Academic Senate Resolution
11.06.02
#AS-05-AY0203
Administrative Retreat Rights
At the
Whereas the SOCCCD will be in
noncompliance with Education Code §87458 regarding administrative assignment
into the faculty which reads:
A
person employed in an administrative position shall have the right to become a
first year probationary faculty member once his administrative contract expires
or is terminated if all the following apply:
a)
The process by which the governing board reaches that determination shall be agreed upon jointly by representatives
of the governing board and the academic senate.
The
agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon
the advice and judgment of the academic senate.
The process shall further require that the governing board provide the academic senate with an opportunity to present its views to the governing board before the board makes a
determination and that the written record of the decision including the
views of the academic senate shall be available for review.
Whereas no policy regarding
administrative retreat rights or reassignment which has been jointly agreed
upon between the Board of Trustees and Academic Senate currently exists and
Whereas the Academic Senate has never
been given an opportunity to present its views to the Board of Trustees
regarding the potential reassignment of District Administrators to faculty
positions and
Whereas the SOCCCD will be in violation
of their Administrative Retreat Right policy
which reads:
An
administrator may be reassigned to at minimum a first-year probationary tenure,
track faculty position provided that…At
the time of employment the employee must have been certified by the Academic
Senate as possessing qualifications in a specified discipline or
disciplines similar in experience and education to those expected of a newly
hired faculty member.
Whereas the Academic Senate has never
been asked to certify any current Administrator as required by the above
mentioned SOCCCD policy
BE IT RESOLVED that the Saddleback
College Academic Senate cannot in good conscience support or welcome into the
faculty any administrator assigned into the faculty body until all requirements
as specified by law have been met and
BE IT FURTHER RESOLVED that it is the
advice and judgment of the Saddleback College Academic Senate for the SOCCCD to
refrain from assigning administrators into the faculty until the Board of
Trustees and Academic Senate comply with California Education Code and jointly
agree upon an administrative retreat procedure.