FACULTY SENATE RESPONSIBILITIES WITHIN A COLLECTIVE
COLLEGIALITY AND COLLECTIVE BARGAINING
The California Higher Education Employer-Employee Relations Act (HEERA), (Education Code Section 3560, et. seq.) provides faculty members of the CSU an opportunity to determine whether they wish to be represented by an exclusive agent in negotiations on "wages, hours of employment, and other terms and conditions of employment" (HEERA, Section 3561, r). It also specifies the intent of the Legislature to preserve, under collective bargaining, traditional shared governance mechanisms, including consultation, and the principle of peer review in faculty personnel decisions. These intentions are expressed in Section 3561 b. of the HEERA, which reads as follows:
"The Legislature recognizes that joint decision-making and consultation between administration and faculty or academic employees is the long-accepted manner of governing institutions of higher learning and is essential to the performance of the educational missions of such institutions, and declares that it is the purpose of this act to both preserve and encourage that process. Nothing contained in this chapter shall be construed to restrict, limit or prohibit the full exercise of the functions of the faculty in any shared governance mechanisms or practices including the Academic Senate of the University of California and the divisions thereof, the Academic Senates of the California State University, and other faculty councils, with respect to policies on academic and professional matters affecting the California State University, the University of California, or Hastings College of Law. The principle of peer review of appointment, promotion, and retention, and tenure for academic employees shall be preserved."
This document has been prepared to describe the respective responsibilities of the Academic Senate of the CSU and of local Senates or Councils in this collective bargaining context. The relationships, function, and responsibilities proposed in this document reflect consideration of HEERA, the Constitution of the Academic Senate of the California State University, and tradition and practice in the CSU.
THE TRADITIONAL ROLE OF THE ACADEMIC SENATE IN THE CSU
The Trustees of the California State University approved the Constitution of the Academic Senate on March 8, 1963. Prior to this a majority of the voting faculty at each of a majority of the college campuses had approved the document. Encouragement for the establishment of the system-wide Academic Senate, as well for the creation of an Academic Senate on each campus, came from the Chancellor, members of the Board of Trustees and the California Legislature. The 1961 Legislature adopted the Senate Resolution No. 98 and Assembly Concurrent Resolution No. 78 requesting the Trustees to establish an Academic Senate at each college "wherein the faculty members shall be freely elected by their colleagues for the purpose of representing them in the formulation of policy on academic and professional matters."
Senate Resolution No. 20, which resolved that the Trustees consider establishing an Academic Senate for the CSU system, was under discussion in the Senate Rules Committee when the Senate was created in 1963.
An examination of the Constitution of the Academic Senate CSU, as approved by the Board of Trustees, reveals the official purposes of the Senate:
"It shall be the purpose of the Academic Senate of the California State University to serve as the official voice of the faculties of the California State University in matters of system-wide concern; to consider matters concerning system-wide policies and to make recommendations thereon; to endeavor to strengthen the Senates and Councils of the several colleges; and to assume such responsibilities and to perform such functions as may be delegated to it by the Chancellor or the Trustees of the California State University and Colleges."
Senate participation in academic, professional, and administrative matters during the 18 years of its existence evidences a tradition of shared governance in the CSU and suggests appropriate responsibilities for the Senate under HEERA. The collective bargaining act makes explicit provision for the preservation of this tradition and mandates continuing senate involvement in academic and professional matters. (See HEERA, Section 3561 b., cited above.)
ACADEMIC SENATE PARTICIPATION IN SYSTEMWIDE GOVERNANCE
The Academic Senate shall continue to serve as the official voice of the faculties in system-wide academic and professional matters (the Constitution of the Academic Senate CSU, Article 1, Section 1 a.).
The Academic Senate shall be the formal policy-recommending body on such matters and shall also be the primary consultative body on the academic implications of system-wide fiscal decisions. Normally, recommendations of the Academic Senate shall be addressed to or through the Chancellor.
