ACADEMIC SENATE
AGENDA
Tuesday, December 2, 2003
The Santa Monica College Academic Senate will meet in B144 at 11:15 a.m.
Senate agendas are available at www.academicsenate.com
AGENDA
Public Comments:
Information Items:
1. President’s Report -- Lesley Kawaguchi
Possible meeting next Tuesday, Dec. 9
Possible Executive Committee Meeting -- Mon., Jan. 12
Possible full Senate Meeting -- Friday, Jan. 16
2. Smoking issue -- Dana Morgan, co-chair, Environmental Affairs
3. Book prices at SMC bookstore -- Dina Cervantes, A. S.
Action Items:
1. Approval of the minutes of the November 18, 2003, Academic Senate meeting
2. Final approval of revised Sexual Harassment Policy -- Michael Soldatenko, Personnel
Policies, chair
3. Approval of New Certificate and Courses -- Curriculum Committee, Sal Veas, chair
4. Resolution from Information Services Committee -- ISC, Steve Hunt, chair
5. Hayward Award nomination -- Gordon Dossett, Executive Committee, past president
New Business:
Adjournment
TENTATIVELY SCHEDULED MEETING: December 9, 2003 (11-noon) B144
TENTATIVELY SCHEDULED MEETING: January 16, 2004 (11-12:30) B144
NEXT REGULARLY SCHEDULED MEETING: February 24, 2004
Action Items: Dec. 2, 2003
SUBJECT 1: APPROVAL OF THE MINUTES OF NOV. 18, 2003
It is recommended that the minutes from the following meeting of the Santa
Monica College Academic Senate be approved as distributed:
Minutes of the November 18, 2003, Academic Senate Meeting
Present: Suzanne Borghei, Alan D. Buckley, Mary
Colavito, Guido Davis Del Piccolo, Frank Dawson,
Charles Donaldson, Gordon Dossett, Vicky Drake, Tina
Feiger, Gilda Feldman,Laurie Frederic, Dennis Frisch,
Makiko Fujiwara-Skroba, Diane Gross, Janet Harclerode,
Steve Hunt, Sharon Jaffee, Gina Jerry, Lesley
Kawaguchi, William Konga (for John Kennedy), Lucy
Kluckhohn, Deborah Kraut, Fran Manion, Ricky Manoff,
Kymberlyn McBride, Suzanne McDonald, April Mizuki,
Dana Morgan, Pete Morris, Peter Morse, Jim Pacchioli,
Paris Poirier, Anne Powers, Barbara Schelbert, Lantz
Simpson, Michael Soldatenko, Howard Stahl, Elena
Stark, Jim Stramel, Richard Tahvildaran-Jesswein,
Dayna Taus, Gary Todd, Esau Tovar, Marc Trujillo, Sal
Veas, Robert Ware.
Excused: Fran Chandler, Janie Jones, Helen LeDonne,
Sue Ann Pinner, Susan Sterr, David Zehr.
Absent: Brenda Antrim, Barbara Baird, Rory Barnett,
Espy Bolivar-Owen, Roma Brownlie, Katarina Cerovic,
Gwen Dophna, Georgia Farber, Kathy Flynn, Ethan
Gallogly, Lynn Goodin, Christian Hart, John Henderson,
Laura Manson, Moya Mazorow, Richard Mednick, Toni
Randall, Elaine Roque, Vicki Rothman, Saul Rubin, Linda
Webster.
Guests: Fariba Bolandhemat, Robert Flores, Gloria M.
Lopez, Maria Alvarado.
Chair Kawaguchi declared a quorum at 11:23 a.m.
Public Comments: None.
