Copyright© 2007 by School Services of California, Inc.

                                      Volume 20                   For Publication Date: April 13, 2007             No. 8

 

By the Way . . .
 

Administrative Reorganizations Not Subject to Consultation with Faculty Senate.  Several years ago, Diablo Valley College, as part of a districtwide reorganization, hired professional deans to replace the part-time faculty division chairs. These chairs had been elected by the faculty members in each division and confirmed by the President. The faculty senate contended that this reorganization could not be done without its consent, so it filed a lawsuit against the district in Diablo Valley College Faculty Senate v. Contra Costa Community College District, et al. The regulations in question were Title V, Sections 53203 and 53200, which require consultation on “district and college governance structures, as related to faculty roles.”   

The California Court of Appeals ruled that collegial consultation was only required when such governance structures are related to faculty roles—such as curriculum or faculty hiring committees—and that the college’s reorganization was not related to such faculty roles. This affirms an opinion issued in 2002 by the Chancellor’s Office, which stated that collegial consultation is only required for “matters that go to the heart of faculty expertise,” and that collegial consultation is only required if a change in the governing structure diminishes the faculty’s ability to perform its unique faculty role, as opposed to management roles that it might be fulfilling.