retaliated against in violation of this policy should immediately report such incidents by following the procedures described in the Discrimination and Harassment Investigations Procedure (Procedures for Complaints of Unlawful Discrimination). Supervisors are mandated to report all incidents of harassment and retaliation that come to their attention. This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity. In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities, and compensation. To this end, the President/Superintendent shall ensure that the institution undertakes education and training activities to counter discrimination and to prevent, minimize, and/or eliminate any hostile environment that impairs access to equal education opportunity or impacts the terms and conditions of employment. The President/Superintendent shall establish procedures that define harassment on campus. The President/Superintendent shall further establish procedures for employees, students, and other Page 9 College Council 11/07/11 90 day constituent review ends 11/07/11 members of the campus community that provide for the investigation and resolution of complaints regarding harassment and discrimination and procedures for students to resolve complaints of harassment and discrimination. All participants are protected from retaliatory acts by the District, its employees, students, and agents. This policy and related written procedures shall be widely published and publicized to administrators, faculty, staff, and students, particularly when they are new to the institution. They shall be available for students and employees in all administrative offices. Employees who violate the policy and procedures may be subject to disciplinary action up to and including termination. Students who violate this policy and related procedures may be subject to disciplinary measures up to and including expulsion. References: Education Code Sections 212.5, 44100, 66252, and 66281.5; Government Code Section 12950.1; Title VII of the Civil Rights Act of 1964; 42 U.S.C.A. Section 2000e See Administrative Procedure AP 3430 Adopted by Board of Trustees: College Council 11/07/11 Page 10 College Council 11/07/11 Page 11 90 day constituent review ends 11/07/11 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Prohibition of Harassment - AP This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Utpal Goswami, 4170 Administrators/Managers Meeting Revision-conversion AP 3430 AR 809.02; BP 343/440 Utpal Goswami, Michael Regan, Paul DeMark, Sue Alton Govt 12950.1 EC 212.5 44100 66252 66281.5 Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Sr. Administrator Review (Name, date, and comments) Utpal Goswami – 7/19/11 Date submitted to PPRS Comments: Under Consensual Relationships, local language was developed rather than following CCLC format. No reference found in EC re consensual relationships. This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Format cleared (i.e. titles, font, style) Content reviewed with CCLC format Legal concerns Date returned to originator Date submitted to College Council Comments: College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 08-01-11 90 day constituent review ends 11-07-11 7/19/11 1 College Council 11/07/11 Page 12 90 day constituent review ends 11/07/11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3430 PROHIBITION OF HARASSMENT The District is committed to providing an academic and work environment free of unlawful harassment. This procedure defines sexual harassment and other forms of harassment on campus, and sets forth a procedure for the investigation and resolution of complaints of harassment by or against any staff or faculty member or student within the District. Any student or employee who believes that he or she has been harassed or retaliated against in violation of this policy should immediately report such incidents by following the procedures described in the Discrimination and Harassment Investigations Procedure (Procedures for Complaints of Unlawful Discrimination). Supervisors are mandated to report all incidents of harassment and retaliation that come to their attention. Definitions General Harassment: Harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, or the perception that a person has one or more of these characteristics is illegal and violates District policy. Gender-based harassment does not necessarily involve conduct that is sexual. Any hostile or offensive conduct based on gender can constitute prohibited harassment. For example, repeated derisive comments about a person’s competency to do the job, when based on that person’s gender, could constitute gender-based harassment. Harassment comes in many forms, including but not limited to the following conduct: Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on a person’s race gender, sexual orientation, or other protected status. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status, or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats, or intimidation; or sexist, patronizing, or ridiculing statements that convey derogatory attitudes based on gender, race nationality, sexual orientation, or other protected status. Physical: Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling, or sexual gestures. It also includes any physical assault or intimidation directed at an individual due to that person’s gender, race, national origin, sexual orientation, or other protected status. Visual or Written: The display or circulation of visual or written material that degrades an individual or group based on gender, race, nationality, sexual orientation, or other protected 2 College Council 11/07/11 Page 13 90 day constituent review ends 11/07/11 status. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics, or electronic media transmissions. Environmental: A hostile academic or work environment exists where it is permeated by sexual innuendo; insults or abusive comments directed at an individual or group based on gender, race, nationality, sexual orientation, or other protected status; or gratuitous comments regarding gender, race, sexual orientation, or other protected status that are not relevant to the subject matter of the class or activities on the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements in the classroom or work environment. It can also be created by an unwarranted focus on, or stereotyping of, particular racial or ethnic groups, sexual orientations, genders, or other protected statuses. An environment may also be hostile toward anyone who merely witnesses unlawful harassment in his or her immediate surroundings, although the conduct is directed at others. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's learning or work. Sexual Harassment: In addition to the above, sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when: submission to the conduct is made a term or condition of an individual's employment, academic status, or progress; submission to, or rejection of, the conduct by the individual is used as a basis of employment or academic decisions affecting the individual; the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment; or submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the community college. This definition encompasses two kinds of sexual harassment: "Quid pro quo" sexual harassment occurs when a person in a position of authority makes educational or employment benefits conditional upon an individual's willingness to engage in or tolerate unwanted sexual conduct. "Hostile environment" sexual harassment occurs when unwelcome conduct based on a person’s gender is sufficiently severe or pervasive so as to alter the conditions of an individual's learning or work environment, unreasonably interfere with an individual's academic or work performance, or create an intimidating, hostile, or abusive learning or work environment. The victim must subjectively perceive the environment as hostile, and the harassment must be such that a reasonable person of the same gender would perceive the environment as hostile. 3 College Council 11/07/11 Page 14 90 day constituent review ends 11/07/11 Sexually harassing conduct can occur between people of the same or different genders. The standard for determining whether conduct constitutes sexual harassment is whether a reasonable person of the same gender as the victim would perceive the conduct as harassment based on sex. Examples: Harassment includes, but is not limited to the following misconduct: Verbal: Inappropriate or offensive remarks, slurs, jokes, or innuendoes based on a person’s protected status, including but not limited to sex. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status, or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats, or intimidation of a sexual nature; or sexist, patronizing, or ridiculing statements that convey derogatory attitudes about a particular gender. Physical: Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling, or sexual gestures. Visual or Written: The display or circulation of offensive sexually oriented or other discriminatory visual or written material. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics, or electronic media transmissions. Environmental: An academic or work environment that is permeated with racially or sexually-oriented talk, innuendo, insults, or abuse not relevant to the subject matter of the class or activities on the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements in the classroom or work environment. An environment may be hostile if unwelcome sexual behavior or other harassing behavior based on a protected status is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's learning or work. Consensual Relationships Romantic or sexual relations between supervisors and employees are prohibited. Romantic or sexual relations between administrators, faculty, or staff members and students enrolled in a faculty member’s class or otherwise subject to the employee’s evaluation or supervision are prohibited. Class enrollment of spouses, domestic partners, or other persons in pre-existing romantic or sexual relations with the faculty member may be authorized by the Division Dean, provided it is understood that the Dean shall have the right to review the student’s work and grade upon request and in the case of other employees, by the President. No one, acting in good faith, who initiates a complaint or reports an incident, will be subject to retaliation or harassment. Academic Freedom 4 College Council 11/07/11 Page 15 90 day constituent review ends 11/07/11 To the extent the harassment policies and procedures are in conflict with the District’s policy on academic freedom, the harassment policies and procedures shall prevail. If the faculty member wishes to use sexually explicit materials in the classroom as a teaching technique, the faculty member must review that use with an administrator to determine whether or not this violates the sexual harassment policy. Approved: Former Administrative Regulation #809.02, “Sexual Harassment,” Approved by the Board: 2/85; Revised on 3/15/87/ 5/6/91/ 2/4/03 Former Board of Trustees Policy #343/440, “Consensual Relationships,” Approved by the Board of Trustees: March 7, 1994 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 809 Administrative Regulation No. 809.02 SEXUAL HARASSMENT It is the policy of the College of the Redwoods to provide a workplace and educational environment free from sexual harassment and other prohibited discrimination. While on the campus, college employees and students are expected to adhere to a standard of conduct that is respectful and courteous to fellow employees and students and to the public. Sexual harassment is a form of discrimination and is a violation of both State and Federal Laws (Title VII of the Civil Rights Act of 1964, Title IX, California Education Code, and Title 5). A violation of these laws could result in an unpleasant educational or work environment, reduced employee or student productivity or morale, embarrassment, adverse publicity, disciplinary action against a student, or staff member, and civil or criminal liability and legal action. 1. Definition Sexual harassment is defined in California Education Code 212.5 as "unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, made by someone from or in the work or educational setting. . ." Sexual harassment occurs when: (a) Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, or progress. (b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual. 5 College Council 11/07/11 Page 16 90 day constituent review ends 11/07/11 (c) The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment. (d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. 