Aug 26, 2021 Board Work Session

>> NOW WE WILL GO ON TO THE WORK SESSION AND I CAN CONFIRM THAT WE DO HAVE A

[1. Roll Call - Announcement of a Quorum]

[00:00:06]

IN ACCORDNESS WITH CHAPTER 551 WITH THE TEXAS OPEN MEETINGS ACT I CALL TO ORDER

[2. Certification of Notice Posted for the Meeting]

>> THIS BOARD IS MEETING FOR WEBSITE BEFORE REGISTERING TO SPEAK DURING THE PUBLIC COMMENT PORTION WILL HAVE FIVE MINUTE TOSS SPEAK VIRTUALLY OR IN-PERSON.

THIS MEETING IS BEING BROADCAST OVER THE INTERNET AND AN AUDIO RECORDING AND TRANSCRIPT WILL BE MADE AND WILL BE AVAILABLE TO THE PUBLIC AT A LATER DATE ON THE WEBSITE.

CAN YOU PLEASE CONFIRM THAT THIS MEETING WAS POSTED ACCORDING TO THE LAW.

>> THIS MEETING WAS POSTED ACCORDING TO TEX GOVERNMENT CODE 551.014.

[3. Citizens Desiring to Address the Board]

>> DO WE HAVE ANY CITIZENS WAITING TO ADDRESS THE BOARD?

>> NO WE DO NOT.

>> WE'LL MOVE ONTO THE DISCUSSION BY LISA KAREN ATKINS AND ROB.

[4. Presentation and Discussion Regarding Issues Related to Governance of Singly Accredited Institution]

>> THANK YOU, MADAM CHAIR, I APPRECIATE IT.

AND I'LL TAKE A MOMENT.

AS WE HAVE TRANSFORMED TO A SINGLE ACCREDITED DALLAS COLLEGE WE'VE BEEN REVIEWING ALL OF OUR POLICIES AND PROCEDURES AND AS THE BOARD KNOWS MANY OF THOSE WERE DEVELOPED AND CRAFTED DURING THE TIME WHEN WE WERE COME PRIZED OF 7 SEPARATE COLLEGES.

AS WE'VE GONE THROUGH THAT PROCESS WE'VE HAD DISCUSSIONS AND ISSUES AND CONVERSATION ABOUT GOVERNANCE OF AN INSTITUTION WHEN IT SHIFTS FROM ONE THAT IS SIFTED TO A SINGLE ACCREDITED INSTITUTION.

ACADEMIC FREEDOM USED IN CONVERSATION AROUND DALLAS COLLEGE.

WE THOUGHT IT WAS TIME AS WE'VE GONE THROUGH THIS EXERCISE TO BRING IN AN EXPERT AND A PERSON WHO COULD GIVE US AND NAVIGATE THESE ISSUES WITH US AND WE'RE PLEASED AS WE LOOK AT THESE IMPORTANT ISSUES TO HAVE LISA ATKINS WITH US, SHE'S A SHARE HOLDER IN THE FIRM OF OGLETREE.

AND SHE'S REPRESENTED HUNDREDS OF INSTITUTIONS HIGHER EDUCATIONS AND COLLEGES AND INSTITUTIONS AS THEY NAVIGATE THE ISSUES THAT DEVELOP IN HIGHER EDUCATION.

WE'RE DELIGHTED TO HAVE HER HERE.

I'LL LET LISA INTRODUCE HER TO YOU.

I DO UNDERSTAND THAT LISA PLAYED FOOTBALL AT NOTRE DAME BUT I DID NOT AND IF SHE WOULD LIKE TO TALK ABOUT THAT, THAT'S FINE.

LISA, WE'RE HAPPY TO HAVE YOU HERE TODAY.

>> LISA, THANK YOU SO MUCH FOR JOINING US TODAY.

BOARD, THESE ARE TIED INTO THINGS YOU'VE ASKED US TO LOOK INTO.

YOU ASKED US TO SPECIFICALLY LOOK INTO THE GROWING 3-YEAR CONTRACTS AND WETHER OR NOT THOSE SHOULD BE CONTINUED AND YOU'VE ASKED US TO LOOK INTO THE ROLE IT HAVE CHAIRMAN GOVERNANCE AND WHAT THAT ENTAILS, ACADEMIC FREEDOM WAS IMPLIED IN THOSE DISCUSSIONS AS WELL.

IT WAS BY SOME OF THE INFORMATION THAT YOU'VE RECEIVED FROM SOME INDIVIDUALS.

AND ANONYMOUS GROUPS THAT WERE OUT THERE.

SO, BASED ON THAT, WE APPRECIATE LISA, YOU JOINING US TODAY.

>> I THINK THAT WE HAVE THE VIEW THAT WE WANT TO HAVE.

AND IT APPEARS AS THOUGH WE DO.

SO, THANK YOU VERY MUCH.

GOOD AFTERNOON, EVERYONE, THANK YOU FOR GIVING ME THE OPPORTUNITY TO COME AND SPEAK WITH YOU.

IT LOOKS LIKE THERE'S A LITTLE BIT OF A BLOCKAGE IN THE UPPER RIGHT-HAND CORNER WITH SOMEBODY'S INITIALS, SO I'LL LET YOU USE YOUR IMAGINATION TO DETERMINE WHAT THAT IS.

I APPRECIATE ROB'S INTRODUCTION.

I HAVEN'T REPRESENTED HUNDREDS OF COLLEGES AND UNIVERSITIES, BECAUSE I'M SURE YOU COULD LOOK AT ME AND SAY SHE'S NOT OLD ENOUGH TO REPRESENT HUNDREDS.

I DID PLAY FOOTBALL AT NOTRE DAME AND THE UNIVERSITY OF TENNESSEE, SO THERE'S SOMETHING.

I'M A BIG FAN OF COMMUNITY COLLEGES AND TWO YEAR COLLEGES AND I'LL TELL YOU ABOUT MY BACKGROUND.

FIRST OF ALL, EACH OF YOU SHOULD HAVE A FOLDER AND IN THAT FOLDER IS INFORMATION ABOUT ME, IT TELLS YOU A LITTLE ABOUT MY EXPERIENCE IT'S A RESUME THAT HAS MY

[00:05:01]

PLEASE, READ AND ENJOY.

BOTH MY PARENTS COME FROM A COMMUNITY COLLEGE BACKGROUND, MY FATHER'S COMMUNITY COLLEGE PRESIDENT AND MY MOTHER A COMMUNITY COLLEGE DEAN BOTH STARTED AS FACULTY.

ONE TEACHING IN MATH, AND THE OTHER IN BIOLOGY AND MOVING ONTO BECOME A DIVISION HEAD AND SCIENCE AN ULTIMATE BUSINESS DEAN.

SO, IF YOU TAKE A COLLEGE PRESIDENT AND YOU MIX THEM WITH A DEAN AND YOU LIVE THEM A LAW DEGREE, THEN, I'M GOING TO BE WHAT YOU GET.

SO >> WE GOT ONE OF THOSE SITTING RIGHT OVER THERE.

[LAUGHTER] >> IT'S GOOD TO KNOW THAT I'M NOT THE ONLY ONE IN THE ROOM.

SO, WHAT WE'RE GOING TO BE TALKING ABOUT TODAY IS AND I BELIEVE THIS WAS ALSO PUT IN THE AGENT.

WE'RE GOING TO HAVE A PRESENTATION AND A DISCUSSION REGARDING ISSUES RELATED TO GOVERNANCE.

IN MANY RESPECTS IT'S DEALING WITH ISSUES THAT ARE NOT UNIQUE TO THIS INSTITUTIONS.

WE'RE GOING TO BE LOOKING AT BEST PRACTICES AND THINGS GOING ON WITH US RIGHT NOW.

WE'RE GOING TO START WITH AND CAN SOMEONE, ADVANCE THE SLIDE?

>> IT'S NOT SHOWING THERE WHAT IT'S SUPPOSED TO.

WE'RE GOING STOW TO START BY TALKING ABOUT BOARD FUNCTION AND MOVE ONTO GOVERNANCE AND PRESENT INSTITUTION OF ROLES AND CLOSE WITH ACADEMIC FREEDOM, SHARED GOVERNANCE AND ACCREDITATION.