Information Items:
1. President's Report, Lesley Kawaguchi, President
o Diane Gross needs faculty who teach online to join her
Distance Education committee. The Dean of Distance
Education is intending to renew the College's contract
with eCollege without adequate input from faculty
members.
o The State of California requires local Academic Senate
president's to approve college Matriculation reports. In
addition, the Academic Senate president is responsible
for appointing all faculty to all District committees and
task forces, with the exception of those positions
dedicated to representatives of the faculty's sole
collective bargaining unit. President Kawaguchi will meet
with Delores Raveling to discuss faculty representation
on the District Matriculation Committee.
o Laurie Frederic recently reported to the Board of
Trustees on the College's student retention, persistence,
and success initiative. More faculty should try to attend
the Board of Trustee meetings.
o The Academic Senate president was impressed with the
independent leadership of Graham Pope at the recent
Board meeting. Trustee Pope specifically requested more
and better budget information from Vice President
Donner.
o The Academic Senate president was gratified by the
large turnout of SMC faculty at the recent convention of
Santa Monicans for Renters' Rights (SMRR).
o Please distribute the Rostrum to your departments and
faculty colleagues.
o The Applied Music Program will conduct a fundraiser to
benefit our students on November 21, 8 p.m., in the
Concert Hall.
o At the recent Campus Leadership meeting, Dr.
Robertson identified the following as "critical problems"
for the campus:
smoking on campus and its impact on facilities
planning;
tensions between the Muslim Student
Association, Hillel, and the Progressive Students
Alliance;
growing numbers of "disturbed" students in the
classroom.
Some Senators suggested that there might be other,
equally pressing problems on campus of which Dr.
Robertson might be aware if she were able to spend
more time on the Main Campus.
2. Ocupation Program Reviews, Janet Harclerode, chair, Program
Review
o Unlike other academic programs, Occupational programs
are required by the State of California to be reviewed
every other year, not once every six years. Program
Review is working with the affected college programs to
develop a plan to satisfy state requirements.
o In addition, Business Services department has not yet
submitted their self-study to the Committee.
o M/S (Frisch/Donaldson) that the Academic Senate
president should report to the Board of Trustees on the
failure of Business Services submit its self-study.
Approved by a voice vote.
3. Report on Vocational Chairs Meeting, Bob Ware, chair,
Occupation
o The Occupational Programs provided a luncheon for the
Chairs Committee to discuss the need for biennial
program reviews. Advisory boards might be very helpful
in this regard. The Occupational Programs need betters
ways to track their students once they leave the
programs.
4. Sabbaticals Workshops, Sharon Jaffe, Chair, Sabbaticals and
Fellowships
o Workshops will be conducted on November 18 and 20 to
assist faculty in preparing sabbatical applications.
5. Accreditation Update, Gordon Dossett, co-chair, Accreditation
o The incoherence and inconsistency of accreditation
standards have required the College to take a holistic
approach to our self-study, rather than a literal
approach. The Chair of our Visitation team will be the
president of Lake Tahoe College, who is described as a
fair and understanding individual. The Accreditation
Steering Committee has a complete draft of Standard I
(institutional mission and effectiveness), is completing a
second read of the Standard II (student learning
programs and services) draft, and is working on
compiling data for the Standard III (resources) draft.
Standard IV (leadership and governance) has been
difficult to complete because of the confusing nature of
the standard itself as well as the low morale and shared
governance issues on campus. The deadline for
completion of our self-study is January, so feedback on
the existent drafts needs to be received by college
communities by December.
6. Thanksgiving Raffle, Kym McBride, chair, Social Committee
o DVD players and other wonderful gifts will be raffled to
the college community at our annual Thanksgiving Day
celebration. Please purchase raffle tickets.
7. Holiday Potluck, Dana Morgan, co-chair, Environmental Affairs
o A vegetarian pot-luck luncheon will be sponsored by the
Environmental Affairs committee on Thursday,
November 20, at the Environmental Center, 1744 Pearl
Street.
Action Items:
1. Approval of Minutes, October 28, 2003
o M/S (Donaldson/Stramel). Approved unanimously as
perfected.
