REDWOODS COMMUNITY COLLEGE DISTRICT College Council 2:30 p.m. – Board Room – Monday August 5, 2013 AGENDA 1. Minutes Dated 6/24/2013 (Page 3) NEW BUSINESS 1. BP and AP 2220 Committees of the Board (Page 9) Review policy and procedure changes 2. BP 3261Student participation in College Governance (Page 12) Review sunset recommendation 3. BP and AP 3550 Drug–Free Environment and Drug Prevention Program (Page 14) Review policy changes and draft procedure 4. BP and AP 3900 Speech – Time, Place, and Manner (Page 18) Review policy changes and draft procedure 5. BP and AP 4041 Tutorial Services (Page 23) Review sunset recommendation 6. BP and AP 5001 Student Service Programs Policy (Page 25) Review sunset recommendation 7. AP 5050 Matriculation (Page 27) Review procedure changes 8. BP and AP 5110 Counseling (Page 30) Review policy and procedure changes 9. BP and AP 5120 Transfer Center (Page 33) Review policy changes and draft procedure 10. BP and AP 5200 Student Health Services (Page 35) Review policy changes and draft procedure OLD BUSINESS: 1. BP 1100 Redwoods Community College District (Page 37) Review constituent feedback 2. BP 2010 Board Membership (Page 38) Review constituent feedback as well as Ad-Hoc Committee feedback 3. BP and AP 2110 Vacancies on the Board (Page 39) Review Ad-Hoc Committee feedback 4. BP and AP 3300 Public Records (Page 42) Review Constituent feedback 5. BP and AP 3310 Records Management, Records Retention and Destruction (Page 45) Review Constituent Feedback as well as Tech Committee feedback Policy and Procedure Tracking Number Title District Vehicles AP 6530 BP/AP Budget Preparation 6200 BP 7130 Compensation BP 7140 Collective Bargaining BP 7350 BP 7111 BP 7113 BP 2361 AP 4102 AP 3435 BP/AP 3430 AP3410 AP 2715 Status Research legality of Class B and Class C requirements Sent back to originator for revisions Council requested language clarification Council requested clarification from Legal regarding intent of the policy Resignation of Employees Human Resources seeking consideration and input from CRFO Job Description Postponed to bring back as a packet Definition of Accredited Institution Human Resources reviewing comparable policies at other colleges. District Publications and Releases Postponed. Council requests more information. Occupational/Vocational Technical Postponed. Requires additional language Programs Discrimination and Harassment Ahn to forward to College Council draft Investigations following Chancellor's office guidelines Prohibition of Harassment Will be reconsidered by Council when AP 3435 is presented Nondiscrimination Council request review of best practices Board Protocols for Effective Procedure for adoption of Board Procedures Trusteeship needs to be established College Council Agenda August 5, 2013 Page 3 College Council Minutes June 24, 2013 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT Minutes of the College Council Meeting 7351 Tompkins Hill Road, Eureka, CA, Board Room Monday, June 24, 2013 MEMBERS PRESENT Bob Brown, Mark Renner (phone), John Johnston, Michelle Blecher (phone), Alicia Flowers (phone), Steve Sandeen (Phone), Jose Ramirez, Kathy Smith, Lee Lindsey, Keith Snow-Flamer, Utpal Goswami, Ahn Fielding, Cheryl Tucker, Mike Richards, Jolene Gates MEMBERS ABSENT Richard Ries CALL TO ORDER Kathy Smith called the meeting to order at 2:33 p.m. MINUTES DATED 3/28/2013 Council member stated that the Del Norte representative position is filled through June 30th. A motion was made by Michelle Blecher and seconded by Ahn Fielding to approve the minutes from the 5/30/2013 College Council with the aforementioned change. A vote was taken and Council voted unanimously to approve the 5/30/2013 College Council Meeting Minutes with the aforementioned change. NEW BUSINESS BP 1100 REDWOODS COMMUNITY COLLEGE DISTRICT BP 1100 Redwoods Community College District was revised by an AdHoc committee of Board members. The revisions made were to reflect the current Instructional Sites in use by the College. A motion was made by John Johnston and seconded by Michelle Blecher to send BP 1100 Redwoods Community College District for a 30 day constituent review. Discussion ensued regarding whether or not education centers sites and otherCollege facilities, such as fine woodworking and the Bianchi farm, should be listed differently. ACTION A vote was taken and council voted unanimously to send BP 1100 Redwoods Community College District for a 30 day constituent review. BP 2010 BOARD MEMBERSHIP BP 2010 Board Membership was revised by an Ad-Hoc committee of Board members. A motion was made by John Johnston and seconded by Bob Brown to College Council Agenda August 5, 2013 Page 4 Minutes-College Council Page 2 of 6 June 24, 2013 send BP 2010 out for a 30 day constituent review. Council member asked for clarification on the meaning of the word “resident.” Council member expressed concern with the phrase “if elected” at the end of the added sentence. The way it currently reads is “It is necessary for such a person to be a resident in the trustee area which he or she will represent if elected.” Council member stated that this could give the impression that the potential trustee could move into a district after being elected. Council member suggested striking the phrase “if elected.” Council member suggested sending a request for clarification and the suggestion to strike the phrase “if elected” to the appropriate Ad-Hoc committee during the constituent review period. ACTION A vote was taken and Council voted unanimously to send BP 2010 out for a 30 day constituent review. BP AND AP 2110 VACANCIES ON THE BOARD BP and AP 2110 Vacancies on the Board were revised by an Ad-Hoc committee of Board members. A motion was made by Keith Snow-Flamer and seconded by John Johnston to send BP and AP out for a 30 day constituent review. Council member stated that the additional language in the AP is repetitive. ACTION A vote was taken and Council voted unanimously NOT to send BP and AP 2110 Vacancies on the Board for a 30 day constituent review. BP and AP 2110 will return to College Council at the July meeting after the reason for the additional language is clarified. BP AND AP 3300 PUBLIC RECORDS BP 3300 Public Records is only presented for review. AP 3300 Public Records is new to College of the Redwoods and the draft reflects the League Template. Council member suggested striking the language regarding the most common exemptions. A motion was made by John Johnston and seconded by Keith SnowFlamer to send BP and AP 3300 Public Records for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP Minutes-College Council Page 3 of 6 June 24, 2013 College Council Agenda August 5, 2013 Page 5 3300 Public Records out for a 30 day constituent review. BP AND AP 3310 RECORDS RETENTION AND DESTRUCTION BP 3310 Records Retention and Destruction has no changes. A motion was made by John Johnston and seconded by Ahn Fielding to send BP and AP 3310 Records Retention and Destruction out for a 30 day constituent review. Council member pointed out that on the fourth line of the first page of the AP “ESI” is repeated. Council member expressed concern with item 2.c. Email Records on the third page of the Administrative Procedure. The current language states that “The District will retain emails and attachments in inboxes, folders, outboxes, etc. on email servers for six (6) months after emails have been received or sent. All emails and attachments remaining on email servers longer than six (6) months will beautomatically and permanently deleted.” The council member stated that many district employees reference emails that were sent or received prior to the previous six months. Council member suggested changing six (6) months to 24 months. Council member stated that District employees can save their e mails in archive folders on their computer and they would not be deleted. Council member suggested striking the last sentence of item 2.c Email Records which states “Originators and recipients of email are responsible for identifying and saving documents that must be retained in order to comply with Federal, state, or local laws, District policies or procedures, or for other reasons.” ACTION A vote was taken and Council voted to send BP and AP 3310 Records Retention and Destruction out for a 30 day constituent review contingent upon the following changes: Strike the last sentence of item 2.c. Email Records Ask the Tech Committee to review the policy and procedure Delete the duplicate ESI in the first paragraph of the AP Remove the parentheses around ESI in the second paragraph Steve Sandeen voted nay AP 4021 PROGROAM REVITILIZATION, SUSPENSION, AND/OR DISCONTINUATION This procedure originally came to College Council three months ago. Comments were taken into consideration and several revisions were made to meet the concerns brought up by Council members. President Smith suggests that this procedure become effective Minutes-College Council Page 4 of 6 June 24, 2013 College Council Agenda August 5, 2013 Page 6 immediately as a six month temporary interim administrative procedure. Over the course of the next six months the procedure can be revised and put through the full College Council process. The reason President Smith wants to implement the interim procedure immediately is that the process of creating a team and Institutional Research gathering the necessary data is time consuming and the College needs to start the process as soon as possible. Council member expressed concern with the morale of the College and the fact that the faculty feels like their programs are threatened. Council member stated that they are concerned that the streamlining of this policy could be seen in a negative light by faculty members. Council member suggested adding language about Program Initialization as well as revitalization, suspension and/or discontinuation. Council member stated that the addition of this language would clarify the process of initiating programs and relieve fear of sudden discontinuation. Council member expressed support of the transparency of the procedure. The way the procedure is written faculty can clearly see what is evaluated during the review process. Council member asked for a list of conditions that may cause a program to be recommended to the President/Superintendent for evaluation be clarified. Discussion ensued regarding how the current program review process related to this procedure. The