THE FIRST TOPIC IS GOING TO BE THE ROLE OF THE BOARD FROM THE STAND POINT OF MANAGEMENT.

THEN WE'RE GOING TO DISCUSS, NOT JUST GOVERNANCE BUT DELEGATIONS OF AUTHORITY BECAUSE THAT'S A LARGE PART OF GOVERNANCE.

A PART OF THAT DISCUSSION OF GOVERNANCE IS GOING TO CONSIST OF TWO TOPICS WHICH IS NOT RELATED AND THAT'S SHARED GOVERNANCE AND ACADEMIC FREEDOM AND WE'LL FINISH WITH QUESTIONS FROM ANYBODY WHO IS HERE THAT WANTS TO ASK.

I DO HAVE A COUPLE OF EXTRA FOLDER IF ANYBODY WOULD LIKE TO HAVE A FOLDER.

MOVING ON.

JUST FROM A STAND POINT OF BACKGROUND, AS EVERYONE IN THIS ROOM KNOWS, DALLAS COLLEGE WAS CREATED WHEN THE DALLAS COLLEGE COMMUNITY DISTRICT MOVED FROM 7 SEPARATE COLLEGES TO ONE SINGLY ACCREDITED INSTITUTION.

THAT WAS A MOMENTOUS AND TREMENDOUS CHANGE AND A GREAT OPPORTUNITY.

WE HAD 7 COLLEGES EACH OF WHICH HAD IT'S OWN ACCREDITATION, AND PRIORITIES, AND STUDENT BODY, AND SO WE'RE NOW MELDING THOSE TOGETHER INTO AN ENTITY.

WE RECEIVE AN ACCREDITATION FOR ONE COLLEGE WITH SEVEN CAMPUSES.

WE INTRODUCED OURSELVES TO THE COMMUNITY AND ONE WAY OF INTRODUCING OURSELVES IS THE FACT THAT WE CREATED A NEW LOGO, WE HAVE NEW BRANDING.

WE'RE BEING ACTIVE IN THE COMMUNITY.

SO THAT THE PEOPLE CAN UNDERSTAND THAT WE ARE A NEW INSTITUTION AND WE ARE UNDER SCORING OUR IDENTITY AS A SINGLE ACADEMIC ENTERPRISE.

THE SEVEN COLLEGES ARE REPRESENTED HERE IN THIS ILLUSTRATION AND I HAVE THE SEVEN COLLEGES AS WELL AS THE PROVOST, THE CHANCELLOR AND THE CHANCELLOR ELECT TO SHOW THAT WE'RE ALL PART OF ONE TEAM AND ONE ENTITY AND EACH ONE IS DIFFERENT.

THIS SHOWS THAT EACH ONE OF US IS DIFFERENT AND EACH ONE OF US BRINGS VALUE TO THE TABLE.

THE RESTRUCTURING THAT I MENTIONED EARLIER WAS THE CHANGE IN THE 54-YEAR HISTORY OF THE COMMUNITY COLLEGE DISTRICT.

NOW, WITH THIS CONSOLIDATION WE ARE IN A TIME OF TRANSFORMATION.

THE CONSOLIDATION PROVIDES US WITH AN OPPORTUNITY TO REVIEW INSTITUTIONAL ROLES

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SO, WE'RE GOING TO START LOOKING AT THE BOARD'S FUNCTION AND TO ME THAT'S THE MOST IMPORTANT PART OF WHAT WE'RE TALKING ABOUT TODAY.

IF YOU LOOK IN YOUR FOLDERS, YOU WILL HAVE A RECITATION OF WHAT THE BOARD'S FUNCTION IS BASED ON THE WAY THAT IT IS CREATED, BASED ON HOW IT'S CONSTITUTED AND BASED ON THE VARIOUS RULES AND REGULATIONS AND POLICIES FOR WHICH THE BOARD IS RESPONSIBLE.

THE BOARD FUNCTIONS AS THE COLLEGE'S LEGISLATIVE AND POLICY MAKING BODY.

AND SO EVERYTHING THAT FLOWS TO THE COLLEGE TO THE INDIVIDUAL CAMPUSES AND TO THE STUDENTS AND FACULTY, AND STAFF, AND TO OUR CONSTITUENTS THAT STARTS AT THE LEVEL OF OF THE BOARD.

THE BOARD EXERCISES IT'S LEADERSHIP THROUGH THE FORMATION AND ADOPTION OF WRITTEN REGULATIONS THAT INCLUDE OBVIOUSLY OUR POPSIES, BUT THE WAY, IF YOU WANTED TO UNDERSTAND HOW THE BOARD FUNCTIONS, THEN THAT'S WHERE YOU START, OKAY.

THE BOARD DELEGATES TO THE CHANCELLOR THE FUNCTION OF SPECIFYING AND REQUIRED ACTIONS AND ARRANGEMENTS UNDER WHICH THE COLLEGE WILL BE OPERATED.

AND THAT LANGUAGE IS DRAWN DIRECTLY FROM THE BOARD'S OWN POLICIES AND NOT ONLY DOES THE BOARD DELEGATE AUTHORITY AND RESPONSIBILITY TO THE CHANCELLOR OR WHOEVER IS STANDING AS THE HEAD OF THE COLLEGE.

RIGHT NOW THE TITLE IS CHANCELLOR, I CAN'T PROMISE IT WILL STAY CHANCELLOR, BECAUSE EVERY PLACE I'VE WORKED HAS GONE BETWEEN CHANCELLOR, CEO AND PRESIDENT.

THE BOARD DELEGATES RESPONSIBILITIES TO THE CHANCELLOR FOR DAY-TO-DAY OPERATIONS FOR THE INSTITUTION AND THE CHANCELLOR IS THE CHIEF EXECUTIVE OPERATOR OF THE COLLEGE AND THAT IS THE LANGUAGE THAT YOU WILL SEE, FOR EXAMPLE, THE REQUIREMENTS FOR REAFFIRMATION OF ACCREDITATION THEY REFER TO THE PERSON AT THE HEAD OF THE ORGANIZATION AS THE CEO AND THEY HAVE SPECIFIC REQUIREMENTS FOR THE CEO BUT REMEMBER ALL OF THOSE COME DOWN FROM THE BOARD.

THE CHANCELLOR HAS THE AUTHORITY TO DELEGATE AUTHORITY AS HE OR SHE SEES FIT TO OTHER POSITION HOLDERS WITHIN THE ACADEMIC ENTERPRISE, OKAY.

SO, WE START HERE WITH THE BOARD.

AND THE BOARD DELEGATES TO THE CHANCELLOR AND THE CHANCELLOR DELEGATES AS HE OR SHE FITS, THOSE CAN BE CALLED THE CABINET, I UNDERSTAND HERE THEY'RE CALLED THE CHANCELLOR'S STAFF BUT WHAT IT IS IS A GROUP OF INDIVIDUALS WHO HAS BEEN IDENTIFIED BY THE CHANCELLOR AS PARTICIPATING, ENGAGING AND ASSISTING WITH THE OPERATIONS OF THE INSTITUTION AND THAT INCLUDES DECISION MAKING, STRATEGIC PLANNING, PUTTING TOGETHER THE ACADEMIC MASTER PLAN AND PERIODIC REVIEW OF THE MISSION AND ENSURING THE MISSION, THE ACADEMIC MASTER PLAN, THE STRATEGIC PLAN AND THE FACILITIES MASTER PLAN, ALL WORK TOGETHER, START WITH THE BOARD, MOVE TO THE CHANCELLOR, MOVE TO THE CHANCELLOR'S STAFF AND THAT'S THE GROUP OF PEOPLE TO HELP TO MAKE SURE THAT THE INSTITUTION IS RUNNING THE WAY IT NEEDS TO BE RUNNING OPERATIONALLY AND ALSO FOR THE PURPOSES OF ACCREDITATION.

>> QUESTION.

>> YES, SIR?