2. Approval of revised Student Evaluation Form for Distance Education
courses, Diane Gross, chair, Distance Education
o M/S (Stramel/Davis Del Piccolo) to transpose the
wording in criteria No. 2, to read as follows: "Course
content provided by the instructor is clear." Approved
unanimously.
o Main motion as amended approved unanimously.
3. First Reading of Administrative Regulations 4111.4, 4331, and
4332, Gina Jerry, chair, Student Affairs
o M/S (Tovar/Kluckhohn) to approve a first reading of the
changes. Approved unanimously.
4. Approval of New Course and Distanced Education Course, Sal
Veas, chair, Curriculum
o Approved unanimously.
New Business: None.
M/S/approved (Donaldson/Kluckhohn) adjourning at 12:34 p.m.
ACTION ITEM 2: REVISED SEXUAL HARASSMENT POLICY (AR 3121) --
Personnel Policies, Michael Soldatenko, Chair
AR 3121 Sexual Harassment
1. PURPOSE
The Santa Monica Community College District is committed to providing an academic
and work environment free of sexual harassment. This Policy Administrative
Regulation defines sexual harassment and sets forth a procedure for the investigation and
resolution of complaints of sexual harassment by or against any faculty member, staff
employee1[1] or student within the community college District.
Sexual harassment violates state and federal laws, as well as this regulation, and will not
be tolerated. It is also illegal to retaliate against any individual for filing a complaint of
sexual harassment or for participating in a sexual harassment investigation. Retaliation
constitutes a violation of this regulation.
This Administrative Regulation applies to all aspects of the academic environment,
including but not limited to classroom conditions, grades, academic standing,
employment opportunities, scholarships, recommendations, disciplinary actions and
participation in any community college activity. In addition, this Regulation applies to
all terms and conditions of employment, including but not limited to hiring, placement,
promotion, disciplinary action, layoff, recall, transfer, leave of absence, training
opportunities and compensation.
Faculty and staff Employees who violate this Policy Administrative Regulation may, in
accordance with all applicable laws and collective bargaining agreements, be subject to
disciplinary action up to and including dismissal. Students who violate this Policy Administrative
Regulation may, in accordance to with applicable laws and district administrative
regulations, be subject to disciplinary measures up to and including expulsion.
2. DEFINITION
a. Sexual harassment is a form of sex or gender2[2] discrimination that violates
Title VII of the Civil Rights Act of 1964 and Title IX of the Educational
Amendments of 1972. It consists of unwelcome sexual advances, requests for
sexual favors and other conduct of a sexual nature when:
1) submission to the conduct is made a term or condition of an
individual’s employment, academic status or progress;
1[1]
The term “employee(s) as used in this section refers to all faculty, staff, administrators and
managers.
2[2]
The phrase “sex or gender” as used in this section is inclusive of sexual orientation.
2) submission to or rejection of the conduct by the individual
is used as a basis of employment or academic decisions affecting the
individuals;
3) the conduct has the purpose or effect of having a negative
impact upon the individual’s work or academic performance or of
creating an intimidating, hostile or offensive work or education
environment; or
4) submission to or rejection of the conduct by the individual
is used as the basis for decisions affecting the individual regarding
benefits and services, honors, programs or activities available at or
through the college district.
b. There are two (2) types of sexual harassment:
1) “Quid pro quo” (this for that) sexual harassment occurs
when a person in a position of authority makes educational or
employment benefits conditional upon an individual’s willingness to
engage in or tolerate unwanted sexual conduct.