program review process identifies which programs should be reviewed and this proposed procedure outlines the process of analyzing programs as a whole. Discussion ensued regarding the best way to notify the campus of this interim procedure and the intent to continue to review the procedure over the next six months. Council member suggested having a breakout at convocation where faculty has an opportunity to have an open discussion about the program review, revitalization, initialization, suspension and/or discontinuation process. This interim procedure is going to be implemented immediately but the administration is open to collaboratively reviewing and revising a permanent new procedure. Council member asked if there could be student involvement on the committee and council discussed that there was a legal issue since there could be potential personnel actions taken based of the committee’s decision. Council member suggested adding student feedback as one of the qualitative factors. Minutes-College Council Page 5 of 6 June 24, 2013 College Council Agenda August 5, 2013 Page 7 President Smith said that she would tweak a few things on the first page and send out a draft email to College Council for review before sending out an email notification to all. OLD BUSINESS AP 6370 CONTRACTS- There was no constituent feedback on AP 6370 Contracts- Personal PERSONAL SERVICE Service. A motion was made by Mike Richards and Seconded by Michelle Blecher to send AP 6370 Contracts Personal Service to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send AP 6370 Contracts-Personal Service to the Board for a first read. BP AND AP 4260 PREREQUISITES AND COREQUISITES Council member stated that they had a conversation with the new chair of the Curriculum Committee regarding this policy and procedure. The chair agreed with the fact that the language in the policy and procedure is ambiguous. Council member expressed concern that the AP language contradicts the language in the BP. The BP states that the President/Superintendent is authorized to establish prerequisites and corequisites whereas the AP states that the Curriculum Committee and senate establish them. Council member suggested that the language in the Curriculum Review section be clarified to identify who is responsible for each step of the review process. A motion was made by John Johnston and seconded by Mike Richards to send BP and AP 4260 Prerequisites and Corequisites to the Board contingent upon the following changes: Clarify who is responsible for establishing prerequisites Clarify who is responsible for each step of the review process ACTION A vote was taken and Council voted unanimously to send BP and AP 4260 Prerequisites and Corequisites to the Board for first read contingent upon the aforementioned changes. BP 6510 PROPERTY RECORDS AND INVENTORY There was no constituent feedback on BP 6510 Property Records and Inventory. A motion was made by Michelle Blecher and seconded by Lee Lindsey to Minutes-College Council Page 6 of 6 June 24, 2013 College Council Agenda August 5, 2013 Page 8 send BP 6510 Property Records and Inventory to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 6510 Property Records and Inventory to the Board for a first read. BP 6515 MAINTENANCE There was no constituent feedback on the sunset proposal of BP 6515 Maintenance. A motion was made by Mike Richards and seconded by Bob Brown to send the sunset proposal for BP 6515 Maintenance to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send the sunset proposal for BP 6515 Maintenance to the Board for a first read. BP 6516 CARE OF COLLEGE PROPERTY There was no constituent feedback on the sunset proposal of BP 6516 Care of College Property. A motion was made by Mike Richards and seconded by Mark Renner to send the sunset proposal of BP 6516 Care of College Property to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send the sunset proposal of BP 6516 Care of College Property to the Board for a first read. BP AND AP 6520 SECURITY OF DISTRICT PROPERTY There was no constituent feedback on BP and AP 6520 Security of District Property. A motion was made by Bob Brown and seconded by Mike Richards to send BP and AP 6520 Security of District Property to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP and AP 6520 Security of District Property to the Board for a first read. ADJOURN President Kathy Smith adjourned the meeting at 4:50 p.m. College Council Agenda August 5, 2013 Page 9 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 2220 COMMITTEES OF THE BOARD The Board may by action establish committees that it determines are necessary to assist the Board in its responsibilities. Any committee established by board action shall comply with the requirements of the California Public Meetings Act and with these policies regarding open meetings. Board ad hoc committees that are composed solely of less than a quorum of members of the Board and do not have authority that may lawfully be exercised by the Board itself, are not required to comply with the California Public Meetings Act, or with these policies regarding open meetings. Board committees have no authority or power to act on behalf of the Board. Findings or recommendations shall be reported to the Board for consideration. Board committees shall be appointed by the President of the Board. Committee terms shall end upon completion of the task. See Administrative Procedure AP 2220 Reference: Government Code Section 54952 Adopted by Board of Trustees: 9/11/05 Former Bylaw #005: “Organization,” Adopted by Board of Trustees: 8/15/77 Amended: 4/4/83, 2/2/87, 12/5/88, 1/8/90, 1/11/93 College Council Agenda August 5, 2013 Page 10 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 2220 COMMITTEES OF THE BOARD Board ad hoc committees shall be appointed by the President of the Board at a Board meeting and shall comprise less than half of all the membership of the Board, plus other staff and lay people as may be appointed. The first Board member appointed to the ad hoc committee shall have the responsibility of convening the committee’s first meeting, at which the ad hoc committee members shall select a chair. The President of the Board may not appoint herself or himself to an ad hoc committee. At their first meeting, ad hoc committee members shall select a chair. At the time of appointment, the President of the Board shall specify the task of the committee. The committee shall dissolve and members’ terms shall end upon completion of the specified task. Ad hoc committees are not required to comply with the California Public Meetings Act or with Board policies regarding open meetings. Each ad hoc committee, its members, and its task shall be listed on the Board’s web page, along with its date of appointment and, as it occurs, its date of task completion. Standing Committees A standing committee is a Board-appointed committee that has continuing jurisdiction over a particular subject matter (e.g., budget, finance, legislation) or that has the committee’s meeting schedule fixed by formal action of the Board. A standing committee shall comply with the requirements of the California Public Meetings Act and with Board policies regarding open meetings, as well as follow all Board policies and protocols. A standing committee shall convene within the first month of its appointment and select a chair. Each standing committee, its members, and its jurisdiction shall be listed on the Board’s web page, along with its date of appointment. The Board has the following standing committee(s): Audit and Finance Committee [Unfinished—Needs input from current Audit Committee and maybe from Board—first send to Trustee Biggin] The Audit and Finance Committee is a standing committee of the Board and shall comprise less than half of all the membership of the Board, plus other staff and lay people as may be appointed by Board action. The Audit and Finance Committee members shall College Council Agenda August 5, 2013 Page 11 be appointed at the annual organizational meeting of the Board. At the first meeting of the committee after the annual appointment of its members, the members shall elect a chair. The Audit and Finance Committee shall act in an advisory role to the Board in carrying out its oversight and legislative responsibilities as they relate to the District's financial management. In this capacity the Audit and Finance Committee will: Review and monitor budget and financial material and reports related to financial matters, including bonds, certificates of participation, and other funding instruments, to come before the Board of Trustees. Monitor the external audit selection and engagement process. Review independent audit reports and monitor follow-up activities. Consult with independent auditors regarding accounting, fiscal, and related management issues. Monitor operational reviews, findings, and recommendations and follow-up activities. Approved by the Board of Trustees: College Council Agenda August 5, 2013 Page 12 Covered by BP 5400 REDWOODS COMMUNITY COLLEGE DISTRICT BP 3261 Board Policy Number Update only from Board of Trustees Policy No. 514 STUDENT PARTICIPATION IN COLLEGE GOVERNANCE The Board believes that students should have the opportunity to participate effectively in district and college governance. The Board further recognizes that: 1. As an institution fundamental to the operation of a democratic society, the district and college should strive to exemplify the democratic ideal of citizen participation in decision making. 2. As part of their educational development, students should assume the responsibility of planning and executing the activities of the district and college. 