2. Examples Harassment and other discrimination on the basis of sex can be written, verbal, physical, or visual. The following behavior can be considered sexual harassment. General Comments, jokes, illustrations, text materials, handouts with sexual bias or overtones; derogatory or demeaning remarks, slurs, epithets; off-color comments, body language, leering, gestures, facial expressions, eye messages; comments about size, figure, clothing, when the comments carry sexual implications; assault, touching, impeding or blocking movements, leaning over, hand on shoulder/ back/hip, encircling; invasion of space (standing or approaching too close); display of sexually suggestive objects or pictures, cartoons, posters, calendars; suggestive or obscene letters, notes, and invitations are all examples of sexual harassment. ALL JOKES, ILLUSTRATIONS, COMMENTS, BODY LANGUAGE, ETC. SHOULD DISPLAY COURTESY AND RESPECT FOR ALL PERSONS. Employment: Threats of reprisal; implying or actually withholding support for appointments, promotion or transfer; punitive actions; change of assignments; or suggesting that a poor performance report will be prepared if requests for sexual favors are not met. Promises of promotion, salary increases, etc. Academic: Promises or threats regarding grades, course admission, recommendations; enhancement or limitation of student benefits or services (i.e. scholarships, financial aid, work study job). Section 230 of California Education Code makes it unlawful to exclude a person or persons from participation in, to deny the benefits of, or to subject a person to harassment or other sex discrimination in any academic, extracurricular, research, occupational training, or other program or activity. 3. District Procedures The District will take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees and students of their right to raise the issue of harassment, and developing methods to increase student and staff knowledge and understanding about sexual 6 College Council 11/07/11 Page 17 90 day constituent review ends 11/07/11 harassment and to sensitize all concerned. Sexual harassment by students or employees will not be tolerated; and if it occurs, will be subject to appropriate disciplinary action. 4. Student/Employee Responsibility If a student, employee, or applicant believes that he/she is being or has been harassed, that person should immediately inform the harasser that his/her behavior is unwelcome, offensive, in poor taste, unprofessional, or highly inappropriate. If the employee/student feels uncomfortable or has difficulty expressing disapproval, or the harassment does not stop, assistance should be sought from a supervisor, an instructor, the Human Resources Director/EEO, or other college administrator. Information about informal and formal student or employee grievance procedures for complaints of unlawful discrimination (including sexual harassment) may be obtained from the Human Resources Office. Approved: February 1985 Revised: 3/15/87, 5/6/91, 2/4/03 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 343/440 CONSENSUAL RELATIONSHIPS Professional and ethical conduct are expected of all academic employees. When disparities in power are present between two individuals, such as an instructor and a student, the extent to which mutuality of consent to a personal relationship is voluntary may be questioned. Because amorous relationships may undermine the real or perceived integrity of the supervision and evaluation provided and the trust inherent in the College's relationship with the student, 1. amorous relationships between a faculty member, administrator or other employee, and a student enrolled in his or her class, or otherwise subject to his or her evaluation or supervision, shall constitute unapproved conduct which may be determined to be unprofessional conduct. Class enrollment of spouses or other persons in pre-existing amorous relationships with the faculty member may be authorized by the Division Dean, provided it is understood that the Dean shall have the right to review the student's work and grade upon request and in the case of other employees, by the President, under the provisions of Board policy 332/424, "Employment of Relatives." 2. Faculty are directed by this policy to avoid participating in amorous relationships with students enrolled in their classes or subject to their evaluation or supervision. 3. Faculty are advised to consider potential conflicts resulting from amorous relationships with students enrolled in and working within the same academic discipline. Members of the college community who believe themselves to be affected adversely by violation of this policy may initiate a complaint in the following manner: 7 College Council 11/07/11 Page 18 90 day constituent review ends 11/07/11 Faculty 1. The complaint shall be initiated with the Vice President of Academic Affairs or Campus Dean. 2. The Administrator receiving the complaint shall request an investigation by the Academic Senate Professional Relations Committee, which will interview the persons involved. 3. If the Academic Senate Executive Committee finds the need for further review, this committee will interview the persons involved and respectively submit its findings and resolutions to the President, who shall report the matter to the Board for information or final action. Administrator or Other 1. The complaint shall be initiated with the Director of Human Resources, who shall investigate and interview the persons involved. 2. The findings and recommendations shall be forwarded to the President, who shall report the matter to the Board for information or final action. Adopted by Board of Trustees: March 7, 1994 8 College Council 11/07/11 Page 19 Constituuent Review Ends 11/07//2011 REDWO OODS COMM MUNITY CO OLLEGE DIISTRICT Administtrative Procedure DRAFT AP 3435 CRIMINATIION AND HARASSME H ENT INVES STIGATON NS DISC Introducction and Sccope These aree the written n policies and d proceduress for filing aand processinng complainnts of unlawfful discrimin nation and haarassment att Redwoods Communityy College District. Thesee policies andd procedurres incorporaate the legal principles co ontained in nnondiscriminnation provisions of the Californiia Code of Regulations, R Title T 5, sectiions 59300 eet seq. as weell as other sttate and fedeeral substantiive and proceedural requirrements. Access to o the District Board Poliicies and Ad dministrativee Procedures on nondiscrrimination annd unlawfull discrimination are prov vided on the District’s weebsite at the following U URLs: htttp://www.reedwoods.edu u/district/boaard/New/inddex.asp htttp://www.reedwoods.edu u/humanreso ources/nondiiscr.asp owing policiees and proceedures will be b supplied too a complainnant upon reequest to the The follo Human Resources R Office. They include the following B Board Policiees: BP B 3410 Non ndiscriminatiion BP B 3420 Equ ual Employm ment Opportu unity BP B 3430 Proh hibition of Harassment H The follo owing policiees and proceedures will be b supplied too a complainnant upon reequest to the Human Resources R Office. They include the following A Administratiive Procedu ures: AP A 3410 Non ndiscriminatiion AP A 3420 Equ ual Employm ment Opportu unity AP A 3430 Proh hibition of Harassment H AP A 3435 Disccrimination and a Harassm ment Investiggations plaint procedure, AP 3435, may be accessed a on the District’’s website att the followinng The comp URL: htttp://www.reedwoods.edu u/District/Bo oard/New/Chhapter3/indeex.asp Referencce: Educatio on Code, Secction 66281.5 5; Governmeent Code, Seection 129500.1; Title 5, Sections 59320, 5932 24, 59326, 59328, and 59300 et seq.; 34 C.F.R., Section 1066.8(b). Definitio ons Many terrms in the co omplaint pro ocedures hav ve specific m meaning to thhis complaintt procedure. Appendix x “A” contaiins a list of definitions d which w are esssential to thiis procedure.. Filing a Timely Com mplaint College Council 11/07/11 Page 20 Constituent Review Ends 11/07/2011 Since failure to report harassment and discrimination impedes the District’s ability to stop the behavior, the District strongly encourages employees and students who believe they are being harassed or discriminated against, to file a complaint. The District also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the District’s ability to investigate and remediate. All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination; the existence of a hostile, offensive or intimidating work environment, and acts of retaliation. Communicating that the Conduct is Unwelcome The District further encourages students and staff to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste, and/or inappropriate. Oversight of Complaint Procedure The Director of Human Resources/EEO Officer is the “responsible District officer” charged with receiving complaints of discrimination or harassment, and coordinating their investigation. The actual investigation of complaints may be assigned by the Director of Human Resources/EEO Officer and/or the President/Superintendent to other staff or to outside persons or organizations under contract with the District. This shall occur whenever the Director of Human Resources/EEO Officer is named in the complaint or implicated by the allegations in the complaint. Where to File a Complaint A student or employee who believes he or she has been discriminated against or harassed in violation of the prohibition of harassment and nondiscrimination policies and procedures may make a complaint orally or in writing, within one year of the date of the alleged harassment or the date on which the complainant knew or should have known of the facts underlying the complaint. If a complainant decides to file a formal written unlawful discrimination or harassment complaint against the District, he or she must file the complaint on a form prescribed by the California Community College Chancellor’s Office. These approved forms are available from the Director of Human Resources and all other Human Resources personnel and at the following URL: http://www.cccco.edu/SystemOffice/Divisions/Legal/Discrimination/tabid/294/Default.aspx#co mplaint_forms. The completed form must be filed with any of the following: The Director of Human Resources/EEO Officer College Council 11/07/11 Page 21 Constituent Review Ends 11/07/2011 The President/Superintendent’s Office which will forward the form to the Director of Human Resources/EEO Officer; and/or The California Community Colleges Chancellor’s Office. Employee complainants shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). Student complainants will be notified that they may file discrimination complaints with the Office for Civil Rights (OCR) of the U.S. Department of Education at www.ed.gov/ocr/. Complaints filed with the OCR, EEOC, and/or the DFEH should be forwarded to the Chancellor’s Office. Any District employee who receives an alleged unlawful harassment or discrimination complaint shall notify the Director of Human Resources/EEO Officer immediately. Intake and Processing of the Complaint Upon receiving notification of an alleged harassment or discrimination complaint, the Director of Human Resources/EEO Officer shall: (1) Undertake efforts to informally resolve the charges, including but not limited to mediation; rearrangement of work/academic schedules; obtaining apologies; providing informal counseling and/’or training, etc.; (2) Advise the complainant that he or she need not participate in an informal resolution of the complaint, as described above, and that he or she may file a complaint with the Office of Civil Rights (OCR) of the U.S. Department of Education, the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) as appropriate; (3) Authorize the investigation of the complaint, and supervise and/or conduct a thorough, prompt and impartial investigation of the complaint, as set forth below. Where complainants opt for informal resolution, the designated officer will determine whether further investigation is necessary to ensure resolution of the matter and utilize the investigation process outlined below as appropriate. In the case of a formal complaint, the investigation will include interviews with the complainant, the accused , and any other persons who may have relevant knowledge concerning the complaint. This may include victims of similar conduct. (4) Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, or