>> THE BOARD DELEGATION OF CHANCELLOR, DOES THE CHANCELLOR ONLY HAVE THOSE AUTHORITIES EXPLICITLY DELEGATED.

DO WE HAVE OUR OWN LIKE, 10TH AMENDMENT IF YOU WILL, WHERE WE RETAIN ALL POWERS NOT EXPLICITLY DELEGATED OR IS THE DELEGATION BROADER OR MORE DEFINED EVEN IF IT'S NOT EXPLICIT TO THE CHANCELLOR.

>> THERE'S NOT AN EXPRESS LANGUAGE SAYING THAT WE RESERVE.

THERE'S NOT AN EXPRESS RESERVATION SAYING WE DO THIS AND THE CHANCELLOR CANNOT DO THAT.

BUT THERE ARE EXPRESSED AREAS OF RESPONSIBILITY THAT THE BOARD RETAINS.

AND YOU'LL SEE THOSE WHEN YOU COME UP FOR ACCREDITATION.

WITH RESPECT TO FUNDING AND RESOURCES TO CARRY OUT THE ACADEMIC ENTERPRISE AND MAKE SURE WE CAN PAY PEOPLE, RUN CAMPUS AND FACILITIES ARE SOUND AND PROGRAMS ARE FULLY SUPPORTED.

OVERSIGHT RESPONSIBILITY LIES WITH THE BOARD AND DAY-TO-DAY MANAGIAL RESPONSIBILITY IS ON THE CHANCELLOR.

[00:15:05]

SPECIFICALLY RESERVED TO THE BOARD THAT YOU HAVE IN THE 10TH AMENDMENT, MY FAVORITE BY THE WAY.

AS SOMEONE WHOSE BEEN IN PUBLIC HIGHER EDUCATION FOR 20 YEARS.

BUT THE BOARD DOES MAINTAIN VERY IMPORTANT RESPONSIBILITIES AND WE'RE GOING TO TOUCH ON A FEW OF THOSE DURING THIS PRESENTATION.

>> AND IF I COULD, EXCUSE ME LISA FOR INTERRUPTING.

BUT THERE'S A CONSIDERABLE BODY OF LAW IN TEXAS THAT SAYS EDUCATION GIVES THE BOARD THE EXPRESS AUTHORITY TO DELEGATE VIRTUALLY ALL DELEGATABLE TO THE CHANCELLOR.

THERE ARE CERTAIN NONDELEGATABLE DUTIES AND THOSE ARE THINGS TO SETTING TAX RATES, AND SETTING TUITION, BUT OTHERWISE THERE'S A BODY OF LAW IN TEXAS THAT SAYS THAT THE BOARD EXISTS AND CAN DELEGATE TO THE CHANCELLOR OR CHIEF EXECUTIVE OFFICE A VERY BROAD POWER WITHOUT RESERVATION.

>> SO, BECAUSE THE BOARD HAS AUTHORITY AND IS ACTUALLY MANDATED IN IT'S OWN POLICY, IT ACTUALLY SAYS SHALL DELEGATE TO THE CHANCELLOR.

IT'S MANDATED SE TO DELEGATE AUTHORITY TO THE CHANCELLOR AND THEY'RE DELEGATED TO SUPPORT THE CHANCELLOR.

DESPITE THE FACT THAT THE BOARD HAS RESPONSIBILITY FOR POLICY MAKING, OKAY, FOR STRATEGIC PLANNING, FOR DEVELOPING OVERARCHING PRIORITIES, THAT DELEGATES TO THE CHANCELLOR AND THE CHANCELLOR HAS THE RESPONSIBILITY FOR THE DAY-TO-DAY OPERATIONS OF THE INSTITUTION AND FOR EN SURING THAT THE PRIORITIES AND POLICIES OF THE BOARD ARE ADEQUATELY IMPLEMENTED AND THAT WAS THE DAYS BOTH BEFORE AND AFTER THE CONSOLIDATION.

SO THAT'S NOT A NEW RESPONSIBILITY.

>>> SO, WE'RE GOING TO MOVE ON.

WE'RE STILL TALKING ABOUT THE BOARD'S RESPONSIBILITY BUT WE'RE NOW GOING TO MOVE ON TO THE AREA OF GOVERNANCE AND INSTITUTIONA ROLES BECAUSE OBVIOUSLY ONE OF THE MOST IMPORTANT ROLES THAT THE BOARD HAS IS GOVERNANCE.

THAT'S A SENTENCE THAT'S CALLED POWER OF DUTIES AND RESPONSIBILITIES AND IT LISTS THOSE NICELY.

AND UNDER THAT SECTION, POWERS, DUTIES AND RESPONSIBILITIES, THE BOARD IS EXPRESSLY RESPONSIBLE FOR GOVERNANCE AND EXAMPLES INCLUDED ARE PERIODIC REVIEW AND UPDATED POLICIES.

THE BOARD IS NOT EXPECTED TO BE DRAFTING POLICIES, BUT THE BOARD IS EXPECTED TO ENSURE THERE'S PERIODIC REVIEW AND UPDATED POLICIES.

AND YOU DO THAT WITH THE GUIDANCE ASSISTANCE AND OVERSIGHT OF THE CHANCELLOR AS THE PERSON WHO IS THE DRIVING FORCE BEHIND THAT.

THE CHANCELLOR IN TURN, DELEGATES TO HIS OR HER STAFF TO BE RESPONSIBLE FOR POLICY REVIEW AND UPDATES, THE ANNUAL ESTABLISHMENT OF STRATEGIC PRIORITIES IS ONE THAT I THINK IS NOT ONLY VERY IMPORTANT BUT UNIQUE.

BECAUSE SOME INSTITUTIONS REALLY ONLY DO IT FIVE, TEN, 15 OR 20 YEAR STRATEGIC PLAN.

THE FACT THAT THERE'S AN AN NEWLY AND THAT'S SOMETHING THAT'S MORE IMPORTANT NOW THAT WE'RE SO SOLIDLY CONSOLIDATED TO BE SURE THAT EVERYBODY'S SINGING ON THE SAME HYMN NOTE SO TO SPEAK BECAUSE THERE'S SO MUCH MORE THAT WE CAN ACCOMPLISH IN THAT WAY THAN IF PEOPLE ARE MOVING IN DIFFERENT DIRECTIONS.

>> QUESTION FOR THE CHANCELLOR.

WE UNDER TOOK A PROCESS OF MOVING ALONG OUR POLICIES, IS THAT PRETTY MUCH COMPLETE OR IS THAT STILL...

>> IT'S STILL IN PROGRESS.

THIS IS, AS WE'RE GOING THROUGH THAT PROCESS WE'RE IDENTIFYING THOSE POLICIES THAT STILL NEED REVIEW AND UPDATING.

AND THIS IS AN EXAMPLE THE GOVERNANCE ACADEMIC FREEDOM THAT LISA WILL GET TO IN A BIT.

>> WELL, THAT'S NOT PART OF OUR DISCUSSION TODAY, THIS IS NOT AN AREA THAT WE'VE LOOK AT AND UPDATED IN THE PAST.

>> BECAUSE WE REALLY HADN'T DONE THAT THAT I CAN RECALL IN A PERIODIC REGULAR FASHION, SCHEDULED, ET CETERA, BUT WHEN YOU CAME ON BOARD THAT STARTED TO

[00:20:02]

SO, I'M CURIOUS, HOW FAR IN ARE WE?

>> WELL, WE'VE DONE SEVERAL [INDISCERNIBLE] >> SEVERAL OF THOSE, BUT ONE THING HAS CHANGED IN THAT TIME BECAUSE NOW WE TRANSFORMED FROM 7 SEPARATE ACCREDITED COLLEGES TO A SINGLE INSTITUTION WHICH CAUSES US TO LOOK AT THOSE POLICIES AGAIN AND BE SURE THAT THEY ARE CONSIST TAINT WITH THE MISSION OF THE SINGLE ACCREDITED INSTITUTION.

IT'S AN ONGOING PROCESS.

WE MADE CONSIDERABLE PROGRESS IN OUR INITIAL REVIEW AND NOW THAT WE'VE MOVED TO ONE COLLEGE, WE'RE GOING TO GO BACK TO ADDRESS THOSE PREVIOUSLY ADDRESSED.