3. Students are a valuable resource whose contribution can materially aid and benefit the district and college. The Board directs that students be invited to participate in administrative decision-making in the following areas: 1. Formulation and development of district policies and procedures that have or will have a significant effect on students. Such matters include: a. b. c. d. e. f. g. h. i. j. grading policies; codes of student conduct; academic disciplinary policies; curriculum development; courses or programs that should be initiated or discontinued; processes for institutional planning and budget development; standards and policies regarding student preparation and success; student services planning and development; student fees within the authority of the district to adopt; and any other district and college policy, procedure, or related matter that the Board or the President determines will have a significant effect on students. Students who participate in the governance of district and college may be duly selected representatives of the student government organization, students appointed by the President or designee, or such students who may volunteer. The Board shall make all decisions mandated to it by law and shall have full and ultimate responsibility for the governance of the College. College Council Agenda August 5, 2013 Page 13 Covered by BP 5400 Former Board of Trustees Policy No. 514, number change only on July 10, 2012 Adopted by the Board of Trustees: August 15, 1977 Amended: October 3, 1994 College Council Agenda August 5, 2013 Page 14 REDWOODS COMMUNITY COLLEGE DISTRICT BP 3550 Board Policy Number Update only from Board of Trustees Policy No. 813 DRUG-FREE ENVIRONMENT AND DRUG PREVENTION PROGRAM The District shall be free from the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in all facilities under the control and use of the District. Any student or employee who violates this policy will be subject to sanctions (consistent with local, state, or federal law) up to and including expulsion or termination of employment and referral for prosecution. The President/Superintendent shall assure that the District distributes annually to each student and employee the information required by the Drug-Free Schools and Communities Act Amendments of 1989 and complies with other requirements of the Act. See Administrative Procedure AP 3550. The District is committed to maintaining a drug-free workplace in accordance with the requirements of the U.S. Drug-Free Workplace Act of 1988. The District certifies that it will provide a drug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Making it a requirement that each employee be given a copy of the statement required by paragraph A; C. Notifying the employee that the employee will: 1. Abide by the terms of the statement; 2. Notify within ten days; D. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The District's policy of maintaining a drug-free workplace; 3. Drug counseling, rehabilitation, and employee assistance program; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. College Council Agenda August 5, 2013 Page 15 E. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs A,B,C,D, and E. Former Board of Trustees Policy No. 813, number change only on June 5, 2012 Adopted by Board of Trustees: August 7, 1989 Amended: November 6, 1989 College Council Agenda August 5, 2013 Page 16 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure RAFT AP 3550 DRUG FREE ENVIRONMENT AND DRUG PREVENTION PROGRAM The District is committed to providing its employees and students with a drug free workplace and campus environment. It emphasizes prevention and intervention through education. Counseling and referral information for Humboldt County are available to students in the College Student Health Center, or in the Counseling office. Students may also be referred to a 24- hour hotline for the National Center for Substance Abuse and Treatment at 1-800-662-4357. Students and employees may also be encouraged to enroll in relevant classes that are part of the regular curriculum. Prohibition of Drugs The unlawful manufacture, distribution, dispensing, possession or use of alcohol or any controlled substance is prohibited on District property, during District-sponsored field trips, activities or workshops, and in any facility or vehicle operated by the District. Violation of this prohibition will result in appropriate action up to and including termination of employment, expulsion, and referral for prosecution, or, as permitted by law, may require satisfactory participation in an alcohol or drug abuse assistance or rehabilitation program. As a condition of employment, employees must notify the District within five days of any conviction for violating a criminal drug statute while in the workplace. The District is required to inform any agencies that require this drug-free policy within ten days after receiving notice of a workplace drug conviction. Annually, the District shall distribute to each student and employee: Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities; A description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol; A description of the health risks associated with the use of illicit drugs and the abuse of alcohol; A description of any drug or alcohol counseling, treatment, or rehabilitation or reentry programs that are available to employees or students; and A clear statement that the institution will impose sanctions on students and employees (consistent with local, state, and federal law), and a description of those sanctions, up to and College Council Agenda August 5, 2013 Page 17 including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct. The college shall review biennially their drug prevention program to determine its effectiveness and implement changes to the programs if needed. No previous AP. College Council Agenda August 5, 2013 Page 18 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3900 SPEECH: TIME, PLACE AND MANNER Students, employees, and members of the public shall be free to exercise their rights of free expression, subject to the requirements of this policy. The college is a non-public forum, except for those areas that are designated public forums available for the exercise of expression by students, employees, and members of the public. The President/Superintendent shall enact such administrative procedures as are necessary to reasonably regulate the time, place, and manner of the exercise of free expression in the designated public forums. The administrative procedures promulgated by the President/Superintendent shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards, the distribution of printed materials or petitions in those parts of the college designated as areas generally available to students and the community, and the wearing of buttons, badges, or other insignia. Speech shall be prohibited that is defamatory, obscene according to current legal standards, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District property or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District. Nothing in this policy shall prohibit the regulation of hate violence directed at students in a manner that denies their full participation in the educational process (Education Code Section 66301(e)), so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution, and of Section 2 of Article 1 of the California Constitution. Students may be disciplined for harassment, threats, or intimidation unless such speech is constitutionally protected. See Administrative Procedure 3900. References: Education Code Sections 76120 and 66301 FREE EXPRESSION BY STUDENTS 1. Freedom of speech and assembly and an educated citizenry are the cornerstones of democracy. An educational institution in a society governed according to these principles has a special responsibility to educate its students and its community so that free 1 College Council Agenda August 5, 2013 Page 19 discussion, assembly, and the curious mind will remain viable instruments of intelligent self-direction. 2. The college community must provide an atmosphere in which its citizenry can examine ideas and learn to discriminate among them. Such discriminations can be made only on the basis of free inquiry, which entails the analysis of issues, the weighing of evidence, and the recognition of fact and fallacy. The cultivation of such inquiry is a special responsibility of the school, the assumption being that truth will prevail in the marketplace of ideas. 3. For these reasons freedom of speech and assembly will be encouraged at College of the Redwoods as the fundamental prerequisites of free inquiry and free discussion. In keeping with these basic American principles, students, faculty members, and administrators are free to bring to the campus a diversity of viewpoints reflecting the variety of opinions to be found in our society as a whole. 4. These freedoms are accompanied by responsibilities, both legal and academic. All in the college community have the responsibility of assuring that an open atmosphere prevails on campus, that the expression of any shade of opinion is respected, that speakers are not interrupted or harassed, and that language, acts, or displays that would seriously offend significant numbers of people be avoided as being a deterrent to meaningful dialogue and growth. 5. All in the college community must remember that the disruption of the normal functions of any class, meeting, office, or facility, the threat of intimidation or physical coercion, and the use of libelous or purely obscene language, acts, or displays are not allowed by law and are, therefore, not protected by this policy of freedom of speech. 6. Students who neglect to observe these principles shall be subject to suspension or expulsion under the district student code of conduct or applicable penal code sections. Faculty members who disregard these guidelines are subject to appropriate professional action. The Board, through the administration, will enforce the applicable laws. Policy for Speakers on Campus A. Classroom Guest Speakers Refer to Board Policy 116 and Administrative Regulation 116.01 for guidelines covering classroom guest speakers. B. Open Meeting (one which is open to the general public) The presentation of any speaker or program in an open meeting shall have the prior approval of the appropriate area administrator, who shall assume the responsibility for the invitation and supervise the physical arrangements. The administrator shall be guided by the policies of the board. Any program conflicting with board policy is subject to cancellation. 