other unlawful discriminatory conduct, giving consideration to all factual information and the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct, and the context in which the alleged incidents occurred. (5) Set forth the results of the investigation in a written report. The written report shall include a description of the circumstances giving rise to the complaint, a summary of the testimony of each witness, an analysis of any relevant data or other evidence collected during the investigation, a specific finding as to whether discrimination did or did not College Council 11/07/11 Page 22 Constituent Review Ends 11/07/2011 occur with respect to each allegation in the complaint, and any other appropriate information. (A) Investigative Report: Provide the complainant and accused with a copy or summary of the investigative report within ninety (90) days from the date the District received the complaint. If the investigative report cannot be completed within ninety days, a written notification will be provided to the complainant and accused as to the reasons for the extension and estimated date of completion. (B) Determination and Recommendation: The complainant and accused shall also be provided with a written notice setting forth the determination of the Director of Human Resources/EEO Officer or appointed designee, as to whether harassment or other discriminatory conduct did or did not occur with respect to each allegation in the complaint; a description of action taken, if any, to prevent similar problems from occurring in the future; the proposed resolution of the complaint; and notice of the parties’ rights to appeal to the District's Board of Trustees and the state Chancellor’s Office. The results of the investigation and the determination as to whether harassment or other discriminatory conduct occurred shall also be reported to the accused, and the appropriate academic or administrative official(s). Reports to the complainant shall be prepared so as not to violate any applicable privacy rights of the accused. Investigation of the Complaint The District shall promptly investigate every complaint of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. As set forth above, where the complainant opts for an informal resolution, the [designated officer] may limit the scope of the investigation, as appropriate. The District will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation. Investigation Steps The District will fairly and objectively investigate harassment and discrimination complaints utilizing the following steps: interviewing the complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses, if any; reminding all individuals interviewed of the District’s no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic files of all involved parties; reach a conclusion as to the allegations and any appropriate disciplinary and remedial action; and see that all recommended action is carried out in a timely fashion. Timeline for Completion The District will undertake its investigation promptly and swiftly as possible. To that end, the investigator shall complete the above steps, and prepare a written report within 90 days of the District receiving the complaint. Page 23 College Council 11/07/11 Constituent Review Ends 11/07/2011 Cooperation Encouraged All employees are expected to cooperate with a District investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the District to investigate thoroughly and respond effectively. However, lack of cooperation by a complainant or witnesses does not relieve the District of its obligation to investigate. The District will conduct an investigation if it is discovered that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed. Discipline and Corrective Action If harassment, discrimination and/or retaliation occurred in violation of the policy or procedure, the District shall take disciplinary action against the accused and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. If discipline is imposed, the nature of the discipline will not be communicated to the complainant. Disciplinary actions against faculty, staff and students will conform to all relevant statutes, regulations, personnel policies and procedures, including the provisions of any applicable collective bargaining agreement. The District shall also take reasonable steps to protect the complainant from further harassment, and/or discrimination, and to protect the complainant and witnesses from retaliation as a result of communicating the complaint and/or assisting in the investigation. The District shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible without impeding the District’s ability to investigate and respond effectively to the complaint. Appeals If the complainant is not satisfied with the results of the administrative determination, he or she may, within fifteen days, submit a written appeal to the Board of Trustees. The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final District decision in the matter within 45 days after receiving the appeal. A copy of the decision rendered by the Board shall be forwarded to the complainant and to the state Chancellor’s Office. The complainant shall also be notified of his or her right to appeal this decision. If the Board does not act within forty-five (45) days the administrative determination shall be deemed approved and shall become the final decision of the District in the matter. The complainant shall have the right to file a written appeal with the state Chancellor’s Office within thirty days after the Board issued the final District decision or permitted the administrative decision to become final. Such appeals shall be processed pursuant to the provision of Section 59350 of Title 5 of the California Code of Regulations. Page 24 College Council 11/07/11 Constituent Review Ends 11/07/2011 In any case involving employment discrimination, including workplace harassment, the complainant may, at any time before or after the issuance of the final decision of the District, file a complaint with the Department of Fair Employment and Housing. In such cases, the complainant may also file a petition for review with the state Chancellor’s Office within thirty days after the governing board issues the final decision or permits the administrative decision to become final. Within 150 days of receiving a formal complaint, the District shall forward to the state Chancellor’s Office the original complaint, the investigative report, a copy of the written notice to the complainant setting forth the results of the investigation, a copy of the final administrative decision rendered by the Board or indicating the date upon which the decision became final, and a copy of the notification to the complainant of his or her appeal rights. If, due to circumstances beyond its control, the District is unable to comply with the 150-day deadline for submission of materials, it may file a written request for an extension of time no later than ten days prior to the expiration of the deadline. Dissemination of Policy and Procedures District Policy and Procedures related to harassment will be provided to all students, faculty members, members of the administrative staff and members of the support staff, and will be posted on campus. When hired, employees are required to sign that they have received the policy and procedures, and the signed acknowledgment of receipt is placed in each employee’s personnel file. In addition, these policies and procedures are incorporated into the District's course catalogs and orientation materials for new students. In years in which a substantive policy or procedural change has occurred, all District employees will be informed of the policy or procedural changes and receive a copy of the revised policies and procedures. In addition to the website, informational/instructional documents on the District’s policies and complaint procedures will be made available to all students through the Associated Student Body office. The student informational documents shall include an explanation of the policy, how it works, and how to file a complaint. Training The District will provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees every two years. All new supervisory employees must be provided with the training and education within six months of their assumption of a supervisory position. The training and education required by this procedure shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of Page 25 College Council 11/07/11 Constituent Review Ends 11/07/2011 sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. College Council 11/07/11 Page 26 Constituent Review Ends 11/07/2011 Appendix A: Definitions Appeal A written request by a complainant made in writing to the Redwoods Community College District governing board pursuant to Title 5, section 59338, and/or to the State Chancellor’s Office pursuant to Title 5, section 59339, to review the administrative determination of the District regarding a complaint of discrimination. Association “Association with a person or group with these actual or perceived characteristics.” This includes advocacy for or identification with people who have one or more characteristics of a protected category listed in the “Unlawful Discrimination Policy, Board Policy 3410” and Title 5, Section 59300, or participation in a group associated with persons having such characteristics, or use of a facility associated with use by such persons. Complaint A written and signed statement meeting the requirements of Title 5, section 59328 that alleges unlawful discrimination in violation of the nondiscrimination regulations adopted by the Board of Governors of the California Community Colleges, as set forth at Title 5, section 59300 et seq. Day(s) Calendar days unless otherwise specified. Disability Any mental or physical disability as defined in California Government Code Section 12926. See also – Mental Disability and Physical Disability. If the Americans with Disabilities Act of 1990 definitions would result in broader protection of the civil rights of individuals with a mental or physical disability or would include any medical condition not included within these definitions, then that broader protection or coverage will be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in California Government Code Section 12926 and should be included in District policy. (Government Code Section 12926(1)). District The Redwoods Community College District or any District program or activity funded directly by the state or receives financial assistance from the state. This includes any organization associated with the District, receiving state funding or financial assistance through the District. Gender An individual’s sex, male or female. Also includes a person’s gender identity and gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. Mental Disability Includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific Page 27 College Council 11/07/11 Constituent Review Ends 11/07/2011 learning disabilities, that limits a major life activity. For purposes of this section: (A) "Limits" shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) "Major life activities" shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) which requires specialized supportive services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the District. (4) Being regarded or treated by the District as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the District as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). (6) "Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. Antisocial behavior or mental disorders which cause a threat to the safety of District personnel or property; which disrupt the operations of the District; or which are specifically excluded by governing statutes will also not be determined to be “mental disability.” Physical Disability Includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: (i) "Limits" shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) "Major life activities" shall be broadly construed and includes physical, mental, and social activities and working. (2) Any other health impairment not described in paragraph (1) that requires specialized supportive services. Page 28 College Council 11/07/11 Constituent Review Ends 11/07/2011 (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the District. (4) Being regarded or treated by the District as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the District as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) "Physical disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. Responsible District Officer The officer identified by the District to the State Chancellor’s Office as the person responsible for receiving complaints filed pursuant to Title 5, section 59328, and coordinating the District investigation. For the Redwoods Community College District and for the purpose of Title 5 compliance, the Responsible District Officer is the Director of Human Resources/EEO Officer. Sexual Harassment Unlawful discrimination in the form of unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the workplace or in the educational setting, and includes but is not limited to: (1) Making unsolicited written, verbal, physical, and/or visual contacts with sexual overtones. (Examples of possible sexual harassment that appear in a written form include, but are not limited to: suggestive or obscene letters, notes, invitations. Examples of possible verbal sexual harassment include, but are not limited to: leering, gestures, display of sexually aggressive objects or pictures, cartoons, or posters.) (2) Continuing to express sexual interest after being informed that the interest is unwelcomed. (3) Making reprisals, threats of reprisal, or implied threats of reprisal following a rebuff of harassing behavior. The following are examples of conduct in an academic environment that might be found to be sexual harassment: implying or actually withholding grades earned or deserved; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied. (4) Engaging in explicit or implicit coercive sexual behavior within the work environment which is used to control, influence, or affect the employee’s career, salary, and/or work environment. (5) Engaging in explicit or implicit coercive sexual behavior within the educational environment that is used to control, influence, or affect the College Council 11/07/11 Page 29 Constituent Review Ends 11/07/2011 educational opportunities, grades, and/or learning environment of a student. (6) Offering favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors. Sexual Orientation Heterosexuality, homosexuality, or bisexuality. Unlawful Discrimination Discrimination based on a category protected under Title 5, Section 59300, including sexual harassment and retaliation. College Council 11/07/11 Page 30 College Council 11/07/11 Page 31 Constituent Review Ends 11/07/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 7310 NEPOTISM The District does not prohibit the employment of relatives [or domestic partners as defined by Family Code Section 297 et seq.] in the same department or division, with the exception that they shall not be assigned to a regular position within the same department, division, or site that has an immediate family member who is in a position to recommend or influence personnel decisions. Personnel decisions include appointment, retention, evaluation, tenure, work assignment, promotion, demotion, or salary of the relative [or domestic partners as defined by Family Code Section 297 et seq.]. The term "immediate family" as used in this policy means spouse; father, mother, grandfather, and grandmother of the employee or the employee's spouse; son; son-in-law; brother; brother-inlaw; daughter; daughter-in-law; sister; sister-in-law; grandchild; aunt; uncle; niece; nephew; step-relative in any of the above categories; or any other relative living in the employee's home. "Spouse" includes the domestic partner of an employee as defined by section 297 of the California Family Code.; and "relatives" refers to parent, child, brother or sister, or any other person related by blood or marriage. Notwithstanding the above, the District retains the right where such placement has the potential for creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts of interest, to refuse to place spouses in the same department, division, or facility. The District retains the right to reassign or transfer any person to eliminate the potential for creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts of interest. It is recognized that current assignments may exist in conflict with this policy. Where such may occur, the President or designee will be responsible for determining the appropriateness of the assignment. The District retains the right to reassign or transfer employees where such assignments have the potential for creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts of interest. Should it be determined a reassignment is necessary to comply with the intent of this policy, the President or designee may make such reassignment without financial penalty to those involved. The appropriate collective bargaining organization will be notified in writing of any recommended reassignment of a unit member under this policy. The collective bargaining organization will be allowed fifteen (15) working days to respond in writing to the Vice Chancellor of Human Resources or designee and the Board of Trustees, and to meet with the Vice Chancellor of Human Resources or designee, before the Chancellor takes action on the reassignment. College Council 11/07/11 Page 32 Constituent Review Ends 11/07/2011 References: Government Code Sections 1090 et seq. and 12920 et seq. Adopted: xx/xx/xxx New policy College Council 11/07/11 Page 33 Constituent Review Ends 11/07/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7310 NEPOTISM From Redwoods CCD Policy 332/424 titled Employment of Relatives The Redwoods Community College District policy is to hire, promote, and transfer employees on the basis of individual merit and to avoid favoritism or discrimination in making such decisions. Spouses or other relatives may be employed within the same department or dDistrict facility. However, the District may prohibit the assignment of, or may reassign spouses or relatives if, in its discretion, it finds that such employment of relatives has created, or would create,a situation in which (Title 2, Sec. 7292.5 Calif. Code of Regulations) 1. An employee serves as the immediate supervisor for, or is supervised by, a spouse or relative. Employees shall neither initiate nor participate in making institutional recommendations or decisions which would directly affect the employment status of their spouses or relatives. These recommendations/decisions include, but are not limited to, selection, appointment, retention tenure, work assignments, promotion, demotion or salary), or 2. Employment safety, morale, security or supervision are adversely affected. Marriage While Employed If two persons should marry while both are employed by the District, they may continue their employment provided that they may not work in any position that would require one to act as the direct supervisor of the other. In this event, the District shall make reasonable efforts to assign/reassign job duties as soon as possible so as to minimize problems of safety, supervision, security, or morale. Absent an overriding necessity, the decision as to which spouse will change jobs or departments, if necessary, is a decision that the couple shall make within 6 weeks of the marriage. The actual transfer or termination may, when in the best interest of the District, be deferred until the end of the school semester. If the couple does not make this decision within 6 weeks, the District shall decide which employee shall be transferred or terminated. This decision shall be based upon the following factors: (1) the necessity of operating the college in an efficient manner, and (2) each employee's length of service with the District. Termination will only be invoked if there is no other work unit to which one of the two employees can reasonably be transferred. Exceptions Page 34 College Council 11/07/11 Constituent Review Ends 11/07/2011 The President/Superintendent may authorize an exception to this policy if it is found that 1. The position to be filled requires a person with specialized training and experience not generally available in the employment market. 2. There is a vital District need to fill the position, 3. Substantial bona fide efforts have been made to locate and/or employ a person who is not a relative or spouse of any employee, or to find an alternate department or location for one of the two employees who marry, 4. The relationship between the relative or spouse and the applicant or employee is unlikely to materially affect their employment by the District, or 5. Refusal of the assignment would adversely affect the Affirmative Action goals of the District. Any such exception authorized by the President/Superintendent must be approved by the Board of Trustees. At the time of adoption of this policy, if a marital relationship already exists between coemployees, one of whom serves in a direct supervisory capacity over the other, the employees may remain in their current positions only if the District is unable to effect a reasonable transfer, and only for so long as their continued employment in a supervisorial-subordinate relationship does not create problems of safety, supervision, morale, or security. References Government Code Sections 1090 et seq. and 12920 et seq. Adopted: xx/xx/xxxx Former Redwoods CCD Policy #332/424: “Employment of Relatives,” Adopted by Board of Trustees: August 15, 1977; Amended: February 6, 1989 College Council 11/07/11 Page 35 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Draft Interim AP 4023 Definition of Credit Hour (Interim) As defined in 34 CFR 600.2, College of the Redwoods has adopted the following definition of a credit hour: (1) An amount of work represented in the intended learning outcomes and verified by evidence of student achievement that reasonably approximates not less than one hour of classroom or direct faculty instruction and a minimum of two hours of out-of-class student work each week for approximately fifteen week for one semester hour of credit, or the equivalent amount of work over a different amount of time. (2) For other academic work leading to award of credit hours (such as internships, practicum, studio work) the award of credit hours will be based on an amount of work implied by the paragraph before. (3) For asynchronous online courses, where no classroom instruction takes place per se, the assignment of credit hour will be based on the equivalent amount of work as represented by the definition above. An existing face to face course may be taught in an online format for the same credit hours provided amount of work expected remain the same. The Vice President of Instruction and the curriculum committee is charged with the responsibility to ensure that the curriculum adheres to this requirement. The VPI and the curriculum committee must make a reasonable determination that proposed assignment of credit hours for new courses conforms to commonly accepted practice in higher education. Reference: 34 CFR 600.2 Approved: xx/xx/xxxx College Council 11/07/11 Page 36 College Council 11/07/11 Page 37 Council approved 05/02/11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Draft AP 2411 Interim Policies Administrative policies are adopted after approval by College Council following constituent input (AP 2410). The President/Superintendant may modify or adopt a policy (s) on an interim basis for compelling legal, fiscal or operational reasons without College Council approval. Interim policies will be identified in administrative policies as such (e.g. Interim Policy on Utility Trenching). The President/Superintendent will notify the membership of College Council when an interim policy is adopted. Within six months The College Council will then have six months to ratify, revise or reject the interim policy. The interim policy will become the permanent policy at the end of six months if the College Council fails to act on it in the stipulated period of time. Approved: xx/xx/xxxx College Council 11/07/11 Page 38 College Council 11/07/11 Page 39 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 2511 COLLEGE COUNCIL The Scope of the College Council Committee The Redwoods Community College District is committed to the creation of participatory governance structures which are efficient, effective, and which allow for broad participation in the decision-making process. The District seeks to build understanding and trust among various groups in the College through open collaboration and shared responsibility. The College Council is the apex district-wide constituent based collegial consultation body that includes representatives from all of the District’s constituent groups. College Council helps