In respect to system-wide governance, the Academic Senate endorses the following principles:
1. Criteria and standards to be used for the appointment, promotion, evaluation, and tenure of academic employees shall be the joint responsibility of the Academic Senate and the Board of Trustees of The California State University (HEERA, Section 3562 r.). (Criteria and standards determined jointly by the Academic Senate CSU and the Board of Trustees shall be considered minimal; campus senates/councils may recommend additional criteria and standards.)
2. The Academic Senate of the California State University shall be consulted on the creation of system-wide and inter-segmental committees, conferences or task forces designed to deal with educational, professional, or academically-related fiscal matters, including the charge and composition of such bodies. The Academic Senate shall be responsible for the selection of faculty representatives to serve on or participate in such bodies.
3. The Academic Senate of the California State University shall be the formal policy-recommending body on general, system-wide policy decisions related to the following matters:
a. minimum admission requirements for students;
b. minimum conditions for the award of certificates and degrees to students;
c. curricula and research programs;
d. minimum criteria and standards to be used for programs designed to enhance and maintain professional competence, including the awarding of academic leaves; and
e. system-wide aspects of academic planning.
4. The Academic Senate of the California State University shall be consulted on the following:
a. system-wide aspects of program review;
b. system-wide aspects of the basic direction of academic support programs;
c. system-wide policies governing the appointment and review of presidents and academic administrators; and
d. policies governing the appointment and review of system-wide executive officers and academic administrators.
The Academic Senate of the California State University shall not participate in the process of collective bargaining. Normally, matters affecting wages, hours of employment, and other terms and conditions of employment shall not be considered by the Academic Senate. The Academic Senate shall endeavor to ensure that educational and professional matters do not become subjects to bargaining.
CAMPUS SENATE/COUNCIL PARTICIPATION IN GOVERNANCE
The Academic Senate of the California State University shall have no authority over those matters delegated to the individual campuses by the Chancellor or by the Board of Trustees of the California State University. Furthermore, nothing in this document shall be construed to impair the right of academic senates and councils of the several campuses to communicate through appropriate channels with the Chancellor and the Board of Trustees, nor to diminish the authority of the campuses and their senates in campus matters of academic/professional criteria and standards.
Because joint decision-making and consultation between administrators and faculty is essential to the performance of the educational missions of the California State University, the academic senates/councils of the campuses by the Chancellor or by the Board of Trustees of the California State University and shall be consulted on fiscal matters which affect the instructional program.
In respect to campus governance, the CSU Academic Senate endorses the following principles:
1. Responsibility shall be vested in the faculty or its elected senate/council representatives for:
a. approval of degree candidates; and
b. development of policies governing the awarding of grades.
2. Through the campus academic senates/councils responsibility shall be vested in the faculty or its elected senate/council representatives for developing policies and making recommendations to the campus presidents on the following matters:
a. criteria and standards for the appointment, retention, awarding of tenure, promotion and evaluation of academic employees including preservation of the principle of peer evaluation and provision for the direct involvement of appropriate faculty in these decisions;
b. determination of membership in the general faculty;
c. curricular policies, such as admission and degree requirements, approval of new courses and programs, discontinuance of academic programs, and academic standards;
d. faculty appointments to institutional task forces, advisory committees, and auxiliary organizations; and
e. academic standards and academic policies governing athletics.
3. The academic senates/councils shall be the primary source of policy-recommendations to the campus presidents on decisions related to the following matters:
a. establishment of campus-wide committees on academic or professional matters;
b. the academic role of the library;
c. academic awards, prizes, and scholarships;
d. the academic conduct of students and means for handling infractions; and
e. development of institutional missions and goals.
4. The academic senates/councils shall be consulted by the campus presidents concerning:
a. the academic calendar and policies governing the scheduling of classes; and
b. policies governing the appointment and review of academic administrators.
5. This outline of functions and responsibilities is intended to provide the essentials for a satisfactory system of shared governance but should not necessarily be viewed as a comprehensive enumeration of such functions and responsibilities