>> AND DO WE HAVE A POLICY IN TERMS OF HOW REGULARLY WE WANT OUR POLICIES TO BE REVIEWED AND UPDATED? THE REASON FOR THAT QUESTION IS, UNTIL YOU WILL CAME ON BOARD, CHANCELLOR, AND WE TALKED ABOUT, THE BOARD TALKED ABOUT THAT WITH YOU, IN MY TIME ON THE BOARD SINCE '96 IT HAS NEVER BEEN DONE OTHER THAN THE UPDATES.

>> I WOULD ACCREDIT ROB AND HIS TEAM.

>> AND I'LL JUST ANSWER TO THAT, AND THE CHANCELLOR'S PUSHED US TO DO THAT BECAUSE IT'S IMPORTANT.

>> BUT WE NEED A POLICY TO BE SURE IT HAPPENS.

>> WHEN THE CHANCELLOR'S GONE.

>> I AGREE WITH YOU.

AND I THINK WE CAN COME BACK.

>> THAT IS SOMETHING WE DEFINITELY NEED TO BE DOING, YOU KNOW, IN AN IDEAL WORLD WE WOULD HAVE A REGULAR PATTERN FOR FOLLOWING IT.

BUT BECAUSE OF LEGISLATURE, AND BECAUSE OF SACS OTHER THINGS OCCUR, WE'RE SOMETIMES REACTING.

ACTUALLY IN TODAY'S AGENT IS A REACTION TO A.

>> I UNDERSTAND THAT.

BUT IN TERMS OF WHAT'S THERE AND NOT TYPICALLY TOUCHED BY LEGISLATIVE ACTION THAT WE HAVE TO RESPOND TO, ET CETERA, WE NEED TO HAVE A REGULAR PROCESS BY WHICH.

>> I HEAR YOU.

>> AND MAKE SURE OUR POLICIES ARE RELEVANT AND NOT FROM 54 YEARS AGO.

>> AND I THINK THAT'S POINT WELL TAKEN AND WE'LL DEVELOP A PROCESS FOR THAT.

SOME OF OUR POLICIES ACTUALLY HAVE AN EMBEDDED REQUIREMENT THAT THEY BE REVIEWED AND ONE WOULD BE THE INVESTMENT POLICY.

IT HAS TO BE REVIEWED ANNUALLY.

WE'LL BRING SOMETHING BACK TO THE BOARD FOR THAT.

>> AND PERTINENT TO THAT, THE BOARD DOES HAVE AN ANNUAL CALENDAR FOR POLICY REVIEW.

IT'S NOT RECOMMENDED, EVERYTHING WE WANT TO DO TO REVIEW EACH POLICY EACH YEAR.

>> SO, THE BOARD'S ROLE IS TO ENSURE THAT WE HAVE THAT ANNUAL CALENDAR AND TO REVIEW THAT CALENDAR TO MAKE SURE THAT THINGS THAT NEED TO BE REVIEWED ARE REVIEWED AND THAT'S DONE OBVIOUSLY IN CONCERT WITH THE PROVOST AND THE CHANCELLOR BUT WITH LEGAL COUNSEL BECAUSE AT ANY GIVEN TIME, THERE'LL BE A CHANGE IN THE LAW.

OR FFT INTERPRETATION OF THE LAW OR FEDERAL GUIDELINES REGULATIONS AND SO ON THAT REQUIRE A CHANGE IN POLICY.

AND SO, THROUGHOUT THE YEAR WE WORK TO IDENTIFY IT THOSE ITEMS AND THE SUBJECT MATTER THAT'S GOING TO REQUIRE CHANGING IN POLICY, ADOPTIONS OF NEW POLICIES AND REVISIONS AND SO ON.

I THINK ANYONE WHO WOULD GO THROUGH THE LIST OF POLICIES AND REVISIONS YOU WILL SEE THEY'RE OUT OF DATE AND I KNOW THEY'RE BEING LOOKED ATT A LODGE CALL FASHION AND RANKED TO DETERMINE WHICH ONES NEED TO BE LOOKED AT INITIALLY.

>> I'LL STOP INTERRUPTING WITH QUESTIONS BUT WE'VE ACTUALLY DEVELOPING PROCESSES SPECIFIC TO WHAT TRUSTEE FLORES WAS TALKING ABOUT AND I WAS JUST REMINDED BY MY STAFF.

WE'LL BE COMING BACK TO YOU WITH THAT VERY SHORTLY.

>> AND OF COURSE, THE OTHER THING THAT THE BOARD DOES ON AN ANNUAL BASIS IS ADOPT A BUDGET BASED ON THE BUDGET GUIDELINES THAT'S ALSO PART OF IT'S POWERS, DUTIES, AND RESPONSIBILITIES AND THAT'S LISTED ON PAGE 5 IF ANYBODY'S READING ALONG WITH ME.

THE CHANCELLOR PRESENTS A PROPOSED BUDGET TO THE BOARD AND IT HAS TO CONTAIN VERY SPECIFIC PIECES OF INFORMATION THAT ALLOWS THE BOARD TO UNDERSTAND PLANNING ASSUMPTIONS, PROJECTIONS OF REVENUES AND EXPENDITURES AND IF IT'S ANYTHING THAT I USED DO, IS I WOULD DO THOSE PROJECTIONS ON A QUARTERLY BASIS IN ORDER TO CALCULATE THE AMOUNT OF REVENUE TO EXPECT TO COME TO THE INSTITUTION AND LOOK FOR DOWN FALLS TO SEE IF THERE WAS ANY CALL BACK OF MONEY BUT AT THE END OF THE DAY IT'S THE CHANCELLOR'S RESPONSIBILITY TO MAKE THE

[00:25:01]

AND OF COURSE, WE HAVE MOVING FROM BEING A DECENTRALIZED ORGANIZATION THAT HAD SIX BUDGETS, SIX SETS OF PRIORITIES AND SO ON INTO ONE.

AND SO THAT'S GOING TO BE SOMETHING THAT THE BOARD.

AND IN SOME WAYS IT WILL BE MORE DIFFICULT AND IN SOME WAYS IT WILL BE EASIER.

BUT, THE DELEGATION TO THE CHANCELLOR OF THE BOARD'S POWERS AND DUTIES IS A SUBSTANTIAL CONTRIBUTION OF THE BOARD'S RESPONSIBILITIES.

THE BOARD IS EXECUTING IT'S OWN RESPONSIBILITIES BY DELEGATING TO THE BOARD WITH RESPECT TO GOVERNANCE, OVERSIGHT AND MAKING CERTAIN THAT THE INSTITUTION IS MOVING IN THE DIRECTION THAT IT WANTS TO AS IT REVIEWS ON AN ANNUAL BASIS, PRIORITIES, FUNDING AND THE ENTIRE MONOPOLY THAT'S GOING TO FACE THE BOARD FROM A FINANCIAL STAND POINT.

>> HAS THERE EVER BEEN A SITUATION WHERE YOU FELT HAMPERED IN YOUR RESPONSIBILITIES BECAUSE OF A DELEGATION THAT YOU HAD NOT RECEIVED FROM THIS BOARD?

>> DO YOU HAVE ALL THE AUTHORITIES YOU NEED TO DO YOUR JOB?

>> WELL, I'M NOT GOING IN HINDSIGHT.

THE BOARD ADDRESSED ISSUES THAT SOMETIMES TIED OUR HANDS AND LIMITED OUR ABILITY TO RESPOND IN SOME CASES IN A TIMELY WAY.

BUT THAT'S REALLY NOT THE CASE AT THIS POINT.

WE'RE ABLE TO RESPOND AND WE NOW BRING THE BUDGET UP FRONT AND YOU APPROVED IT LAST MONTH FOR THE UPCOMING YEAR WE HAVE A WAY OF REVIEWING THAT PERIODICALLY AND ENSURE THAT WE'RE ON TRACK.

SO, I FEEL PRETTY GOOD ABOUT WHERE WE ARE.

>> THANK YOU.