2) “Hostile environment” sexual harassment occurs when
unwelcome conduct based on sex/gender is sufficiently severe or
pervasive so as to alter the conditions of an individual’s learning or
work environment, unreasonably interfere with an individual’s
academic or work performance or create an intimidating, hostile or
abusive learning or work environment. The victim must subjectively
perceive the environment as hostile and the harassment must be such
that a reasonable person of the same gender would perceive the
environment as hostile.
c. Sexual harassment can consist of virtually any form or combination of verbal,
physical, visual or environmental conduct. It need not be explicit or
specifically directed at the individual who is offended. Sexually harassing
conduct can occur between people of the same or different genders. The
standard for determining whether conduct constitutes sexual harassment is
whether a reasonable person of the same gender as the complainant/victim
would perceive the conduct as harassment based on sex/gender.
d. The following romantic or sexual relationships are discouraged: between
1) managers3[3] and employees; 2) managers and students; 3) employees
and students. between managers and employees or faculty, staff and
students are discouraged. There is an inherent imbalance of power and
potential of exploitation in such relationships. A conflict of interest may
arise if the faculty or staff employee must evaluate the student’s work or
make academic decisions affecting the student. A conflict may arise if a
3[3]
In this section, the word “managers” includes department chairs, departmental faculty leaders and
faculty coordinators.
manger must evaluate another employee’s work or make administrative
decisions affecting the employee. The relationship may create an
appearance of impropriety and lead to charges of favoritism by others. A
consensual sexual relationship may change with the result that sexual
conduct which that was once welcome becomes unwelcome and
harassing. By definition, sexual harassment is not within the course and
scope of an individual’s employment with the District.
3. EXAMPLES
a. Sexual harassment includes but is not limited to the following misconduct:
1) Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on
sex/gender. This may include, but not limited to, inappropriate comments regarding
an individual’s body, physical appearance, attire, sexual prowess, marital status or
sexual orientation; unwelcome flirting or propositions; demands for sexual favors;
verbal abuse, threats or intimidation of a sexual nature; or sexist, patronizing or
ridiculing statements that convey derogatory attitudes about a particular gender.
2) Physical: Inappropriate or offensive touching, assault or physical
interference with free movement. This may include, but is not limited
to, kissing, patting, lingering or intimate touches, grabbing, pinching,
leering, staring, unnecessarily brushing against or blocking another
person, whistling or sexual gestures.
3) Visual/Written: The display or circulation of offensive sexually
oriented visual or written material. This may include, but not limited
to, posters, cartoons, drawings, graffiti, reading materials, computer
graphics or electronic media transmissions.
4) Environmental: An academic or work environment that is permeated with sexually-oriented talk, innuendo, insults or abuse
not relevant to the subject matter of the class. A hostile environment can arise from an unwarranted focus on sexual topics or
sexually suggestive statements in the classroom or work environment. An environment may be hostile if unwelcome sexual
behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her
immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances,
including such factors as the frequency or severity of the conduct, whether the conduct is humiliating or physically threatening
or unreasonably interferes with an individual’s academic or work performance.
4. COMPLAINT PROCEDURE
a. The Assistant Dean, Equal Employment Opportunity/Diversity Human
Resources, or designee is responsible for receiving complaints of sexual
harassment and coordinating investigations. Investigations may be assigned
to other trained staff or to outside persons or organizations under contract with
the District and this shall occur when the designated officer if the Assistant
Dean, Human Resources, or designee, is named in the complaint or
implicated by the allegations in the complaint.
b. A student who believes he or she has been sexually harassed may make a
complaint orally or in writing within one (1) year of the date of the alleged
harassment to any of the following:
1) the Assistant Dean, Equal Employment Opportunity
Diversity Human Resources;
2) the Assistant Dean, Student Judicial Affairs or any other
academic manager/advisor;
3) the Dean, Student Life; or
4) the Superintendent/President;
c. An faculty or staff member employee who believes he or she has been
sexually harassed may make a complaint orally or in writing within one (1)
year of the date of the alleged harassment to any of the following:
1) the Assistant Dean, Equal Employment
Opportunity/Diversity Human Resources;
2) any District supervisor or administrator manager;
3) the Vice President for of Human Resources
4) the Superintendent/President;
d. Any District employee who receives a harassment complaint shall
immediately notify the Assistant Dean, Equal Employment
Opportunity/Diversity or Vice President, Human Resources. Upon receiving
notification of a harassment complaint, the Human Resources Office shall:
1) Advise the complainant that he/she need not participate in
an informal resolution and he/she may file a complaint with the Equal
Employment Opportunity Commission, the California Department of
Fair Employment and Housing, or for students the Office of Civil
Rights of the United States Department of Education. The Assistant
Dean, Equal Employment Opportunity/Diversity shall also notify the
Chancellor of the California Community Colleges of the complaint.