2 College Council Agenda August 5, 2013 Page 20 C. Campus Guest Speakers Refer to Board Policy 117 and Administrative Regulation 117.01 for guidelines covering campus guest speakers. D. Club Meeting The presentation of any speaker or program initiated by a student club or recognized student organization shall have the approval of the student activities coordinator and faculty advisor of that club or organization. E. Open Mike Forum for Students and Employees of the District An appropriate location will be designated for presentation (formal and informal) by faculty members, students, administrators, trustees, or members of the classified staff of the college. The open mike activities are confined to members of the college community or approved off-campus guest(s) (see Section C above). Any organization or individual wishing to be assured time should make arrangements with the Vice President of Student Services or designee. A statement prepared by the district counsel, including reminders of fair play and libelous, slanderous or illegal actions, will be brought to the attention of users of the facility. Dissemination of Information Every bulletin board on campus will be assigned as open or closed by the Vice President of Student Services or designee after consultation with the department or individual involved. A closed bulletin board will signify that it will be used only for department matters. An open board will signify that literature may be posted under the jurisdiction of the respective division administrator. Any CR student, faculty member, administrator, board member, or classified staff member may post or distribute literature at the kiosks and/or other designated areas upon the approval of the Vice President of Student Services or designee. Materials that may be libelous, slanderous, or that may prompt illegal actions may not be approved. Any off-campus group or individual will not be allowed to post or pass out material without approval of the Vice President of Student Services or designee. Former Board of Trustees Policy No. 524, number change only on July 10, 2012 Adopted by the Board of Trustees: August 15, 1977; July 17, 1978; June 1983 Amended: October 3, 1994 3 College Council Agenda August 5, 2013 Page 21 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3900 SPEECH: TIME, PLACE AND MANNER The students and employees of the District and members of the public shall be permitted to exercise their rights of free expression subject to the time, place, and manner policies and procedures contained in Board Policy 3900 and these procedures. The college is a non-public forum, except for the following areas, which are reserved for expressive activities which do not violate District policy and which are lawful: Student Union, outside the confines of the Learning Resource Center, and Administration/Student Services Building. These areas are chosen so as to provide visibility and allow communication to a large number of students, administrators, faculty, and others walking or traveling on campus but also so as not to disrupt educational and other activities of the District on behalf of students: These areas are designated public forums. The District reserves the right to revoke that designation and apply a non-public forum designation. The District reserves the right to designate areas as non-public forums as necessary to prevent the substantial disruption of the orderly operation of the college. Areas of the college that are non-public forums specifically include campus offices, classrooms, warehouses, maintenance yards, or locker rooms, and any other area not specified above. The use of these areas reserved and open for expressive activities is subject to the following: Persons using and/or distributing material in the areas shall not impede the progress of passersby, nor shall they force passersby to take material. No person using the areas shall touch, strike or impede the progress of passersby, except for incidental or accidental contact or contact initiated by a passerby. Persons using areas shall not use any means of amplification that creates a noise or diversion that disturbs or tends to disturb the orderly conduct of the campus or classes. Non-student, community groups wishing to engage in speech or expressive activities on campus, in the areas designated as public forums, must provide notification to the District through President/Superintendent or designee not more than three business days in advance of the activities and must describe the nature of the planned activities. No illegal activities will be permitted, no activities which violate District or campus rules, including rules and laws on illegal harassment and discrimination, and none that will substantially interfere with or disrupt activities already scheduled for that day and time in the designated areas. All persons using the areas that are designated public forums shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Such distribution shall take place only within those areas. Material distributed in the areas that is discarded or dropped in or around the areas other than in an appropriate receptacle must be retrieved and removed or properly discarded by those persons distributing the material prior to their departure from the areas that day. 1 College Council Agenda August 5, 2013 Page 22 Posting Bulletin boards shall be provided for use in posting materials at campus locations convenient for use by students, staff, and members of the public. All materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production and shall be dated with the date of posting by the CSSO. Materials displayed shall be removed after the passage of ten days. References: Education Code Sections 76120 and 66301 No prior procedure (replaces BP 524 Free Expression by Students). 2 College Council Agenda August 5, 2013 Page 23 No longer required; description of general services and office procedures REDWOODS COMMUNITY COLLEGE DISTRICT BP 4041 Board Policy Number Update only from Board of Trustees Policy No. 525 TUTORIAL SERVICES Recognizing the fact that some students may need special assistance with their academic endeavor, the Board of Trustees hereby authorizes the establishment of a tutorial program. The College will maintain a tutorial center, develop a program for employing tutors to assist qualified students and actively seek funds to provide tutoring services at the main campus, as well as branch locations, providing the administration demonstrates its economic feasibility and imposes a realistic spending limit annually. The program will be designed to provide academic support, help develop self-confidence in students, assist in the development of study skills and help create an atmosphere that assists students to adjust to College. Former board of Trustees Policy No. 525, number change only on July 10, 2012 Adopted by the Board of Trustees August 15, 1977 College Council Agenda August 5, 2013 Page 24 No longer required; description of general services and office procedures REDWOODS COMMUNITY COLLEGE DISTRICT AP 4041 Administrative Procedure Number Update only from Administrative Regulation No. 525.01 TUTORIAL SERVICES 1. All tutoring will take place under authorized supervision. The tutorial center will be used for all tutoring unless otherwise approved by the tutorial office. On branch campuses, supervision will be arranged through the resident coordinator. 2. All students seeking tutorial services must complete a request for tutorial assistance form, have it signed by a faculty member, and return the form to the Student Support Service office (T-90). 3. All prospective tutors must complete a tutor recommendation by instructor form and return the form to Student Support Services office (T-90). 4. An interview will be conducted with the tutor and tutee and only then will the tutoring schedule be approved. Students shall have the written approval prior to commencing the tutoring. Branch campus students may receive this approval at the branch office. 5. Time cards shall be initialed by the tutorial center supervisor or clerk after each tutoring session. At the end of each month the card shall be returned to the Student Support Services office (T-90), after being signed by the tutor. 6. All tutorial programs, district, vocational, veteran, E.0.P.S., etc., must comply with the previously listed regulations. 7. The tutor may not be a member of the tutee's family or household. Former Administrative Regulation No. 525.01, number change only on July 10, 2012 College Council Agenda August 5, 2013 Page 25 No longer required – lists services REDWOODS COMMUNITY COLLEGE DISTRICT BP 5001 Board Policy Number Update only from Board of Trustees Policy No. 536 STUDENT SERVICES PROGRAMS POLICY The Board of Trustees recognizes that the educational development of students may require additional support beyond that which is available in the classroom. Therefore, the Board authorizes the President or designee to develop and maintain comprehensive and integrated student services programs dedicated to benefiting eligible students pursuing a meaningful educational experience. Administrative regulations shall be developed and published stating the principles, procedures, requirements, and outcome indicators that may apply to each authorized program. Former Board of Trustees Policy No. 536, number change only on July 10, 2012 Approved by the Board of Trustees: November 7, 1994 College Council Agenda August 5, 2013 Page 26 No longer required – lists services REDWOODS COMMUNITY COLLEGE DISTRICT AP 5001 Administrative Procedure Number Update only from Administrative Regulation No. 536.01 STUDENT SERVICES PROGRAMS REGULATION The Board of Trustees authorizes the President or designee to develop and maintain a program of student services dedicated to the support of successful student outcomes. The programs and each governing citation are: Authorized Program Governing Citation 1. 2. 3. 