>> SO, I MISSED AN OPPORTUNITY TO ADD TO THE LIST, I GUESS, BUT...

>> [LAUGHTER] .

>> I DON'T THINK IT WILL BE YOUR LAST OPPORTUNITY.

IN A YEAR, ANY FISCAL PERIOD, HOWEVER YOU WANT TO COUNT THE DAYS, MONTHS, AND YEARS, WE HAVE TO CONTINUE TO REVISIT THE ACADEMIC ENTERPRISE, THE STRATEGIC PLAN.

WHAT IT IS THAT WE'RE DOING AND THE DIRECTION WE WANT TO GO AND WHETHER WE WANT TO PIVOT OR MOVE INTO ANOTHER DIRECTION.

THAT'S ALSO THE CHANCELLOR'S ROLE.

>> THE CALENDAR IS OUT OF MY HANDS.

OUR FOLKS MAKE SURE WE TAKE CARE OF THAT IN A TIMELY MANNER.

>> AND THE BOARD HAS SPECIFIC GUIDELINES FOR THE CHANCELLOR AND THOSE ARE FOUND ON PAGE FIVE OF THE DOCUMENT IN YOUR FOLDER IF YOU WOULD LIKE TO TAKE A LOOK AT THOSE.

I WILL POINT OUT NUMBER 2 SPECIFICALLY STATED THAT THE CHANCELLOR IS ACCOUNTABLE TO THE BOARD ACTING TO THE BODY.

THIS IS A TWO-WAY STREET OKAY.

THE CHANCELLOR, OBVIOUSLY IS ONLY ACCOUNTABLE TO THE BOARD.

THE CHANCELLOR IS ACCOUNTABLE TO THE ACADEMIC COMMUNITY AND THAT'S PART OF THE EXTREMELY HEAVY RESPONSIBILITY THAT THE CHANCELLOR MUST BEAR THE WEIGHT OF AS HE OR SHE IS SERVING IN THAT ROLE.

ONE OF THE PRIMARY PURPOSES OF THIS PRESENTATION AND DISCUSSION IS TO ASSIST THE BOARD AND THE INSTITUTION TO PARTICIPATE IN A HIGH LEVEL DISCUSSION AND THINKING ABOUT THE BOARD'S ROLE IN ADOPTING POLICY.

AND THAT'S SOMETHING THAT BASED ON THE QUESTIONS, I COULD SEE IS ALREADY UNDER WAY, BUT AS ANYONE WHO LOOKS AT THE DOCUMENT OR LOOKS AT THE POLICIES, YOU COULD SEE A LOT OF THE POLICIES ARE OUT OF DATE.

SOME OF THEM ARE CLEARLY MORE APPROPRIATE FOR A DECENTRALIZED MANAGIAL APPROACH THAN THE CURRENT CENTRALIZED APREACH.

THERE ARE MANY WHICHES IN WHICH THE COLLEGE WILL NOW BE ABLE TO LEVERAGE IT'S STRENGTHS AND RESOURCES BECAUSE IT'S A CONDOLL SOL DATED ORGANIZATION.

>> DO YOU FIND THIS STRUCTURE BECOMING BE PREVALENT THROUGHOUT THE COUNTRY AS FAR AS COMMUNITY COLLEGES GO?

>> I HAVE TO TELL YOU, I AM SEEING THE TO ANSWER YOUR QUESTION, YES, ALTHOUGH NOT EXACTLY WHAT YOU'RE DOING.

I THINK YOU'RE ACTUALLY DOING IT BETTER THAT A LOT OF OTHER SCHOOLS THAT I'M SEEING.

BACK IN THE 2000S, YOU MAY RECALL THEN PRESIDENT OBAMA WAS POSITIVE ABOUT THE COMMUNITY COLLEGE FOR EVERYONE WHO MAY NOT HAVE ACCESS TO THE FOUR-YEAR INSTITUTION AND THAT'S WHEN THE SCHOLARSHIPS STARTED COMING OUT FOR THE 2-YEAR

[00:30:05]

WE SAW ARTICULATION AGREEMENTS, YOU SAW ON THE ONE HAND, THE 2-YEAR INSTITUTIONS WERE BEING STRENGTH ENNED.

AND THAT DID NOT NECESSARILY DO AS MUCH TO ENSURE ACCESS AS STRENGTH IN THE 2-YEAR INSTITUTIONS.

THE SYSTEM THAT I CAME FROM, THE TENNESSEE BOARD OF REGENTS, WE BROKE OUT ALL OF OUR COLLEGES AND WE COMBINED, WE BROKE DOWN OUR UNIVERSITIES AND THEN WE COMBINED OUR COMMUNITY COLLEGES.

AND SO, NOW, IN MY OPINION, THE COMMUNITY COLLEGE SYSTEM IS ACTUALLY NOW STRONGER THAN THE UNIVERSITIES WERE.

SO, I'M A BIG FAN OF COMMUNITY COLLEGES, WHAT CAN I TELL YOU.

BUT, I SEE GOING ON NOT EVERYWHERE, BUT I THINK THAT IT'S CERTAINLY WORTH GIVING SOME THOUGHT IF YOU HAVE A SYSTEM THAT HAS MULTIPLE COMMUNITY COLLEGES, MULTIPLE COMMUNITY COLLEGE CAMPUSES THAT YOU LOOK AT WHETHER YOU COULD FIND A COMMON SCALE AND STRENGTHEN THE MISSION OF THE ENTIRE ENTERPRISE BY COMBINING THE SEPARATE FUNCTIONS.

I DON'T KNOW IF THAT ANSWERED YOUR QUESTION OR NOT.

BUT, I WILL SAY THAT MY PARENT'S COMMUNITY COLLEGE TRI-C SECOND LARGEST HIGHER EDUCATION IN OHIO SECOND ONLY TO THE OHIO STATE UNIVERSITY.

VERY STRONG COMMUNITY COLLEGE AND GOING STRONG IF I MIGHT SAY SO.

SO, I THINK THAT'S A TREND THAT WE'RE GOING TO SEE A LOT MORE OF.

IN ADDITION, A PART OF THIS DISCUSSION IS GOING TO BE TO CLARIFY THE ROLES OF THE BOARD, THE CHANCELLOR, THE CHANCELLOR'S STAFF AND CONSTITUENTS IN THE MANAGEMENT AND OPERATION OF THE COLLEGE, ESPECIALLY, AGAIN, BECAUSE WE'RE NOW CONSOLIDATED AND WHAT WE HAD IS SORT OF SEVEN FAMILIES, RIGHT SEW HAD AND THEN WE ALSO HAD AN OVERARCHING, SHALL WE SAY CHANCELLOR AND ABOVE THAT THE GOVERNANCE GROUP THAT'S THE BOARD.

AND NOW WE'RE COMBINING SO IT'S TIME FOR US TO TAKE A LOOK AND SEE WHAT'S THE ROLE OF THE BOARD.

I'LL GIVE YOU A HINT, IT'S NOT GOING TO CHANGE.

WHAT'S THE ROLE OF THE CHANCELLOR, WELL NOW WE HAVE 1 CEO WHERE WE USED TO HAVE SEVEN.

SO THAT'S GOING TO CHANGE.

WHAT ARE THE OTHER ROLES GOING TO BE, WHAT'S GOING TO BE COMBINED, WHAT'S GOING TO BE REPURPOSED OR MOVED, WE MAY DECIDE WE WANT TO CHANGE THE ORGANIZAL STRUCTURE, WE MAY DECIDE TO CHANGE THE INFRASTRUCTURE, YOU MAY TAKE THIS AS AN OPPORTUNITY TO CREATE ADDITIONAL PROGRAMS OR OPPORTUNITIES BOTH FOR PROFESSIONAL DEVELOPMENT OR ACADEMIC PROGRAMS, FOR FACILITIES, YOU NAME IT.

BUT, THIS IS AN OPPORTUNITY FOR US TO IMPLEMENT CHANGE.

AND IT'S SOMETHING THAT WE DON'T WANT TO MISS OUT ON.