2) Within ten days of receipt of a complaint or the
beginning of an investigation, provide the alleged harasser accused
a written notice setting forth:
a) the general nature of the complaint;
b) whether an investigation has been started;
c) the estimated time to complete the investigation,
which normally will be completed within ninety (90) days;
d) who will be conducting the investigation;
e) a statement advising the alleged harasser
accused that they are not to conduct their own investigation
and are in no way to discuss the matter with students
and/or potential witnesses;
f) the accused may be represented by a person of
his/her own choice during any investigatory process.
In the event that the investigation will not be completed within the
initial estimate of time, the alleged harasser accused will receive a
subsequent notice advising of the new anticipated date of
completion of the investigation. Upon completion of the
investigation, the alleged harasser accused shall receive a written
summary of the investigation.
3) Authorize the investigation of the complaint and supervise
and/or conduct a thorough, prompt and impartial investigation of the
complaint. The investigation will include interviews with the
complainant, alleged harasser accused and any other persons who may
have relevant knowledge concerning the complaint. This may include
victims of similar conduct. The person or persons conducting the
investigation shall keep the name of the alleged harasser accused
as confidential as possible but may use the alleged harasser
accused name as necessary in conducting the investigation. If it is
determined that the allegations warrant the placement of the
alleged harasser accused on a paid administrative leave, the
alleged harasser accused will be so notified in writing. Such notice
will specify the anticipated duration of the leave and shall clearly
inform the employee that such action does not constitute
disciplinary action.
4) Review the factual information gathered through the
investigation to determine whether the alleged conduct constitutes
harassment, giving consideration to all factual information and the
totality of the circumstances, including the nature of the verbal,
physical, visual or sexual conduct and the context in which the alleged
incidents occurred.
5) Set forth the results of the investigation in a written report.
The written report shall include a description of the circumstances
giving rise to the complaint, a summary of the testimony of each
witness, an analysis of any relevant data or other evidence collected
during the investigation, a specific finding as to whether
discrimination did or did not occur with respect to each allegation in
the complaint and any other appropriate information.
6) Provide the complainant with a copy or summary of the
investigative report within ninety (90) days from the date the District
received the complaint. The complainant shall also be provided with a
written notice setting forth the determination of the
Superintendent/President or his/her designee as to whether sexual
harassment did or did not occur with respect to each allegation in the
complaint; a description of action taken, if any, to prevent similar
problems from occurring in the future; the proposed resolution of the
complaint; and notice of the complainant’s right to appeal to he
District’s governing board Board of Trustees and the Chancellor of the
California Community Colleges. The results of the investigation and
the determination as to whether harassment occurred shall also be
reported to the alleged harasser accused and any appropriate academic
or administrative official.
7) Anyone who files a complaint in which he/she
knowingly makes a false accusation may be subject to appropriate
discipline.
e. If sexual harassment occurred, the District may take remedial or
disciplinary action against the accused. The action will be prompt, effective
and commensurate with the severity of the offense. Disciplinary actions
against faculty, staff employees and students will conform to all relevant
statutes, regulations, personnel policies and procedure, including the
provision of any applicable collective bargaining agreements.
1) The District shall also take reasonable steps to protect the
complainant from further harassment and retaliation as a result of
communicating the complaint.