ensure that policies and procedures are developed and revised following the collegial consultation process and all relevant constituent input is given due consideration. College Council receives drafts of policy and procedure from the appropriate constituents, reviews and suggests revisions when appropriate, and either sends these documents back to the constituent group that wrote it for any necessary revision or can, if deemed appropriate, create an ad hoc committee (or a subcommittee) for revisions to drafts or resolution of competing drafts. College Council shall seek all constituents’ input on the proposed board policy (BP) and/or administrative procedure (AP) before making a final recommendation by majority vote. Final recommendations by the College Council are sent to the President/Superintendent. The President/Superintendent is responsible for taking revisions and new policies and procedures to the Board of Trustees for approval (BPs) or for informational purposes (APs). Members convey information from the Council to their constituent groups and from their groups to the Council. Members represent their constituents’ views to the College President who serves as Council Chair. The Council serves to advise the College President before implementation of the recommendations. The College Council may develop and adopt operating procedures to ensure efficient, effective and timely decision-making. Though they are not part of AP 2511, the current operating procedures of the College Council will be attached to AP 2511 so that the information is readily available to all. College Council Membership Constituent Representation on the College Council is as follows: Academic Senate (2) College of the Redwoods Faculty Organization (CRFO) (1) California Schools Employee Association (CSEA) (2) Associated Students of College of the Redwoods (ASCR) (2) Del Norte (1) College Council 11/07/11 Page 40 Mendocino (1) President/Superintendent (1) Vice President of Administrative Services (1) Vice President of Instruction (1) Vice President of Student Development (1) Director of Human Resources (1) Managers’ Council (1) Klamath Trinity Instructional Site (Non-Voting) See BP 2510 Approved: 09/11/2005 Revised: xx/xx/xxxx Former Administrative Regulation #202.01: “Policy Development Committee,” Adopted by Board of Trustees: 10/75 Amended: 8/77, 4/81, 9/85, 7/86, 11/89 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 2511 COLLEGE COUNCIL The Redwoods Community College District shall establish governance structures which are efficient, effective, and which allow for broad participation in the decision-making process. The District seeks to build understanding and trust among various groups in the College through open collaboration and shared responsibility. To this end, College Council shall be the multi-constituent internal policy review and development committee for the College. The scope of College Council activity shall include policy review of long-range planning, long-range budget development, information systems, affirmative action plans, and other issues having significant policy or budgetary impact upon the College. The membership and procedures of College Council shall be based upon protocols agreed upon by the President/Superintendent and the Academic Senate Approved: 09/11/2005 Former Administrative Regulation #202.01: “Policy Development Committee,” Adopted by Board of Trustees: 10/75 Amended: 8/77, 4/81, 9/85, 7/86, 11/89 College Council 11/07/11 Page 41 REDWOODS COMMUNITY COLLEGE DISTRICT Exhibit No. AP 2511.A COLLEGE COUNCIL OPERATING PROCEDURES College Council will meet semi-monthly during the fall and spring semesters. One meeting per month shall be dedicated to policy and procedure revision and one meeting per month shall be dedicated to general business and communication. College Council will conduct business only when there is a quorum of 50 percent +1 of its voting membership. College Council will utilize Robert’s Rules in its meetings. College Council requires that documents be distributed to College Council members at least one week prior to the College Council meeting in which those documents will be discussed. When an item moves from discussion to action, a roll call vote must be afforded the membership, so the voting can be recorded. College Council can accept proposed policy or procedure revisions from constituent groups. If the group has no purview over the issue, College Council may direct a different and more appropriate constituency to draft the policy or procedure. College Council may also appoint an ad hoc committee to draft policy or procedure when appropriate. When a policy or procedure draft comes before College Council, the membership may suggest revisions, based upon the draft itself, the League for California Community Colleges templates (available upon their website), state law, education code, or any other relevant statutes. Also, College Council strongly encourages constituents to use a “best practices” approach by looking at what other Community Colleges are doing state-wide. If revisions are suggested, College Council will send the policy or procedure back to the constituent group that wrote the document for further revision. Once College Council is satisfied with a policy or procedure draft, the document will be sent out to all constituents for 90 days for comment. College Council may extend or shorten the review period after considering the complexity and impact of the proposed revision. After all constituent groups have provided feedback, College Council may make further revisions to the document, or it may vote to recommend the policy or procedure and move it to the President/Superintendent. Once the policy or procedure has been recommended for approval, it moves on to the President/Superintendent, who then brings it to the Board of Trustees for approval (BPs) or informational purposes (APs). Approved: xx/xx/xxxx College Council 11/07/11 Page 42 College Council 11/07/11 Page 43 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5530 STUDENT COMPLAINTS OTHER THAN ACADEMIC COMPLAINTS OR UNLAWFUL DISCRIMINATION When If a student wishes to lodge a complaint other than academic complaints or unlawful discrimination, he or she may seek redress through the following procedures. Student complaints adjudicated under this regulation are those legitimate complaints brought against a decision made or action taken by the College that is alleged to adversely affect a student's status or privileges. These complaints may include matters such as: complaints against about college staff, a challenge to a student's academic record, or complaints against about a service or program. Student complaints within the purview of this regulation must be filed with the Chief Student Services Officer (CSSO) within thirty (30) days of the decision, action, or incident that is the source of the complaint. A. Informal Resolution Process Many complaints are simply the result of misunderstanding or miscommunication. The parties involved are recommended to first seek to resolve any complaints informally and amicably. For most complaints, a direct discussion with the immediate supervisor of the employee, program, service, or area of responsibility relevant to the compliant, may be adequate to resolve the matter to the satisfaction of both parties. The student shall first attempt to resolve the complaint through informal consultation with the specific area administrator or other college employee against whom the complaint is lodged. Such a meeting should be held in private within ten (10) days after the original complaint is filed. All issues involved should be clearly defined so they may be discussed as objectively as possible. At this preliminary stage, most complaints shall either be resolved or denied by the area administrator if the complaint is found not to be valid. 1. Discuss Complaint with Employee Supervisor 1. The student shall first attempt to resolve the complaint through informal consultation with the specific area administrator or supervisor of the employee, program, or service against whom the complaint is lodged. Such a meeting should be held in private within ten (10) working days after the decision, action or incident. All issues involved should be clearly defined so they may be discussed as objectively as possible. The student should discuss the complaint informally and thoroughly with the employee. Both parties should openly discuss the student complaint/concern and attempt to understand the other's perspectives, explore options/alternatives, and attempt to arrive at a satisfactory resolution to the complaint. At the student's request, an Associated Student, College of the Redwoods (ASCR) member may be invited and/or assigned to assist the student in clarifying the complaint process, writing the complaint, and/or supporting the student throughout the complaint process. Formatted: Space Before: 6 pt, After: 0 pt Formatted: Font: Bold Formatted: Space Before: 6 pt Formatted: Space Before: 6 pt, After: 0 pt Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: First line: 0", Space Before: 6 pt Formatted: Indent: Left: 0.5", Space Before: 6 pt, No bullets or numbering Formatted: Strikethrough Formatted: Space Before: 6 pt 2. Express Complaint in Writing Formatted: Indent: First line: 0", Space Before: 6 pt College Council 11/07/11 Page 44 2. If the student is dissatisfied with the results of the discussion with the supervisorcomplaint resolution, the student should submit a “Statement of Complaint” (see form below) that clearly expresses in writing the complaint , and their desired solution. , in writing and forward the written Statement of ComplaintThis statement shall be submitted to the CSSO within five (5) instructional daysbusiness days following the meeting with the specific area administrator or supervisor as described above. to the employee and employee's immediate supervisor. Formatted: Indent: Left: 0.5", Space Before: 6 pt, No bullets or numbering Formatted: Strikethrough Formatted: Space Before: 6 pt 3. Supervisor Conference 3. On receipt of the student's “Statement of Complaintwritten complaint,” the immediate supervisor may meet with the employee and ask the employee for a written response and shall, within five (5) instructional days following receipt of the student's written complaint, make every effort to hold a conference with the involved parties. The supervisor may request supporting materials of either employee or student. will arrange a conference or meeting with the employees, service area personnel, and any other relevant staff. The purpose of this meeting will be to determine if there are any legitimate grounds for the complaint, if staff have any suggestions for resolution or improvement, and to discuss any possible actions. The student complainant may or may not be asked to attend, at the discretion of the supervisor. If Aafter the discussion with staff or employees , mediation, and review of relevant materials or evidence at the conference the involved parties have been unable to find a mutually acceptable resolution, the supervisor shall render a decision on the complaint to all present parties or and shall within five (5) instructional daysbusiness days provide a written copy of his/herthat decision of the complaint to each involved party. The supervisor will then forward all relevant documents, evidence, meeting notes, the “Statement of Complaint” form, and any other materials, to the CSSO. Formatted: Indent: First line: 0", Space Before: 6 pt Comment [RM1]: Name of form should match references to it within the text. Formatted: Indent: Left: 0.5", Space Before: 6 pt, No bullets or numbering Formatted: Font: Bold Chief Student Services Officer (CSSO) or Campus Dean Conference If the decision of the immediate supervisor does not resolve the complaint to the satisfaction of the student, the CSSO or appropriate campus Dean shall, on request of the student, will convene a conference of all previously involved parties and any additionally affected supervisors within five (5) instructional days. All written statements and supporting materials of involved parties will be provided to the CSSO or campus Dean prior to the conference. Written materials will be retained by the CSSO or campus Dean for the College files. If after discussion, mediation, and review of materials at the conference, the involved parties have been unable to find a mutually acceptable resolution, the CSSO or campus Dean shall within five (5) instructional days render a written decision on the complaint or refer it to the formal resolution process. 