4. Admissions and Records Education Code Sections 66011 and 76200 Assessment Services Education Code Section 78213 Counseling Services Education Code Section 72620 Disabled Students Program & Services Education Code Section 67310, Title V Section 56020 5. Extended Opportunity Program & Services Education Code Section 69640, Title V Section 56200 6. Student Housing Education Code Section 81670 7. Child Development Center Education Code Section 79120 8. Student Activities/Government Education Code Section 76060 9. Financial Aid/Scholarship Education Code Section 66021; Higher Education Action of 1965, as amended, and Donor requirements 10. Veterans Services Veterans Education Act Sections 901 and 902, Chapters 30, 31, 32, 34, 35, and 106, 11. Upward Bound Higher Education Act of 1965, as amended 12. Career Job Placement Education Code Sections 72620 and 70901 13. Workability III Federal Vocational Rehabilitation Act of 1973, as amended 14. Health Services Education Code Section 76408, Title V Section 54700 15. Transfer Services Education Code Section 66010.4, Title V Section 54700 16. Title IV Disadvantaged Student Services Higher Education Act of 1965, as amended 17. Job Training Partnership Act (JTPA) Job Training Partnership Act of 1982, as amended 18. Matriculation Services Education Code Section 78120, Title V Section 55500 19. Cooperative Agencies Resources for Education Code Section Education Program (CARE) 71950 Specific procedures will be developed and maintained by the appropriate area managers to ensure the proper administration of each program or service. Former Administrative Regulation No. 536.01, number change only on July 10, 2012 Approved: November 7, 1994 College Council Agenda August 5, 2013 Page 27 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 5050 MATRICULATION Matriculation brings the student and the District into agreement regarding the student’s educational goal through the District’s established programs, policies, and requirements. The agreement is implemented by means of the student educational plan. Each student, in entering into an educational plan, will do all of the following: express at least a broad educational intent upon admission declare a specific goal no later than the term after which the student completes 15 semester units of degree applicable credit coursework diligently attend class and complete assigned coursework complete courses and maintain progress toward an educational goal cooperate in the development of the student educational plan Matriculation services include, but are not limited to, all of the following: Processing of the application for admission Orientation and pre-orientation services designed to provide to students, on a timely basis, information concerning campus procedures, academic expectations, financial assistance, and any other appropriate matters Assessment and counseling upon enrollment, which shall include, but not be limited to, all of the following: Administration of assessment instruments to determine student competency in computational and language skills Assistance to students in the identification of aptitudes, interests and educational objectives, including, but not limited to, associate of arts degrees, transfer for baccalaureate degrees, and vocational certificates and licenses Evaluation of student study and learning skills Referral to specialized support services as needed, including, but not limited to, federal, state, and local financial assistance; health services; campus employment placement services; extended opportunity programs and services; campus child care services programs that teach English as a second language; and disabled student services Advisement concerning course selection Post-enrollment evaluation of each student's progress, and required advisement or counseling for students who are enrolled in remedial courses, who have not declared an educational objective as required, or who are on academic probation. The District shall not use any assessment instrument except one specifically authorized by the Board of Governors of the California Community Colleges. College Council Agenda August 5, 2013 Page 28 Mandatory Assessment, Orientation, and Counseling English and math assessment, new student orientation and counseling are highly recommended for all students, and are mandatory for first-time college students who wish to enroll in their first term, subject to established exemption criteria. Exemption Criteria Students may be exempt from matriculation services if they: Have earned an associate degree or higher (diploma or transcripts required), or Have completed certain coursework at another college (transcripts required), or Will enroll in one course only, with no intention of earning a degree at College of the Redwoods, or will enroll in performance/activity courses only. A student wishing to be exempt from these services based on one of the above criteria or wishing to decline participation must contact the Counseling Office to complete the necessary documentation. Students concurrently enrolled in high school cannot refuse matriculation services. Students who have previously chosen to refuse matriculation services may reconsider and participate at any time. References: Education Code Sections 78210 et seq.; Title 5 Sections 55500 et seq. REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5050 MATRICULATION Matriculation brings the student and the District into agreement regarding the student’s educational goal through the District’s established programs, policies, and requirements. The agreement is implemented by means of the student education plan (SEP). Each student, in entering into an education plan, will do all of the following: • express at least a broad educational intent upon admission • declare a specific goal no later than the term after which the student completes 15 semester units of degree applicable credit coursework • diligently attend class and complete assigned coursework • complete courses and maintain progress toward an educational goal • cooperate in the development of the student education plan Matriculation services include, but are not limited to, all of the following: • Processing of the application for admission • Orientation and pre-orientation services designed to provide to students, on a timely basis, information concerning campus procedures, academic expectations, financial College Council Agenda August 5, 2013 Page 29 assistance, and any other appropriate matters • Assessment and counseling, which shall include, but not be limited to, all of the following: • Administration of assessment instruments to determine student skill level in computational and language skills • Assistance to students in the identification of aptitudes, interests, and educational objectives, including, but not limited to, associate of arts degrees, transfer for baccalaureate degrees, and vocational certificates and licenses • Evaluation of student study and learning skills • Referral to specialized support services as needed, including, but not limited to, federal, state, and local financial assistance; health services; campus employment placement services; extended opportunity programs and services; campus child care services; programs that teach English as a second language; and disabled student services • Advisement concerning course selection • Post-enrollment evaluation of each student's progress, and required advisement or counseling for students who are enrolled in remedial courses, who have not declared an educational objective as required, or who are on academic probation. The District shall not use any assessment instrument except one specifically authorized by the Board of Governors of the California Community Colleges. References: Education Code Sections 78210 et seq.; Title 5 Section 555002 Approved: 5/6/08 Former Administrative Regulation #530.01, “Matriculation Assessment,” Adopted: 11/4/91 Former Administrative Regulation #530.02, “Matriculation Exemptions,” Approved: 11/4/91 Revised: 9/92 Former Administrative Regulation #530.03, “Matriculation Rights and Responsibilities,” Adopted: 11/4/91 College Council Agenda August 5, 2013 Page 30 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 5110 COUNSELING Counseling services are an essential part of the educational mission of the District. The President/Superintendent shall assure the provision of counseling services including academic, career, and personal counseling that is related to the student's education. Counseling shall be required for all first time students who are not exempted from the matriculation process, students enrolled provisionally, and students on academic or progress probation. References: Education Code Section 72620; Title 5, Section 51018 Adopted by Board of Trustees: XX/XX/XXXX Former Policy #110, “Educational and Vocational Counseling,” Adopted by the Board of Trustees: 8/15/77 Amended: 10/3/94 COLLEGE OF THE REDWOODS Board of Trustees Policy No.110 EDUCATIONAL AND VOCATIONAL COUNSELING It shall be the policy of the College to make counseling available to all students through the Student Services Program. The counseling service of each campus shall include, at minimum, academic counseling, career counseling, personal counseling, and coordination with the counseling aspects of other services to students that may exist on the campus, (i.e., DSP&S, EOPS/CARE, VATEA, and Title IV Student Services programs). Education Code Section 72620 College Council Agenda August 5, 2013 Page 31 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5110 COUNSELING The counseling services available in the District’s counseling program include at least the following: Academic counseling, in which the student is assisted in assessing, planning, and implementing his or her immediate and long-range academic goals; Career counseling, in which the student is assisted in assessing his or her aptitudes, abilities, and interests, and is advised concerning the current and future employment trends; Personal counseling, in which the student is assisted with personal, family, or other social concerns, when that assistance is related to the student’s education; Coordination with the counseling aspects of other services to students which exist on campus, including but not limited to those services provided in programs for students with special needs, skills testing programs, financial assistance programs, and job placement services. Counseling services are available to all students on a voluntary basis. Students are required to meet with a counselor under the following conditions: All first-time students who are not exempted from the matriculation process Students on academic and/or progress probation Confidentiality of Counseling Information Information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from a counselor is confidential, and shall not become part of the student record without the written consent of the person who disclosed the confidential information. However, the information shall be disclosed when permitted by applicable law, including but not limited to disclosure as necessary to report child abuse or neglect; reporting to the President/Superintendent or other persons when the counselor has reason to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the student or other persons living in the college community; reporting information to the President/Superintendent or other persons as necessary when the student indicates that a crime involving the likelihood of personal injury or significant or substantial property losses will or has been committed; reporting information to one or more persons specified in a written waiver by the student. References: Education Code Sections 72620 and 72621; Title 5 Section 51018 Approved: Former Administrative Regulation #110.01, “Counseling Services,” Approved: 9/86 Revised: 10/3/94 College Council Agenda August 5, 2013 Page 32 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 110 Administrative Regulation No. 110.01 COUNSELING SERVICES Counseling services will be available at each campus to include: 1. Academic counseling, in which the student is assisted in assessing, planning, and implementing his or her immediate and long-range academic goals (career, vocational, or transfer). 