BECAUSE, I DON'T THINK THAT IN ANOTHER 54 YEARS ANY OF US WILL BE HERE TO SEE WHAT -- WELL, YOU'LL BE HERE ACTUALLY.

>> [LAUGHTER] .

>> BUT I DON'T THINK THAT MOST OF US WILL BE HERE IN THE NEXT 54 YEARS TO SEE WHAT THE NEXT STEP OR INNOVATION WILL BE.

THIS IS AN OPPORTUNITY TO JUST CREATE A NEW REALITY THAT IS GOOD FOR THE INSTITUTION, THE PEOPLE OF TEXAS, STUDENTS, TO MAKE SURE THAT WE'RE ABLE TO ACHIEVE OUR GOAL OF HAVING OPPORTUNITY EDUCATIONAL OPPORTUNITY FOR ALL CITIZENS OF THE STATE OF TEXAS.

>> SO THERE'S A COUPLE OF QUESTIONS WE NEED TO ASK YOURSELVES AS A PART OF THE DISCUSSION.

WHAT IS THE ROLE OF THE BOARD? I THINK WE HAVE TALKED ABOUT THAT.

WHAT IS THE ROLE OF THE CHANCELLOR? THE CHANCELLOR HAS TOUCHED UPON IT AND I FEEL AS THOUGH HE COULD PROBABLY ELABORATE IF GIVEN THE OPPORTUNITY.

WHAT IS THE ROLE OF THE CHANCELLOR'S STAFF OR CABINET? THE ADMINISTRATION AND MANAGEMENT OF THE CONSOLIDATION INSTITUTION AND WHO HAS WHAT RIGHTS AND WHAT AUTHORITY?

>> TRY AND SEE IF WE COULD GET TO THE ONE THAT TALKS ABOUT THE ROLES WHICH IS

[00:35:09]

>> OKAY.

>> IT'S SLIDE NUMBER 10.

>> THAT'S OUR OTHER BOARD MEMBER RIGHT NOW.

>> IT'S SOMEBODY ELSE RIGHT NOW.

>> THAT'S YOU.

>> THAT'S ME.

>> ON EVERY SLIDE APPARENTLY.

>> I THINK WE COULD DRAG IT DOWN.

>> WELL, WHAT THIS SLIDE SAYS AND I THINK THAT THE MEMBERS WATCHING THE STREAMING SECTION DON'T SEE THAT DOWN THERE? I'M NOT SURE IF YOU ARE ABLE TO FULLY READ THE CAPTION ON TOP?

>> WELL, WE HAVE IT.

>> OKAY.

GREAT.

>> SO, THE ANSWER TO THE QUESTIONS ABOUT THE ROLES AND AUTHORITY OF THE BOARD, THE CHANCELLOR, AND THE CHANCELLOR'S STAFF ARE EXPRESSLY CONTINGENT UPON THE BOARD RULES AND DELEGATIONS.

SO, THE BOARD MAKES UP THE RULES.

YOU MAKE UP THE ANSWER TO THIS QUESTION.

WE'RE START FROM THE LEFT HAND, RIGHT, IT'S THE BOARD.

THE BOARD DELEGATES AUTHORITY TO THE CHANCELLOR.

THE CHANCELLOR THEN DELEGATES AUTHORITY TO MEMBERS OF THE CHANCELLOR'S STAFF.

THESE ARE THE PEOPLE WE HAVEN'T SPOKEN ABOUT MUCH TODAY.

THEY PERFORM THE DELEGATED DUTIES WHICH AS NEEDED ADVISORY INPUT FROM OTHER PERSONNEL.

THAT'S WHEN YOU GET INTO HAVING INPUT AND GETTING ADDITIONAL INFORMATION AND LEARNING FROM OTHER MEMBERS OF THE CAMPUS AND OTHER PARTS OF THE CAMPUS COMMUNITY.

AND I'LL JUST TAKE THE PROVOST AS AN EXAMPLE.

THE PROVOST AS THE CHIEF ACADEMIC OFFICER IS THE REPRESENTATIVE OF THE FACULTY WITH RESPECT TO THE PROVOST NOT THE PROVOST BUT THE CHANCELLOR'S STAFF, COUNCIL OR CABINET.

SO, THE FACULTY HAVE THAT AUTHORITY THAT IS DELEGATED TO THEM THROUGH THE CHANCELLOR TO THE PROVOST AND IF ANY THEN FROM THE PROVOST TO THE FACULTY.

BUT WHETHER THERE'S A DELEGATION OR NOT, THE PROVOST ALWAYS HAS THE AUTHORITY TO DECIDE IF THEY WANT TO RECEIVE ADVISORY INPUT AND INFORMATION FROM THE FACULTY.

AND MY UNDERSTANDING THAT THE PARTICULAR PROVOST THAT WE HAVE IS A BELIEVER IN THAT PARTICULAR MODEL.

SO, THE FACULTY HAVE A VOICE THROUGH THE PROVOST THROUGH THE CHANCELLOR, NOT A DIRECT LINE TO THE CHANCELLOR, BUT A VOICE SPEAKING THROUGH THE PROVOST TO THE CHANCELLOR.

FOR ANYONE WHO HAS ISSUED OF SAY DEFERRED MAINTENANCE.

THEY WANT TO TALK ABOUT PROCUREMENT OR PURCHASING OR PLANNING THAT PERSON WOULD GO THROUGH THE CHIEF FINANCIAL OFFICER AND THROUGH THE CHIEF FINANCIAL OFFICER THEY WOULD HAVE A VOICE TO SPEAK TO THE CHANCELLOR, NOT DIRECTLY TO THE CHANCELLOR BUT THROUGH THE MEMBER OF THE CHANCELLOR'S STAFF TO WHOM THE CHANCELLOR HAS DELEGATED RESPONSIBILITY FOR THOSE PARTICULAR ACTIONS AND CONCERNS.

AND THAT GOES THROUGH AS MANY SUBDIVISIONS AND SUBROLES AS THE CHANCELLOR IN HIS OR HER DISCRETION WANTS TO CREATE.

YOU COULD SAY I'M GOING TO HAVE ACHIEVE FINANCIAL OFFICER OR BUSINESS OFFICER, IF YOU HAVE ACHIEVE BUSINESS OFFICER, YOU WILL APPROVE A CERTAIN AMOUNT.

YOU COULD SAY YOU'RE GOING TO HAVE ACHIEVE ENRICHMENT OFFICER OR ACHIEVE DEVELOPMENT OFFICER.

IF YOU WANTED TO GO DEEPER YOU COULD HAVE A VICE-PRESIDENT OF

[00:40:03]

YOU LOOK AT THE NEEDS OF THE INSTITUTION AND YOU LOOK AT THE WAY YOU WANT IT TO BE ORGANIZED AND LOOK AT THE INFRASTRUCTURE AND THEN THE CHANCELLOR DECIDES BASED UPON HIS OTHER HER DISCRETION OR JUDGMENT HOW MUCH AUTHORITY HE OR SHE WANTS TO DELEGATE TO WHICH LEVEL AND THAT PERSON IS RESPONSIBILITY FOR THOSE SETS OF RESPONSIBILITIES AND THEY CAN RECEIVE INPUT, ADVISORY INPUT, THEY COULD PUT TOGETHER AD HOC COMMITTEES BUT THEY DO NOT HAVE DELEGATED AUTHORITY.

THE AUTHORITY GOES TO THE LEVEL OF THE CHANCELLOR AND THAT'S WHERE IT STOPS.

AFTER THAT IT'S JUST, THE INPUT IS BROUGHT TO THE NEXT LEVEL AND THE NEXT LEVEL THEN BRINGS IT TO THE CHANCELLOR, DOES THAT MAKE SENSE?

>> OKAY.

>> YES?

>> I HAVE A QUESTION.

YOU DESCRIBED THE PROVOST ROLE AS BEING AN ADVOCATE FOR THE FACULTY.

>> NOT NECESSARILY AN ADVOCATE BUT A REPRESENTATIVE.

>> A REPRESENTATIVE, OKAY T BUT THEN THE PROVOST IS ALSO THEIR SUPERVISOR.

THE ACADEMIC FUNCTIONS REPORT INTO THE PROVOST' OFFICE.