4. Formatted: Space Before: 6 pt Formatted: Indent: First line: 0", Space Before: 6 pt Formatted: Font: Bold Formatted: Space Before: 6 pt Comment [RM2]: Do we really want another conference? Why not have the Dean review available materials and interview parties as convenient to his/her schedule, and render a written decision- five days is not a lot of time. This process already extends a lot to students with complaints. IMHO. Formatted: Font: Bold Formatted: Font: Bold A student complaint initiated on the performance or actions of a Dean may be appealed to CSSO. A student complaint initiated on the performance or actions of a CSSO may be appealed to the President. B. Formal Resolution Process Formatted: Font: Bold Formatted: Space Before: 6 pt, After: 0 pt, Line spacing: single Formatted: Space Before: 6 pt Formatted: Space Before: 6 pt, After: 0 pt Formatted: Font: Bold College Council 11/07/11 Page 45 If the complaint cannot be satisfactorily resolved at the informal level, then the following Formal Resolution Processprocedure shall be followed: 1. Student Files a Request for Hearing 1. The student must complete, and forward deliver to the Vice PresidentCSSO (or Campus Dean at the Education Centers), the “Request for Hearing” form within ten (10) business days of receiving the written decision rendered by the area supervisor as described above. 2. CSSO Convenes the College Hearing Committee 2. The CSSO (or Campus Dean at the Education Centers) or designee shall then arrange for a meeting ofconvene the College Hearing Committee to convene within a period of fifteen (15) working daysbusiness days following receipt of the Request for Hearing to consider the complaint. The CSSO shall consider the preferences of the accused student, the nature of the complaint, and the availability of the committee members when assigning the case for a hearing. a. The College Hearing Committee shall be composed of the following: (1) Two students appointed by the ASCR President. Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: First line: 0", Space Before: 6 pt, After: 0 pt Comment [RM3]: Again, form referenced should match text and process outlined in text should be reflected in the form. Formatted: Font: Bold Formatted: Font: Bold Formatted: Space Before: 6 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt (2) Two faculty members appointed by the Academic Senate President. (3) One classified member appointed by the CSEA President. (4) One administrator, who shall chair the committee, appointed by the College President or designee b. All committee members shall be selected from among persons with little or no connection to the source of the complaint and that had no involvement in the decision, action, or incident. The CSSO or Campus Dean shall also confirm that all prospective members are not related in any way to the complainant. (the administrator shall be the committee chair). Formatted: Indent: Left: 1", Hanging: 0.25", Space Before: 0 pt, After: 0 pt Formatted: Normal (Web), Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", Space Before: 0 pt, After: 0 pt 3. Hearing Procedures The Chair of the College Hearing Committee may will establish a hearing format consistent with this administrative procedure. Formal hearings will be conducted by the Conduct Review cCommittee according to the following guidelines: c. Formatted: Font: Bold Formatted: Normal (Web), Indent: First line: 0", Space Before: 6 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Normal (Web), Indent: Left: 0.5", Space Before: 6 pt, No bullets or numbering Formatted: Normal (Web), Indent: Left: 0.5", Space After: 0 pt 1) In complaints involving more than one student complainant, the Chair of the College Hearing Committee will determine if hearings concerning each student Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 6 pt, After: 0 pt, Line spacing: single College Council 11/07/11 Page 46 will be conducted jointly or separately. The decision of the Chair shall be final on all matters relating to the process of the hearing unless there is a vote by other members of the panel to the contrary. 1. 2) 3) 1)4) 5) 6) 7) The student(s) will be notified by certified mail of the hearing at least five business days in advance of the hearing. The letter will inform the student of the time, location and place of the hearing and include a copy of this administrative procedure. All parties shall be present at the hearing. In the willful absence of the complainant and/or a representative of his/her choice, the complaint will be dismissed. 2. Hearings shall be closed and confidential unless the one of the parties requests that it be open to the public. Any such request must be made no less than five days prior to the date of the hearing. In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the Chair agree to the contrary. Quorum for a hearing requires that four (4) of the six College Hearing Committee members are present for the hearing. If the case is to be heard at the Mendocino or Del Norte site, a quorum will be three (3) members of the Committee. 3. 4. Hearings shall be closed and confidential unless the one of the parties requests that it be open to the public. Any such request must be made no less than five days prior to the date of the hearing. In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the Chair agree to the contrary. 5. The student will be notified by certified mail of a hearing at least five business days in advance of the hearing. The letter will inform the student of the time, location and place of the hearing and include a copy of this administrative procedure. 6. In all cases, the evidence in support of the charges will be presented and considered whether or not either party is in attendance. The parties may be accompanied by an advisor if so desired. The advisor may attend the hearing with the student to counsel him/her and suggest questions. The parties may be present during the entire time of the hearing, except during the deliberations of the Committee. In no event may the advisor participate directly by speaking for either party or questioning witnesses. Admission of any other person to the hearing will be at the discretion of the Chair. 7. The student may represent him or herself, and may also have the right to be represented by a person of his or her choice, with the e. Exception that the student shall not be represented by an attorney unless agreed to in advance of the hearing by the Chair. The student must note on the Request for a Hearing form if the student wishes to be represented by an attorney. If the student is permitted to Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 6 pt, After: 6 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 6 pt, After: 6 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" College Council 11/07/11 Page 47 8) 9) 10) 11) 12) 13) be represented by an attorney, the Committee may also request legal assistance. Any legal advisor provided to the Committee may sit with it in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it. 8. The parties may present evidence, including witnesses and written statements. The Chair will determine the format of the hearing, and the admissibility of witnesses or written statements, and may elect not to hear such statements if deemed redundant or irrelevant. 9. The Chair retains authority to question witnesses and parties to the alleged violations and will determine the appropriateness of questions posed by the parties. Other committee members should request and receive the permission of the Chair before asking questions of the witnesses. The accused staffEmployees against whom complaints have been filed will be advised of their right to remain silent, and may choose not to respond to any questions is not required to answer questions of an incriminating nature. The Chair retains authority to question witnesses and parties to the alleged violations and will determine the appropriateness of questions posed by the parties. 10. Pertinent and relevant information may be reviewed without regard to the legal rules of evidence. 11. 12. The Chair of the Committee may opt to hear the testimony of witnesses separately. The person making the complaint shall assume the burden of proof. 13. There will be a single verbatim record, such as a tape recording, digital or taped, of all hearings before the Committee. No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by tape recording, the Committee Chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. Recordings shall remain in the custody of the College at all times, unless released to a professional transcribing service. Access is limited to reviewing the verbatim record only on College premises and in the presence of the CSSO or designee. The verbatim record will be the property of the College. 14. The College Hearing Committee may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused staff , and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where as determined in the sole judgment of the Chair to be appropriate and in the best interests of the parties. 15. College Council 11/07/11 Page 48 14) Following testimony of witnesses, the Committee shall consider the complaint and determine if the complaint is valid. Determination of validity shall be made based on the preponderance of evidence. 16. The Committee shall then decide, by majority vote, if any remedy, action, or decision is required or necessary. The decision shall be based only on the record of the hearing, and not on matters outside of that record. The record consists of the original accusation, the written response, if any, of the student and staff, and the oral and written evidence produced at the hearing. 15) The Committee need not limit its recommendations to the remedy requested by the student. Decisions by the College Hearing Committee shall be by majority vote. 17. 16) The Committee shall submit in writing its findings of validity and recommend action to the President. The President or designee shall may render a decision to accept or modify part or all of the Committee's recommendation and shall submit the decision, with stated reasons, to all concerned within the shortest reasonable time after the decision has been rendered, but (not to exceed ten (10) instructional daysbusiness days of after the hearing). 18. 17) The decision shall include whether the complaint is valid or invalid, and may include specific recommendations for further action is needed. The decision shall be based only on the record of the hearing, and not on matters outside of that record. The record consists of the original accusation, the written response, if any, of the student and staff, and the oral and written evidence produced at the hearing. 19. 18) If the President's decision is unfavorable to the student or if the student accepts an unfavorable decision, theThe student shall have the right to submit a written statement of his or her objections of theresponse to the decision to of the President. This statement shall become partbe included with all other of the student's compiled records of the complaint. 20. 19) The decision of the President shall be final. 21. 22.20) The President shall refer all records to the CSSO or designee for retention. References: Title IX, Education Amendments of 1972; Education Code Section 76224(a) Approved: XX/XX/XXXX Former Administrative Regulation #528.02, “Regulation Re: Student Complaints other than Unlawful Discrimination,” Approved: 3/16/82 Revised 6/6/94, 10/9/95 College Council 11/07/11 Page 49 Redwoods Community College District Student’s Statement of Complaint This is a statement of complaint regarding an an adverse actionaction, decision, or incident that I believe has adversely impacted my student status or privileges at College of the Redwoods.