2. Career counseling, in which the student is assisted in assessing his or her aptitudes, abilities, and interests and is advised concerning current and future employment trends. 3. Personal counseling, in which the student is assisted with personal, family, or other social concerns, when the assistance is related to the student's education. 4. Psychological counseling, in which the student is assisted with special counseling (or accommodation) for a psychological or psychiatric disorder or an emotional or mental illness, when the assistance is related to the student's education. 5. Counseling services will be coordinated with other services or programs to meet the special needs of students. These services include (but are not limited to): assessment services, financial assistance program, job placement services, disabled students program, EOPS/CARE program, special populations services, and veterans services. Counseling support will be provided to all students enrolled or during preregistration activities; these services will be integrated within the matriculation process of the district. Approved: September, 1986 Revised: October 3, 1994 College Council Agenda August 5, 2013 Page 33 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy DRAFT BP 5120 TRANSFER CENTER The District incorporates as part of its mission the transfer of its students to baccalaureate level institutions. The District further recognizes that students who have historically been underrepresented in transfer to baccalaureate level institutions are a special responsibility. The President Superintendent shall assure that a transfer center plan is implemented that identifies appropriate target student populations, is designed to increase the transfer applications of underrepresented students and complies with law and regulations. See Administrative Procedures 5120. References: Education Code Sections 66720 – 66744; Title 5 Section 51027 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5120 Number Update only from Board of Trustees Policy No. 535 TRANSFER CENTER The Board of Trustees recognizes transfer as one of its primary missions and places priority emphasis on the preparation and transfer of underrepresented students in the transfer process. The Board directs the Administration and the Academic Senate to develop, adopt, and maintain a Transfer Center Plan describing the activities of the Transfer Center and the services to be provided to students, including these basic standards: 1. Increase the number of transfer applications for underrepresented students compared to the number of transfer students in general. 2. Develop a plan in consultation with personnel at four-year colleges and universities. 3. Develop a plan of institutional research for ongoing internal evaluation of the effectiveness of the district's transfer efforts and the achievement of the Transfer Center Plan. 4. Develop a Transfer Center Plan with the minimum program standards as a guide only. Former Board of Trustees Policy No. 535, number change only on July 10, 2012 Adopted by the Board of Trustees: October 3, 1994 1 College Council Agenda August 5, 2013 Page 34 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 5120 TRANSFER CENTER The District has a transfer center plan that complies with the requirements of Title 5. The plan identifies appropriate target student populations and is designed to increase the transfer applications of underrepresented students among transfer students. Plan components include, but are not limited to: Services to be provided to students Facilities Staffing An advisory committee Evaluation and reporting Transfer path requirements for each articulated baccalaureate major The Transfer Center Plan is updated every two years. References: Education Code Sections 66720-66744; Title 5 Section 51027 No previous administrative procedure. 1 College Council Agenda August 5, 2013 Page 35 REDWOODS COMMUNITY COLLEGE DISTRICT BP 5200 Board Policy Number Update only from Board of Trustees Policy No. 523 STUDENT HEALTH SERVICES Student health services shall be provided in order to contribute to the education aims of students by promoting physical and emotional well being through health oriented programs and services. The Board of Trustees recognizes the value of providing health services to students on campus, and believes in the concept that good health is essential to the learning process, therefore, the overall goals of the Student Health Services should be to promote the student's ability to maintain health, adjust to the college environment, develop and strengthen health habits which will be of lasting value to the individual. References: Education Code sections 72244, 72246, 76401 College Council Agenda August 5, 2013 Page 36 COLLEGE OF THE REDWOODS Administrative Procedure AP 5200 STUDENT HEALTH SERVICES Any information of a personal nature disclosed by a student (or the parent or guardian of a patient 12 years of age or older) in the process of receiving care from a health professional is confidential with exceptions as dictated by law. Scope of Services The Student Health Center provides short-term basic care and services necessary for the treatment of acute illnesses and injuries; immunization and testing, health promotion, and personal risk management. Personnel At minimum, management shall be provided by a registered nurse who possesses a valid California license to practice as a registered nurse and either a bachelor’s degree in nursing; or a California Public Health Nurse certificate Medical Records Medical treatment records shall be afforded protected status in accordance with HIPAA regulations. Records shall not be released without the written consent of the patient, with exceptions as prescribed by law. Information concerning a patient shall be furnished in compliance with a court order or a lawfully issued subpoena. A reasonable effort shall be made to notify the patient in advance of compliance with a lawfully issued subpoena. Medical treatment records shall be stored in compliance with state and federal guidelines. Student Health Fee Waiver Students enrolling in credit classes in the District are assessed a health fee which enables them to utilize the services provided by Student Health Services. As provided in Education Code, Section 76355, students who meet any of the following conditions may be exempted from paying the fee: are a part of an approved apprenticeship program; are dependent children or spouses of members of the California National Guard who are killed or permanently disabled while in the active service of the state; or active members, supported by written verification, of a religious organization that depends exclusively upon prayer for healing. Reference: Education Code Section 76401 No prior Administrative Procedure. College Council Agenda August 5, 2013 Page 37 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 1100 THE REDWOODS COMMUNITY COLLEGE DISTRICT The District has been named the Redwoods Community College District. The name is the property of the District. No person shall, without the permission of the Board, use this name or the names of any colleges or other facilities of the District, or any abbreviation of them, to imply, indicate, or otherwise suggest that an organization, product, or service is connected or affiliated with, or is endorsed, favored, supported, or opposed by, the District. The District consists of the following college and education centers: College of the Redwoods, Eureka Main Campus College of the Redwoods, Del Norte Education Center College of the Redwoods, Mendocino Coast Education Center The District also offers programs and courses at additional instructional sites throughout the District to best address the needs of District students, and these sites include, but are not limited to: College of the Redwoods, Bianchi Farm (Shively) College of the Redwoods, Community Education (Downtown Eureka) College of the Redwoods, Fine Woodworking Program (Fort Bragg) College of the Redwoods, Garberville Instructional Site College of the Redwoods, Klamath-Trinity Instructional Site College of the Redwoods, McKinleyville Instructional Site College of the Redwoods, Arcata Instructional Site College of the Redwoods, Eureka Downtown Instructional Site College of the Redwoods, Southern Humboldt Instructional Site Reference: Education Code Section 72000(b); Elections Code Section 18304; Standard IV.A.4; BP 2100 ‘Board Elections’ Amended: 12/06/2011Adopted by Board of Trustees: June 1, 2004 Former Bylaw No. 001: Name and Classification Adopted by Board of Trustees: August 15, 1977 Amended: January 11, 1993 College Council Agenda August 5, 2013 Page 38 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 2010 BOARD MEMBERSHIP The Board shall consist of nine members elected by the qualified voters of the District. Members shall be elected by trustee areas as defined in Board Policy 2100. It is necessary for such a person to be a resident in the trustee area which he or she will represent if elected. Any person who meets the criteria contained in law is eligible to be elected or appointed a member of the Board. An employee of the District may not be sworn into office as an elected or appointed member of the governing board unless he or she resigns as an employee. No member of the governing board shall, during the term for which he or she is elected, hold an incompatible office. Reference: Education Code Sections 72022, 72023, 72103, 72104 Adopted by Board of Trustees: 9/11/05 Former Bylaw #004: Membership, Adopted by Board of Trustees: 