IS THERE A CONFLICT?

>> THERE'S INSTITUTIONAL TENSION, BUT TALK ABOUT THE DUIALITY OF THAT ROLE.

>> I THINK THERE'S GOING TO BE SOME FRICTION, I WAS CHIEF OF STAFF AND DIRECTOR BOARD OF THE COUNCIL.

THERE'S ALWAYS, IN EVERY JOB ROLE GOING TO BE SOME FRICTION AND YOU COULD BE A REPRESENTATIVE OF THE FACULTY AND INDEED AN ADVOCATE OF THE FACULTY AND BE THEIR SUPERVISOR, BECAUSE YOU GOT TO UNDERSTAND THEIR ROLE AND THEIR CHALLENGES AND YOU'VE GOT TO HAVE COMMUNICATION WITH THEM IN ORDER FOR THEM TO FEEL AS IF THEY COULD TELL YOU WHAT THEY'RE CONCERNS ARE OR PRIORITIES ARE, YOU COULD TALK ABOUT CURRICULUMS, ADMISSIONS, PROGRAM REVIEW.

ONE OF THE MOST DIFFICULT THINGS THAT THE PROVOST THAT IS DO, FOR EXAMPLE IS TO ELIMINATE SOME PROGRAMS IN ORDER TO HAVE IT OTHERS.

THAT'S JUST THE ROLE OF THE PROVOST.

MY MOM WAS A PROVOST, AND SHE SAID YOU HAVE TO BE BOTH AN EAGLE AND A DOVE.

SO, I WOULDN'T SAY -- I WOULD SAY IT'S CERTAINLY A CHALLENGE.

BUT I WOULD SAY THAT YOU HAVE GOT TO HAVE THE KNOWLEDGE OF A SUPERVISOR IN ORDER TO BE AN EFFECTIVE REPRESENTATIVE AND VICE VERSA.

>> AND THE EXPECTATION IS AS PROFESSIONALS YOU UNDERSTAND THOSE ROLES AND THE LINE ORGANIZATION AND HOW YOU NEED TO WORK THINGS THROUGH?

>> YES.

ABSOLUTELY.

IN MY EXPERIENCE, PROVOST TEND TO BE FORMER FACULTY.

SO, THEY TEND TO HAVE A IT SOFT SPOT AND A HEART FOR FACULTY ANYWAY.

SO, IT'S A MATTER, FOR THE PROVOST, BALANCING THE BUSINESS OF BEING THE CHIEF ACADEMIC OFFICER WITH THE BUSINESS OF EDUCATING STUDENTS AND CHALLENGES THAT CAN BRING.

EVERYTHING FROM FUNDING TO PROFESSIONAL DEVELOPMENT TO TIMING, YOU NAME IT.

NOW, I ALSO WANT TO POINT OUT THAT UNDER THE STANDARD THAT WE HAVE HERE AND UNDER WHAT'S STANDARD IN BEST PRACTICE, NOT ALL DIRECT REPORTS TO THE CHANCELLOR OR MEMBERS OF THE CHANCELLOR'S STAFF HAVE DELEGATED AUTHORITY.

YOU MAY HAVE A SITUATION IN WHICH YOU HAVE A SPECIAL SITUATION.

(NO AUDIO) >> (NO AUDIO) >> LOST AUDIO.

>> >> BUT, I STILL HAVE A VERY EFFECTIVE ROLE, I WAS RESPONSIBLE FOR THE WHOLE CAMPUS, I WAS THE PRESIDENT AND I HAVE TO KEEP THE TRAIN RUNNING.

THERE ARE PEOPLE OUT THERE WHO DIRECTLY REPORT TO THE CHANCELLOR AND TO WHOM OTHER PEOPLE CAN BRING CONCERNS WHO DO NOT HAVE DELEGATED AUTHORITY FOR THE BOARD AN FOR THEM TO WRING THEM TO THE CHANCELLOR'S ATTENTION IS NOT INAPPROPRIATE.

>> SO, THE NEXT QUESTION IS HAS THE FACT THAT THE COLLEGE TRANSFORMED INTO A

[00:45:10]

ONE THING I HAVE BEEN ASKED A LOT IS WHERE DO I FIND SHARED GOVERNANCE, I'M LOOKING FOR IT, IT IS IT IN THE CONSTITUTION, THE FIRS AMENDMENT, I'M LOOKING FOR IT AS A FEDERAL REGULATION OR IN THE STATUTE BOOK, AND THE ANSWER IS NOT A LEGAL TERM, IT'S NOT MANDATED BY STATUTE OR BY THE CONSTITUTION OR BY ANY LEGAL AUTHORITY.

GOVERNANCE IS THE RESPONSIBILITY OF THE BOARD AND SHARED GOVERNANCE FOR THE MOST PART COMES WITH THE DELEGATED AUTHORITY THAT COMES WITH THE CHANCELLOR OR PRESIDENT IF YOU HAD A PRESIDENT IS THAT CEOS DECISION.

IS IF THAT CEO WANTS TO HAVE VERY BROAD SHARED GOVERNANCE, THEN THEY CAN PUT TOGETHER A STRUCTURE THAT HAS BROAD SHARED GOVERNANCE.

IF THAT CEO DOES NOT WANT THAT STRUCTURE OR DOES NOT BELIEVE THAT STRUCTURE IS APPROPRIATE FOR THE OPERATIONS AND THE GOALS OF THE INSTITUTION THEN THEY'RE NOT REQUIRED TO HAVE THAT AS A STRUCTURE, IT'S REALLY LITERALLY, WITH SOME SLIGHT EXCEPTIONS THAT ARE RELATED TO AFFIRMATION OF ACCREDITATION, THE CHOICE OF THE CHANCELLOR.

SO, THIS ISN'T A SITUATION WHERE THERE'S A REQUIREMENT THAT WE GET TOGETHER AND TAKE A VOTE.

THERE ISN'T A REQUIREMENT THAT WE GOVERN BY CONSENSUS.

THE REASON YOU HAVE A CHANCELLOR IT'S BECAUSE HE OR SHE HAS THE DIFFICULT TASK OF DETERMINES WHAT IS BETTER FOR THE INSTITUTION.

MAKING SURE THAT ALL THE RULES AND GOALS AND STATUTES AND REGULATION IN PLACE AND CONSTANTLY CHANGING ARE SATISFIED SO THAT THE FACULTY CAN MOVE ON WITH THE IMPORTANT BUSINESS OF EDUCATING THE CHILDREN.

LIKE ROB, HIS JOB IS TAKING CARE OF ALL THE LEGAL ISSUES AND TAKING THAT OFF YOUR BACK TO EVERYONE CAN DO THEIR JOBS.

>> CURRENTLY, CHANCELLOR, WE DO NOT HAVE A DEFINITION, PER SE OR A WORKING DEFINITION OF WHAT SHARED GOVERNANCE IS WITHIN THE COLLEGE, DO WE?

>> NO.

WE REALLY DON'T SPELL THAT OUT.

WE HAVE -- WELL, WE HAVE ONE REQUIREMENT OF SHARED GOVERNANCE THAT'S IN THERE AND THAT'S INVOLVED IN THE SALARY RECOMMENDATIONS.

>> THE REASON I'M ASKING IS BECAUSE I WAS IN THE DISTRICT AS AN EMPLOYEE WHEN WE WENT TO SUPPOSEDLY DECENTRALIZATION, BUT WE NEVER SAW, THAT I'M AWARE OF, ANYTHING THAT REALLY DEFINED THAT OR WHAT IT MEANT IN PARAMETERS ET CETERA, EVERYBODY WAS JUST USING THE WORD DECENTRALIZATION AND EVERYBODY DID THEY ARE OWN THING.

THE SAME THING WITH SHARED GOVERNANCE, IT SEEMED LIKE WHEN IT'S TO SOMEONE'S ADVANTAGE OR PUSHING A CERTAIN ISSUE, THEY PUT IT UNDER THE CLOAK OF SHARED GOVERNANCE, SO, I THINK IT WOULD BE HEALTHY FOR US TO HAVE A DEFINITION OF WHAT SHARED GOVERNANCE IS SO THAT EVERYBODY UNDERSTANDS.