2) The District shall take reasonable steps to ensure the confidentiality of
the investigation and to protect the privacy of all parties.
f. If the complainant is not satisfied with the results of the administrative
determination, he/she may, within fifteen (15) days, submit a written appeal to
the District’s governing board Board of Trustees. The governing board Board
of Trustees shall review the original complaint, investigative report,
administrative decision and the appeal. The governing board Board of
Trustees shall issue a final District decision in the matter within 45 days after
receiving the appeal. A copy of the final District decision rendered by the
governing board Board of Trustees shall be forwarded to the complainant and
to the Chancellor of the California Community Colleges. The complainant
shall also be notified of his/her right to appeal this decision. If the governing
board Board of Trustees does not act within 45 days the administrative
determination shall be deemed approved and shall become the final decision
of the District in the matter.
g. The complainant shall have the right to file a written appeal with the
Chancellor of the California Community Colleges within thirty (30) days after
the governing board Board of Trustees issues the final District decision or
permits the administrative decision to become final. Such appeals shall be
processed pursuant to the provision of Section 59350 of Title 5 of the
California Code of Regulations. In any case involving employment
discrimination, the complainant may, at anytime before or after the issuance
of the final decision of the District, file a complaint with the Department of
Fair Employment and Housing. In such cases, The complainant may also file
a petition for review with the Chancellor of the California Community
Colleges within thirty (30) days after the governing board Board of Trustees
issues the final decision or permits the administrative decision to become
final.
h. Within 150 days of receiving a complaint, the District shall forward all
required documents to the Chancellor of the California Community
Colleges. the original complaint, investigative report, a copy of the written
notice other complainant setting for the results of the investigation, a copy of
the final administrative determination rendered by the governing board or
indicating the date upon which the decision became final and a copy of the
notification to the complainant of his/her right to appeal. If, due to
circumstances beyond its control, the District is unable to comply with the 150
day deadline for submission of materials, it may file a written request for an
extension of time no later than ten (10) days prior to the expiration date.
i. To the extent this sexual harassment policy is in conflict with the
District’s policy on academic freedom, the sexual harassment policy shall prevail.
SUBJECT 3: APPROVAL OF NEW CERTIFICATE AND COURSES --
Curriculum Committee, Sal Veas, chair
Department Certificates
Cosmetology—Cosmetology proposes two department certificates of completion: (1) Skin
Care (600 hours) and (2) Nail Care (400 hours) as mandated by the Board of Barbering and
Cosmetology.
New Courses
Nursing 50: Professional Role Transition—The purpose of this course is to facilitate
transition from student nurse to the role of entry-level staff nurse. Emphasis is on the
theoretical concepts of leadership and management. The student will integrate knowledge
and skills pertinent to the role of manager of care for a group of patients and members of
the health care team. The role of manager incorporates delegation, priority setting, legal-
ethical issues, and health care delivery systems. Issues and trends relevant to professional
nursing will be explored. 1 Unit, CSU yes, Dept Vote: 6-yes, 0-no
Nursing 50L: Professional Role Transition Lab—The purpose of this course is to
facilitate transition from student nurse to the role of entry-level staff nurse. Emphasis is on
the theoretical concepts of leadership and management. The student will integrate
knowledge and skills pertinent to the role of manager of care for a group of patients and
members of the health care team. The role of manager incorporates delegation, priority
setting, legal-ethical issues, and health care delivery systems. Issues and trends relevant to
professional nursing will be explored. 2 Units, CSU yes, Dept Vote: 6-yes, 0-no
SUBJECT 4: RESOLUTION FROM INFORMATION SERVICES
COMMITTEE -- ISC, Steve Hunt, Chair
Information Services Committee recommends to the Academic Senate that for the Senate to
recommend to the District Technology Committee to construct a project team to perform
design, maintenance, and ongoing support for the entire SMC website.
SUBJECT 5: HAYWARD AWARD NOMINATION -- Executive Committee, Gordon
Dossett, past president
Ruth Logan