2 2/82 Amended: 9/17/84, 6/6/88, 1/11/93, 7/12/93, 12/5/94, 12/6/97, 12/9/03, 12/7/04 College Council Agenda August 5, 2013 Page 39 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 2110 VACANCIES ON THE BOARD Vacancies on the Board may be caused by any of the events specified in Government Code Section 1770 or any applicable provision in the Elections Code, or by a failure to elect. Resignations from the Board shall be governed by Education Code Section 5090. Within 60 days of the vacancy or filing of a deferred resignation, the Board shall either order an election or make a provisional appointment to fill the vacancy. If an election is ordered, it shall be held on the next regular election date not less than 130 days after the occurrence of the vacancy. If a provisional appointment is made, it shall be subject to the conditions in Education Code Section 5091. The person appointed to the position shall hold office only until the next regularly scheduled election for district governing board members, when the election shall be held to fill the vacancy for the remainder of the unexpired term. The provisional appointment will be made by a majority public vote of the Board members at a public meeting. The President/Superintendent shall establish administrative procedures to solicit applications that assure ample publicity to and information for prospective candidates. The Board will determine the schedule and appointment process, which may include interviews at a public meeting. See Administrative Procedures AP 2110. Reference: Education Code Sections 5090, et seq., Government Code 1770, 6061, 72103 Accreditation Standard IV.B. Adopted by Board of Trustees: 9/11/05 Former Bylaw #004: Membership, Adopted by Board of Trustees: 2 2/82 Amended: 9/17/84, 6/6/88, 1/11/93, 7/12/93, 12/5/94, 12/6/97, 12/9/03, 12/7/04 College Council Agenda August 5, 2013 Page 40 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 2110 VACANCIES ON THE BOARD When the Board determines to fill the vacancy by appointment, the President/Superintendent shall assure that there is ample publicity to and information for prospective candidates. Publicity shall include posting in three public places in the District and publication in a newspaper of general circulation. In addition, the President/Superintendent shall assure there is ample publicity in the trustee area where the vacancy has occurred. The posted notice of vacancy shall include directions regarding applications or nominations of legally qualified candidates. Persons applying or nominated must meet the qualifications required by law for members of the Board. Persons applying for appointment to the Board shall receive a letter from the President/Superintendent containing information about the District and the Board, and including a candidate information sheet to be completed and returned by a specific date. The Board may request personal interviews with candidates. Interviews will be conducted in a public hearing scheduled for that purpose. Each Board member will review all candidate information sheets, with final selection made by a majority vote of the Board members at a public meeting. Whenever a provisional appointment is made, the Board shall, within 10 days of the provisional appointment, post notices of both the actual vacancy or the filing of a deferred resignation and the provisional appointment in three public places in the District. It shall also publish a notice in a newspaper of general circulation. In addition, the President/Superintendent shall post notices in the trustee area where the vacancy has occurred. The notice shall state the fact of the vacancy or resignation and the date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. It shall also contain the full name of the provisional appointee to the board, the date of appointment, and a statement that unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment. A provisional appointment confers all powers and duties of a governing board member upon the appointee immediately following his or her appointment. A person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for governing board members. An election shall be held to fill the vacancy for the remainder of the unexpired term. A person elected at an election to fill the vacancy shall hold office for the remainder of the term in which the vacancy occurs or will occur. College Council Agenda August 5, 2013 Page 41 Reference: Education Code Section 5090 et seq.; Government Code Section 1770, 6061, 72103 Approved: 9/11/05 Former Bylaw #004: Membership, Adopted by Board of Trustees: 2 2/82 Amended: 9/17/84, 6/6/88, 1/11/93, 7/12/93, 12/5/94, 12/6/97, 12/9/03, 12/7/04 College Council Agenda August 5, 2013 Page 42 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3300 Number Update only from Board of Trustees Policy No. 801 PUBLIC RECORDS The Board recognizes the importance of public records as the official record of the acts of this public body, and its responsibility to make those records, with certain exceptions, available to the public. For purposes of this policy, "public record" shall include all records required by law or this Board to be maintained or kept on file by this Board or its officials, except that public records shall not include personnel records, records carrying information regarding individual students, records pertaining to an investigation in progress when the inspection of such records would be inimical to the public interest, records pertaining to the pending acquisition of land, instructions given to a Board negotiator, and rosters of students except as they are released by the Board to recognize student achievement. The Board directs that all records of this District be made, maintained, and safeguarded in full compliance with the requirements of law. Any citizen of the state who has an interest in the public records of this Board may inspect and copy them during the regular business hours of the District provided he has submitted a written request in advance of such inspection specifying those records which he wishes to inspect. Ed. Code: 72600 et seq.; Govt. Code: 6250 et seq.; 5 Cal Adm. Code: 450, 16020 et seq. Former Board of Trustees Policy No. 801, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977 College Council Agenda August 5, 2013 Page 43 COLLEGE OF THE REDWOODS Administrative Procedure AP 3300 PUBLIC RECORDS Members of the public may request to inspect or copy public records. A request by a member of the public may be delivered by the U.S. mail or in person to the designated Public Information Officer. An email, text, or other electronic correspondence from the public shall not be considered an official request to inspect or copy public records. Any request shall identify with reasonable specificity the records that are sought. If additional information is needed, the Public Information Officer may request it be provided in writing. Any request to inspect records shall be made sufficiently in advance of the date of inspection to allow staff members time to assemble the records and identify any records that may be exempt from disclosure. Public records are open to inspection at all times during the office hours of the District. A person may receive a copy of any identifiable public record upon payment of fees for direct costs of duplication or applicable statutory fee. An exact copy shall be made unless impracticable to do so; computer data shall be provided in a form determined by the District. The District may respond to any public records request by email and may comply with any public records request by providing electronic copies of requested records. Records that are exempt from disclosure under the Public Records Act or any other provision of law may not be inspected or copied by members of the public. Social security numbers must be redacted from records before they are disclosed to the public. Members of the public shall be assisted in identifying records or information that may respond to their request. Assistance that will be provided includes: the information technology and physical location in which the records exist; practical suggestions for overcoming denial of access to the records or information; and the estimated date and time when the records will be made available. Within ten days, the Public Information Officer will determine whether or not the records can be produced and will communicate the determination to the member of the public requesting the record(s). Note: The Public Records Act presumes that all records of a public agency are public, unless specifically exempted by law. There are now well over a hundred exemptions contained in California law, although most will never apply to a community college district. (See Government Code Sections 6254 et seq. and 6275 et seq.) Any questions about whether a document is exempt should be referred to legal counsel. The most common exemptions for community colleges include: 1. Student records (Education Code Section 76243) College Council Agenda August 5, 2013 Page 44 2. Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding the records clearly outweighs the public interest in disclosure. (Government Code Section 6254(a)) 3. Records pertaining to pending litigation …or to claims…until the pending litigation or claim has been finally adjudicated or otherwise settled. (Government Code Section 6254(b)) 4. Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy (Government Code Section 6254(c)) 5. Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination [except for standardized tests provided for by Education Code Sections 99150 et seq.]. (Government Code Section 6254(g).) 6. The contents of real estate appraisals or engineering or feasibility estimates and evaluations…relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. (Government Code Section 6254(h)). 7. Internet posting of home address or telephone numbers of local elected officials (Government Code Section 6254.21) 8. Home addresses and home telephone number of employees of a school district or county office of education (other than to an agent or family member of the employee, to an officer of another school district when necessary, to an employee organization, or to an agency or employee of a health benefit plan.) (Government Code Section 6254.3) 9. Records regarding alternative investments (i.e. an investment in a private equity fund, venture fund, hedge fund, or absolute return fund; limited partnership, limited liability company or similar legal structure) involving public investment funds, unless already publicly released by the keeper of the information. 