-- and after havingI confirm that I have attempted to resolve the problem complaint by through an informal conference resolution process with the immediate appropriate area supervisor, as outlined in this policy. I understand that after delivery of this complaint to the Chief Student Services Officer or Campus Dean, I may expect to receive and the appropriate Dean/Director – a person may prepare this form and submit it to the Vice President who shall hear the complaint and render a written decision within five days of the filing of this form. -Please print- Date this Form was delivered: ____________ Name of person accepting this form: _______________ Formatted: Font: 7 pt Formatted: Font: (Default) Times New Roman, 7 pt Formatted: Font: 7 pt Name Of ComplainTant: _________________________ _____________________________________ Formatted: Line spacing: 1.5 lines, Tab stops: 2.88", Left,Leader: ___ + 6.38", Right,Leader: ___ Formatted: Line spacing: 1.5 lines Date_______________________ Formatted: Line spacing: 1.5 lines, Tab stops: 6.38", Right,Leader: ___ Mailing Address__________ of Complainant: _________________ _________________________________________________________________ Street # or PO Box # ___________________ _____________________________________________ Formatted: Indent: First line: 0", Line spacing: 1.5 lines, Tab stops: 6.38", Right,Leader: ___ ____________________________________ City _________________________________________ ____________________________________ State ________________________________________ ____________________________________ Zip Code Telephone number of Complainant: _______ # _______________________________ Formatted: Line spacing: 1.5 lines, Tab stops: 2.88", Left,Leader: ___ + 6.38", Right,Leader: ___ ANY OTHER TELEPHONE NUMBER WHERE YOU MAY BE REACHED Alternate Telephone Formatted: Line spacing: 1.5 lines, Tab stops: 2.88", Left,Leader: ___ + 3.25", Left,Leader: ___ + 6.38", Right,Leader: ___ number: __________________________________ _________________________ Formatted: Line spacing: 1.5 lines, Tab stops: 3.25", Left,Leader: ___ + 6.38", Right,Leader: ___ I WISH TO COMPLAIN that (Please fully state the nature of grievancecomplaint, completely identifying individuals involved, and dates of occurrences, etc.): Formatted Table College Council 11/07/11 Page 50 Formatted: Font: 11 pt STATE Describe what FULL relief, remedy, or desired solution you believe is required to resolve this complaint, : (attach ing additional sheet(s) if necessary) Formatted Table Formatted: Font: 11 pt If there is anyone else who could can provide more information regarding this grievancecomplaint, please list names, addresses, and telephone numbers: Formatted: Tab stops: 2.5", Left + 6.38", Right NAME ADDRESS TELEPHONE Formatted Table Formatted: Font: 11 pt, Bold Formatted: Font: 11 pt, Bold I CERTIFY THAT THIS INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ________________________________________ Signature of Complainant Formatted: Centered College Council 11/07/11 Page 51 Redwoods Community College District Supervisor Response Of SupervisING OFFICIALto Student’s Statement of Complaint Date: _______________ To: _____________________________________________________ Name of Student Complainant Date: _______________________________________________________________________________ Street # or PO Box # City State Zip Code As a proposed resolution to your grievance complaint filed on ________________, the Redwoods Community College DDistrict intends to: Formatted: Font: 11 pt Formatted Table ___________________________________ Signature of Supervising Official (CHECK ONE) Formatted: Indent: Left: 0" If this proposal is objectionable not acceptable to you, to you, you may may send your objections, in written form of your own choosing to the Vice President. further file a “Request for Hearing” form, following the Formal Resolution Process as outlined in this policy. This request must be filed within ten (10) days of your receipt of this response. Formatted: Font: 11 pt Page 52 College Council 11/07/11 Page 53 College Council 11/07/11 Formatted: Indent: Left: 0" Or you can request a conference of all previously involved parties and any additionally affected supervisors with the Vice President. Formatted: Font: 11 pt RESPONSE OF VICE PRESIDENT To: __________________________________________ ___________ Name of COMPLAINTANT Date: _______________________________________________________________________________ Street # or PO Box # City State Zip Code As a proposed resolution to your grievance on ________________, the Redwoods Community College District intends to: Formatted: Font: 11 pt ___________________________________ Signature of Vice President (CHECK ONE) College Council 11/07/11 Page 54 If this proposal is objectionable to you, you may send your objections, in written form of your own choosing to the Vice President. Formatted: Font: 11 pt Or you can request a hearing before the College Hearing Committee by completing the “Request for a Hearing Form” and returning this form to the Vice President. Formatted: Font: 11 pt Redwoods Community College District Request for Hearing Form Request for hearing must be filed within ten instructional daysbusiness days after receiving the vice presidNet’ssupervisor’s response to your complaint. Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic _____________________________________________ _________________ Name of Complainant Date _____________________________________________________________________________ Home Address City State Zip Code ______________________________________________ Telephone Number I, ________________________________________, hereby request a hearing before the College Hearing Committee to resolve the grievance complaint filed on _______________________. (CHECK ONE) I will have Legal Counsel attending. If so, state name of Counsel: Formatted: Line spacing: 1.5 lines College Council 11/07/11 Page 55 ___________________________________________ I will not have Legal Counsel attending ____________________________________________________________________________ Signature of Student Complainant Office Use Only Date Received _____________________________________ College/Campus Location of GrievanceComplaint Office Use Only: Date Received __________________________ COLLEGE OF THE REDWOODS Board of Trustees Policy No. 528 Administrative Regulation No. 528.02 REGULATION RE: STUDENT COMPLAINTS OTHER THAN UNLAWFUL DISCRIMINATION Formatted: Font: Not Bold Formatted: Font: Not Bold Page 56 When a student wishes to lodge a complaint other than unlawful discrimination, he or she may seek redress through the following procedures. Student complaints adjudicated under this regulation are those legitimate complaints against a decision made or action taken by the College that adversely affect a student's status or privileges. These complaints may include matters such as: complaints against college staff, a challenge to a student's academic record, or complaints against a service or program. Student complaints within the purview of this regulation must be filed within thirty (30) days of the incident. A. Informal Resolution The student shall first attempt to resolve the complaint through informal consultation with the specific area administrator, instructor, or other college employee against whom the complaint is lodged. Such a meeting should be held in private within ten (10) days after the original complaint is filed. All issues involved should be clearly defined so they may be discussed as objectively as possible. At this preliminary stage, most complaints shall either be resolved or denied by the area administrator if the complaint is found not to be valid. B. Formal Resolution 1. If the complaint is valid but cannot be satisfactorily resolved at the informal level, then the following procedure shall be followed: The student shall put his or her complaint in writing, specifying the time, place, and nature of the complaint and shall submit it to the Vice President of Student Services (Associate Vice President at the Education Centers) or designee. The Vice President (Associate Vice President at the Education Centers) or designee shall arrange a meeting with the student to review and discuss the complaint not later than the fifth day from the date the written complaint was received. The Vice President of Student Services (Associate Vice President at the Education Centers) shall attempt to facilitate an informal resolution of the complaint satisfactory to all of the parties involved. 2. If an informal resolution of the complaint is not possible, the Vice President of Student Services (Associate Vice President at the Education Centers) or designee shall then arrange for a meeting of the College Hearing Committee to convene within a period of fifteen (15) working days to consider the complaint. a. The College Hearing Committee shall be composed of the following: (1) Two students appointed by the ASCR President. (2) Two faculty members appointed by the Academic Senate President. (3) One classified member appointed by the CSEA President. College Council 11/07/11 Page 57 (4) One administrator appointed by the President or designee (the administrator shall be the committee chair). b. The rules that shall govern committee action are: (1) No committee member may have been previously involved in any way with the issue of the complaint brought before it. (2) The committee shall discuss the charge, hear testimony, examine witnesses, and receive all evidence pertaining to the charge. (3) The accuser and the accused person shall be present at the hearing. In the willful absence of the accuser and/or a representative of his/her choice, the complaint will be dismissed. (4) The person making the complaint shall assume the burden of proof. (5) The hearing shall be closed to the public if either party so requests. (6) Official minutes of the hearing will be taken. (7) The committee shall submit in writing its findings of fact and recommend action to both parties, to the President, and to the Vice President of Student Services (Associate Vice President at the Education Centers) or designee. The President or designee shall render a decision to accept or modify part or all of the Committee's recommendation and shall submit the decision, with stated reasons, to all concerned. (8) If the President dismisses a complaint involving a college employee, no reference to the complaint shall become part of the employee's record. If the President's decision is unfavorable to the student or if the student accepts an unfavorable decision, the student shall have the right to submit a written statement of his or her objections to the decision. This statement shall become part of the student's record. (9) The decision of the President shall be final. (10) The President shall refer all records to the Vice President of Student Services (Associate Vice President at the Education Centers) or designee for retention. Adopted by Board of Trustees March 16, 1982 Revised: June 6, 1994; October 9, 1995 College Council 11/07/11 College Council 11/07/11 Page 58 College Council 11/07/11 Page 59 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 2431 PRESIDENT/SUPERINTENDENT SELECTION In the case of a President/Superintendent vacancy, the board shall establish a search process to fill the vacancy. The process shall be fair and open and comply with relevant regulations. The Board will be aided in this task by the Office of Human Resources, and, when deemed appropriate by the Board, the services of professional consultants. Recruitment procedures shall include, but not be limited to, the following: 1. The preparation of a written job description for the position of President/Superintendent. 2. The preparation of written qualifications (in addition to proper State certification). 3. A statement of the general terms and conditions of employment. 4. The preparation of informative material describing this District and its educational goals. 5. A nationwide distribution of the job announcement. A screening committee composed of the following members, with a chair chosen by the Board of Trustees, will screen applicants and present the names of appropriately qualified candidates to the Board: 1. One full time student appointed by the ASCR President on the advice of the Student Council. Note: In addition, the student representative to the Board of Trustees shall serve as a member of the Board Screening Committee. 2. Three faculty representatives appointed by the Academic Senate President. 3. Two administrators appointed by the District administrative staff members. 4. Three trustees chosen by the Board of Trustees. 5. One full-time classified employee appointed by the President/Superintendent in consultation with the exclusive bargaining unit representative. 6. One classified manager appointed by the President/Superintendent. 7. Three public representatives, one each from Humboldt, Del Norte, and Mendocino counties, selected by the Board of Trustees. 8. The Vice President, Chief Human Resources Officer/EEO or designated alternate (as a non-voting member). 