Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

e. Plan Component 5: Advisory Committee

i. Legal Requirements

Title 5 requires each district to establish an Equal Employment Opportunity Advisory Committee

to assist the district in developing and implementing the Plan.

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It further requires that advisory

committees “include a diverse membership whenever possible.”

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However, the regulations do

not direct how to compose the committee, nor how the committee must provide assistance.

Interestingly, while advisory committees are charged with assisting with EEO Plan development

and implementation, the regulations do not require that the Advisory Committee, itself, be

addressed in the EEO Plan.

Nevertheless, the

Model Plan

recommends that district EEO Plans describe the role of the

Advisory Committee, and its manner of selection. In particular, the

Model Plan

suggests that

district Advisory Committees should reach out to all constituency groups, to ensure broad-based

support for the district’s EEO Plan, and that in establishing the committee and selecting its

members, the principles of governance should be respected.

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Please note that we refer to

“shared governance” as “participatory governance” throughout this guide.

ii. Implementation

The

Model Plan’s

recommendation that districts reach out to all constituencies is well taken. An

EEO Plan without broad support cannot hope to succeed. However, we also note that the lack of

specificity in the regulations gives districts some flexibility in how to achieve wide

representation on their Advisory Committees. Similarly, the “principles” of participatory

governance can be achieved in a variety of ways. For example, districts and senates can “consult

collegially” on the membership and processes of the Advisory Committee. Alternatively,

districts can appoint the Advisory Committee—which in turn consults with college senates.

We also caution that in developing an inclusive process, districts should not tie their own hands

with respect to their legal duties. Districts will have a mandated timeline to develop EEO Plans.

However, the participatory governance process is often protracted. For the reasons discussed

briefly below, we advise that districts fully involve faculty and classified staff in the formation of

their EEO Advisory Committees and EEO Plans. However, to the extent permitted by law as

discussed below, collegial consultation on the process for EEO Plan development should not be

confused with, or inadvertently provide, veto power over its content.

1. EEO Plans and Participatory Governance

California’s participatory governance regulations require collegial consultation between districts

and academic senates on “academic and professional matters.”

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The regulations also define the

terms “academic and professional matters” and “consult collegially.”

First, the regulations implementing Education Code section 53203 define “academic and

professional matters” as “policy development and implementation matters” concerning the

following 11 enumerated subjects:



Curriculum, including establishing prerequisites and placing courses within

disciplines;