10. Information security records, if disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, the District’s information technology system. NEW College Council Agenda August 5, 2013 Page 45 REDWOODS COMMUNITY COLLEGE DISTRICT BP 3310 Board Policy Number Update only from Board of Trustees Policy No. 814 RECORDS MANAGEMENT Redwoods Community College District recognizes the need to develop records to meet county, state, and federal requirements, and to satisfy daily operating requirements. The District also recognizes: the value of most of these records generally decreases rapidly when transactions are completed; some of these should be destroyed when their usefulness has ended; other records have continuing legal, fiscal or historical value for years after their administrative value is exhausted; and other specific records must be permanently retained. A procedure for record management is essential for efficient administration. This includes legal requirements for retaining records. A procedure for management of diversified records minimizes the effort and costs necessary to keep those records of significant value and will maximize the usability of the records. The following objectives for a paperwork management program are suggested by the State Administrative Manual, Section 1602, are adopted for the District, and are intended to control the creation, utilization, maintenance, retention, preservation and disposal of records: 1. Improve administration through efficient correspondence management. This includes forms, reports and file operations. 2. Streamline systems and procedures. 3. Transfer systems and procedures. 4. Destroy records no longer legally required or of significant value for administrative, legal, fiscal, historical or research purposes promptly upon expiration of the appropriate retention period. 5. Ensure the preservation of records with long-term or permanent value. The President/Superintendent is directed to implement this program through the following Administrative Regulation. Former Board of Trustees Policy No. 814, number change only on June 5, 2012 Adopted by Board of Trustees: August 6, 1990 College Council Agenda August 5, 2013 Page 46 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3310 RECORDS RETENTION AND DESTRUCTION The President/Superintendent delegates authority to supervise the classification and destruction of records and electronically stored information (ESI) to the Vice President, Chief Business Officer. Redwoods Community College District (District) must preserve ESI that is relevant to actual or potential litigation pursuant to the Federal Rules of Civil Procedure. The District shall comply with the Federal Rules of Civil Procedure and produce relevant ESI in the form in which it is ordinarily maintained or readily usable. An annual report shall be made to the Board of Trustees regarding the classification and destruction of records and ESI. “Records” means all records, maps, books, papers, data processing output, and documents of the District required by Title 5 to be retained, including but not limited to records created originally by computer and ESI, as that term is defined by the Federal Rules of Civil Procedure. Records shall be classified as required by Title 5 and other applicable statutes, federal and state regulations. District records also include student records. Records shall annually be reviewed to determine whether they should be classified as Class 1 – Permanent, Class 2 – Optional, or Class 3 – Disposable (as defined in Title 5). 1. Class 1-Permanent Records The original of each record listed below or one exact copy, when the original is required by law to be filed with another agency, is a Class 1-Permanent record. It shall be retained indefinitely, unless copied or reproduced, as appropriate. The following annual reports, official actions, student records, and property records: a. Official budget; b. Financial report of all funds, including cafeteria and student body funds; c. Audit of all funds; d. Full-time equivalent student, including Period 1 and Period 2 reports; e. Other major annual reports, including: those containing information relating to property, activities, financial condition, or transactions; and those declared by board minutes to be permanent; f. Minutes of the board or committee thereof, including the text of a rule, regulation, policy, or resolution not set forth verbatim in minutes but included therein by reference only; g. Elections, including the call, if any, for and the result (but not including detail documents, such as ballots) of an election called, conducted, or canvassed by the governing board for a board member, the board member's recall, issuance of bonds, incurring any long-term liability, change in maximum tax rates, reorganizations, or any other purpose; College Council Agenda August 5, 2013 Page 47 h. Records transmitted by another agency that pertain to that agency's action with respect to district reorganization; i. The following personnel records: All detail records relating to employment, assignment, employee evaluations, amount, and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deduction or withholdings made, and the person or agency to whom such amounts were paid. In lieu of the detail records, a complete proven summary payroll record for each employee of the school district containing the same data may be classified as Class 1-Permanent, and the detail records may then be classified as Class 3Disposable; j. The records of enrollment and scholarship for each student. Such records of enrollment and scholarship may include but need not be limited to: name of student, date of birth, place of birth, name and address of a parent having custody or a guardian, if the student is a minor, entering and leaving date for each academic year and for any summer session or other extra session, subjects taken during each year, half year, summer session, or quarter; and if grades or credits are given, the grades and number of credits toward graduation allowed for work taken; k. All records pertaining to any accident or injury involving a student for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1-Permanent records, one year after the claim has been settled or after the applicable statute of limitations has run; l. All detail records relating to land, buildings, and equipment. In lieu of such detail records, a complete property ledger may be classified as Class 1Permanent, and the detail records may then be classified as Class 3Disposable, if the property ledger includes: all fixed assets, an equipment inventory, and for each unit of property, the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and the amount paid, and comparable data if the unit is disposed of by sale, loss, or otherwise. 2. Class 2 - Optional Records Any record worthy of further preservation but not classified as Class 1-Permanent, may be classified as Class 2-Optional. It shall then be retained until reclassified as Class 3-Disposable. If the Vice President, Chief Business Officer, or designee determines that classification should not be made annually, all records of the prior year may be classified as Class 2-Optional, pending further review and classification within one year. a. Purchase Orders, Written Contracts Any purchase orders, contracts, or other documents of this type should be retained for at least five years from the date last performance become due. This is done because any contract in writing may be the subject of a suit within four years after final performance of any act under the contract becomes due. College Council Agenda August 5, 2013 Page 48 b. Financial Records Any records involving financial transactions for which a public officer would become liable for malfeasance or misfeasance of duty should be retained for a period of at least four years. c. Email records Electronic mail (email) includes any message sent or received through or stored on the District’s email servers. Such emails may include, but are not limited to, correspondence and attachments, calendar schedules, and forms transmitted electronically. The District will retain emails and attachments in inboxes, folders, outboxes, etc. on email servers for six (6) months after emails have been received or sent. All emails and attachments remaining on email servers longer than six (6) months will be automatically and permanently deleted. Individuals may save copies of emails and attachments before the six (6) month period expires by transferring them to other electronic environments and media and by copying them on paper. 3. Class 3 - Disposable Records Disposable records shall be maintained for the period required by applicable law or regulation, but in any event shall be retained for at least three college years after the year in which they were originally created. 4. Retention and Destruction of Student Records The retention and destruction of student records, where not otherwise specifically provided for in the Education Code, shall be in accordance with regulations of the Board of Governors that appear in the California Administrative Code. The following documents, listed under Section 59020(b), are not records and may be destroyed at any time: 1. Additional copies of documents beyond the original or one copy. (A person receiving a duplicated copy need not retain it.) 2. Correspondence between District employees that does not pertain to personnel matters or constitute a student record. 3. Advertisements and other sales material received. 4. Textbooks used for instruction, and other instructional materials, including library books, pamphlets, and magazines. Transfer of Records - Student Records Whenever a student transfers to another postsecondary education institution, appropriate records or a copy may be transferred by the District. The student may be notified that records will be transferred upon payment by the student of all fees and charges due. The student shall be notified of the records transfer in accordance with the Education Code and California Administrative Code requirements. Destruction is by any method that assures the record is permanently destroyed, e.g. shredding, burning, and pulping. Approved: 8/6/90 Revised: 11/6/01