9. In the event that greater diversity of membership is desired for equal employment opportunity and diversity, the Trustees will request modification of the above recommendations. No person may be employed as President/Superintendent of this District unless he/she has signed an employment contract with the Board. Such contract shall include the term for which employment is contracted, including beginning and ending dates (said term shall not exceed four years); the salary which the President shall be paid; the intervals at which he/she shall be paid; Page 60 College Council 11/07/11 the benefits to which he/she is entitled; and such other matters as may be necessary to a full and complete understanding of the employment contract. Reference: Accreditation Standard IV.B.1, IV.B.1.j.: Title 5, Sections 53000 et seq.; Education Code 72411 Adopted by Board of Trustees: 9/11/05 Former Policy #302: “Employment of President/Superintendent,” Adopted by the Board of Trustees: 10/20/75 Amended: 8/15/77, 10/5/87, 7/10/95, 9/14/98, 2/4/03 College Council 11/07/11 Page 61 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 7217 FACULTY PRIORITIZATION PROCESS Process: 1. Each academic year, as part of Program Review, Department chairs/Area Coordinators will have the opportunity to fill out a faculty position request form, providing relevant data and a narrative justifying the need for a fulltime position. All faculty request forms will be forwarded by the Program Review Committee to the Academic Senate copresidents and to the Deans’ Council. 2. Faculty requests for new programs (those not yet in existence) will be submitted by the appropriate dean or faculty member, directly to the PRC. 3. Faculty requests will include both teaching and non-teaching faculty positions. Replacement request due tenure track attrition is not part of this process and are filled automatically, unless there is mutual agreement to the contrary. 4. Requests shall be campus and site specific. In the case of a failed search, procedures outlined in AR 305.01 will be followed. 5. Grant-funded positions will not be included in this process. 6. The data required on the Faculty Request forms and the criteria used for ranking on the Prioritization Rubric will be articulated and revised as necessary by joint agreement of the Program Review Committee, the Academic Senate, and the Deans’ Council. 7. Each year, prior to the evaluation of the faculty requests, members of the Prioritization Committee will be trained (normed) in using the criteria on the rubric. Data will be used as much as possible in evaluating the requests, but as every program is different, many factors must be considered. Not all criteria are hierarchal in nature. 8. The prioritization committee will review the data from the request forms and will evaluate each request on the basis of the specified criteria (See Prioritization Rubric and Directions). 9. The Co-Chairs of the Faculty Prioritization Committee are voting members. 10. In the event that the Prioritization Committee needs more information, the co-presidents of the committee may ask for a representative from the department in question to come forward to answer questions about the position; however, no presentations will be made. College Council 11/07/11 Page 62 11. All faculty requests will be ranked, regardless of how many positions may be available. 12. The initial ranking will be done by ballot as follows: each member will assign a score to each rubric category for each position request. The total of the average scores in each rubric category will determine the initial ranking. The initial ranking may be revised as described in (13) below. 13. Once the draft list has been completed, any member of the Faculty Prioritization Committee can suggest an override of a ranking. Overrides are permitted when a supermajority (7/10 of the committee members are required) votes to re-rank a single position. In positions 1-5, a position may be moved one slot up or down; in positions 610, a position may be moved two slots up or down; in positions 11-20, a position may be moved three slots up or down. 14. Once a prioritization list is completed, it will be presented to the college president, the Academic Senate, Budget Planning Committee, and the Deans’ Council. Should the president override any of the ranked positions, he or she must present a detailed written explanation of that decision to the Academic Senate and to the Deans’ Council within one week. 15. The timeline shown below is for typical prioritization and faculty hiring cycle. The process will also apply to out of cycle faculty requests. Membership of the Prioritization Committee: Academic Senate Co-Presidents or designees (2) Program Review Committee Faculty representatives (2) At-large Faculty representatives selected by the Academic Senate Executive Committee (2) Vice President, Instruction Deans or Associate Deans with at least one non Eureka representative (5) Leadership: The senior Academic Senate Co-President and Vice President of Instruction will serve as co-Chairs of the Faculty Prioritization Committee. Faculty Appointments: The Academic Senate Co-Presidents are responsible for all faculty appointments to the Faculty Prioritization Committee. Timeline: Spring Deans/Area Coordinators fill out faculty request forms as part of Program Review. Nov Faculty Prioritization Committee evaluates and ranks the requests. Ranked list is forwarded to the President, the Budget Planning Committee, and to the Academic Senate. College Council 11/07/11 Page 63 Jan/Feb President announces the number of positions to be funded for the next academic year. HR initiates the process for faculty hiring. Faculty Prioritization Committee reconvenes, debriefs, and evaluates the process (in order to improve it). March Screening committees review applications. April/May Candidates interviewed; finalists selected. May/June Board of Trustees approves contracts Directions for Using the Rubric: 1) Prior to the Prioritization meeting, each Co-Chair will be tasked with determining three interests. 2) During the Prioritization meeting, the group will decide upon a single shared interest that will be scored under the category “Other.” 3) All faculty requests will fall into one of the first three blocks on the rubric: Faculty Replacement Positions (for programs/disciplines that have lost FT faculty due to retirement or other reasons); Growth Positions (for established programs requesting additional FT faculty); New Program/Discipline Position (for programs/disciplines not yet established or newly established with no full-time faculty). 4) Within the appropriate block, each request will be assigned 0-5 points based on the criteria listed. 5) All requests will be evaluated in blocks four, five and, if applicable, six. In each of these blocks, each request will be assigned 0-5 based on the criteria listed. NOTE: Not all criteria within a block are hierarchal in nature. Requests must be evaluated holistically within each block, based on a variety of factors. 6) The positions will then be ranked in order of the total points earned. In the case of ties, the committee will vote to rank the positions; a simple majority is all that is required for this procedure. Approved: xx/xx/xxxx Former Administrative Regulation 305.03 “Priorities for Tenure Track Faculty Positions” Approved: June 6, 1994, Revised: 11/15/96; 10/3/97; 2/4/03; 4/5/04 College Council 11/07/11 Page 64 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 305 Administrative Regulation No. 305.03 PRIORITIES FOR TENURE-TRACK FACULTY POSITIONS In order to allow sufficient time for effective recruitment of the highest quality faculty, priorities for tenure-track faculty positions should be established in the fall of each year for the subsequent year. While the responsibility for determining the final priorities resides with the President/Superintendent, he or she will rely primarily on the advice of the faculty and of the campus administrators in establishing those priorities. The priorities for each year will be determined according to the needs of the college as a whole. Tenure-track positions that are vacated within the tenure probationary period will be refilled without being subject to the prioritization process, unless the following steps are taken: The college president recommends that the vacated tenure-track position is subject to the prioritization process; and The Academic Senate affirms by majority vote the college president's recommendation that the vacated tenure-track position is subject to the prioritization process. The criteria used for establishing priorities will be tied to the college's Strategic Plan and may include the following: The ratio of full-time to associate faculty Current availability of associate faculty Relation to program review recommendations Effect on diversity of the faculty Effect on academic offerings and ability to serve students and the community Effect on the vitality and future direction of a program and/or the college Effect on student learning In an effort to reach institutional consensus on priorities for tenure-track faculty, the following process will be used in developing the recommendations made to the President/Superintendent: Spring Semester: At an April faculty meeting, the administration will present their goals and needs for faculty appointments, with consideration given to the Strategic Plan, the budget, and community input. Requests for proposals will be distributed by April 15. The proposals will be due two weeks before the August Academic Senate retreat. Fall Semester: Completed proposals will be distributed to senators at the August Academic Senate retreat. College Council 11/07/11 Page 65 Position presentations will take place at a September Senate meeting. The administrative team will meet with the Academic Senate at an October Academic Senate meeting. In consultation with their departments, senators should create a position preference list to bring to this meeting to support discussion. A moderator will chair the meeting, with the goal of reaching a consensus on a final position priority. Any retirements announced after the September Academic Senate meeting will also be considered at the October Academic Senate meeting. Every effort will be made to encourage proposals for anticipated retirements prior to the August Academic Senate retreat. Any administrative change in the number or priority order of the positions must be presented by the college president to the Senate at a regular Academic Senate meeting. Approved: June 6, 1994 Revised: 11/15/96; 10/3/97; 2/4/03; 4/5/04 College Council 11/07/11 Page 66 REDWOODS COMMUNITY COLLEGE DISTRICT Proposed Exhibit No. AP 7217.A RUBRIC FOR PRIORITIZING FULL-TIME FACULTY POSITIONS Faculty Replacement Position Stable or growing discipline or program needs replacement for FT faculty who have left within this academic year Stable or growing discipline or program needs replacement for FT faculty who have left within 1-2 years Stable discipline or program needs replacement for FT faculty who have left within three-four years Stable discipline or program can justify replacement for FT faculty who have left within five years or more Outside accreditation is at risk without FT hire Points (0-5): Growth Position Enrollment data over past two years indicate program is growing Enrollment data over past two years indicate program is stable Enrollment data over past two years indicate program is declining Independent marketing or other data indicate growth potential Points (0-5): New Program/Discipline Position Program Initialization process complete State curriculum approval complete New Program has shown significant growth without FT faculty Independent marketing data suggest viability of new program Points (0-5): FT/PT Ratio Points (0-5): Program has no full-time faculty FT/PT ration below 50/50 percent FT/PT ratio below 60/40 percent FT/PT ratio below 75/25 percent FT/PT ratio results in critical lack of effective oversight for associate faculty Reliable pool of well-qualified associate faculty is unavailable (In the case of non teaching faculty positions, the criteria will be the deviation from norms obtained from like institutions) Points (0-5): Program/Student Outcomes Narrative justification demonstrates clear need for FT faculty in order to maintain program outcomes Narrative justification demonstrates clear need for FT faculty in order to achieve student learning outcomes Points (0-5): Other (Shared Interest) Shared interest determined by the Prioritization Group. Scoring rubric will be mutually agreed and will be based on the nature of the shared interest. TOTAL