>> I THINK THAT'S PART OF -- >> IT REALLY DEPENDS ON WHAT IS.

[INDISCERNIBLE] >> BECAUSE SHARED GOVERNANCE MEANS DIFFERENT THINGS TO DIFFERENT PEOPLE, INDUSTRIES, AND ORGANIZATIONS.

THERE ISN'T JUST ONE EXAMPLE AND EVEN THE EXAMPLE THAT THE CHANCELLOR GAVE WHICH HAS TO DO WITH THE ANNUAL REVIEW IS NOT SHARED GOVERNANCE, THAT'S MORE LIKE A CEO OR SOMEONE THAT YOU WOULD HAVE IF YOU WERE A UNION WHERE YOU WERE GOING TO HAVE A NEGOTIATION.

YOU PICK OUT ONE PART OF THE ORGANIZATION AND YOU DECIDE THAT YOU'RE GOING TO NEGOTIATE FOR JUST THAT ONE PART AND ONLY ONE ISSUE.

SHARED GOVERNANCE IS SOMETHING THAT WOULD BE MUCH MORE BROAD IN NATURE.

>> SO, BASICALLY, THE DEFINITION IS GOING TO BE BORN OUT OF -- >> WELL, I'M NOT ON CAMERA UNLESS I LEAN IN, SO I'M SORRY FOR DOING IT LIKE THAT, I SHOULD HAVE SAID BEFORE LISA STARTED TALKING TODAY.

WE WANT TO GO THROUGH THESE VERY IMPORTANT ISSUES, AND I KNOW THERE'S A LOT TO GO THROUGH YET.

WE HAVE NOT REVISITED OR VISITED MANY OF THESE POLICIES AND WITH YOUR EXPERIENCE, TRUSTEE FLORES BEING AROUND THIS INSTITUTION FOR A NUMBER OF YEARS.

THESE ARE IMPORTANT CONCEPTS THAT WHEN YOU TALK ABOUT SHARED GOVERNANCE WE'RE NOT GOING TO COME BACK WITH A POLICY TALKING ABOU SHARED GOVERNANCE EXACTLY WE'RE TALKING ABOUT THE THINGS THAT LISA'S TALKING ABOUT THAT COME PRIZE WHAT GOVERNANCE IS.

>> BUT WE NEED A DEFINITION, A BROAD DEFINITION OF WHAT SHARED GOVERNANCE IS SO PEOPLE DON'T INTERPRET IT TO WHAT BEST SUITS THEM IN A PARTICULAR SITUATION THAT THEY'RE DEALING WITH.

>> THAT WOULD BE THE SPECIFIC.

>> IT MAY NOT USE SPECIFIC TERMOLOGY LIKE THAT IS WHAT I'M SAYING.

IT MAY REFER TO OTHER THINGS, BECAUSE AS LISA POINTED OUT, THERE'S NOT A RIGHT SHARED GOVERNANCE OR A LEGAL DOCTRINE.

>> THAT POINT I UNDERSTAND.

[00:50:02]

YOU KNOW.

>> I UNDERSTAND.

>> I THINK THAT TERM NEEDS TO BE SOMEWHERE.

>> YES.

>> AND THAT'S MORE LIKE A COLLECTIVE BARGAINING AGREEMENT.

IT'S NOT SHARED GOVERNANCE.

WHAT WE HAVE IS NOT SHARED GOVERNANCE, WHAT WE HAVE IS A VERY LITTLE PIECE OF COLLECTIVE BARGAINING.

>> SO, I THINK WE TOUCHED ON THIS EARLIER, BUT THE CHANCELLOR DECIDES WHETHER OTHER MEMBERS OF THE ADMINISTRATION AND WHO PARTICIPATES IN THE DEVELOPMENT OF POLICIES THAT EFFECT THE INSTITUTION.

SO, AGAIN, THAT IS THE DISCRETION OF THE CHANCELLOR, THE BOARD MAY WANT TO PROVIDE INPHOT PUT OF THAT, BUT AGAIN IT'S THE CHANCELLOR'S DECISION AND WHERE THERE ARE MULTIPLE CAMPUSES AND EACH HAS IT'S ON CEO OR COO, THE CHANCELLOR DESIDES WHETHER IT REMAINS CENTRALIZED.

>> WE TALKED ABOUT THE BENEFITS OF THE DECENTRALIZATION THAT WE HAVE UNDER GONE AND ONE OF THOSE IS THAT WE DON'T DIVIDE THE RESPONSIBILITIES, WE MAKE THEM CENTRALIZED SO WE COULD BE MORE RESPONSIVE AND REACTIVE TO BE SURE THAT ALL THE CAMPUSES ARE TREATED EQUALLY AND ON THE SAME PAGE.

NEXT, SLIDE, PLEASE.

>> FOR DECISION MAKING, HAVING THE CHANCELLOR RETAIN DECISION MAKING AUTHORITY DELEGATED BY THE BOARD IS THE COMMON APPROACH.

IT DOESN'T PREVENT THE CHANCELLOR FROM REQUESTING ADVISORY INPUT AND OTHER CONTRIBUTIONS RELATED TO THE DEVELOPMENT OF POLICIES O PRACTICESES OR OTHER THINGS SUCH AS PRIORITIES THAT AFFECT THE INSTITUTION P BUT AT THE END OF THE DAY, THE DECISION MAKER WILL BE THE CHANCELLOR.

>> AND I JUST PUT IN A FEW EXAMPLES OF BEST PRACTICES, FACULTY COMMUNICATES WITH THE CHANCELLOR THROUGH THE CHIEF ACADEMIC OFFICER.

THE CHIEF ACADEMIC OFFICER OR PROVOST COMMUNICATES WITH THE FACULTY THROUGH A REPRESENTATIVE ELECTED BY ALL FACULTY ARE ELIGIBLE T VOTE.

AND YOU WANT TO BE SURE THAT YOU HAVE EQUAL REPRESENTATION SO EVERYBODY HAS EQUAL ACCESS.

SO, FULL TIME, PART TIME, WHOEVER, MAKE THAT DECISION.

AND THEN, THEY ELECT THEIR OWN REPRESENTATIVES, THOSE CONFORM THAT FACULTY SENATE THAT SENATE REPORTS TO THE PROVOST AND THE PROVOST, OF COURSE, REPORTS TO THE CHANCELLOR.

AND THEY HAVE THE OPPORTUNITY TO PROVIDE ANY RECOMMENDATIONS OR ADVISORY OPINIONS THAT THE FACULTY MEMBERS WHO VOTED BRING FORTH TO THE CHANCELLOR.

NOW IF THIS COMBINED INSTITUTION DECIDES TO ADOPT A CONSTITUTIONAL SENATE, ADVISORY R HE CAN ONLY DO SO THROUGH AUTHORITY DELEGATED BY THE BOARD.

THE ONLY WAY THAT THE FACULTY HAS A ROLE WITH RESPECT TO THE ADMINISTRATION, MANAGEMENT, OPERATION, PRIORITIES OF THE DECISION MAKING ROLE, OF THE ORGANIZATION, IS THROUGH POWER THAT IS DELEGATED FROM THE BOARD TO THE CHANCELLOR.

OKAY.

SO, IF THE CHANCELLOR DOESN'T DELEGATE THAT TO THE FACULTY, THE FACULTY DOESN'T HAVE IT.

THE FACULTY HAS INPUT THROUGH THE CHIEF ACADEMIC OFFICER.

THE FACULTY CAN PROVIDE INPUT AS IF THEY WANTED TO ELECT A FACULTY SENATOR OR REPRESENTATIVE BODY, BUT IN SO FAR AS ACTUAL DECISION MAKING AUTHORITY, THAT LIES WITH THE CHANCELLOR AND THERE'S NOT EVEN ANYTHING THAT I COULD FIND THAT'S IN THE BOARD REGULATIONS THAT PROVIDES FOR DELEGATION OF THAT KIND OF AUTHORITY AS A FACT, OKAY, UNDER ANY CIRCUMSTANCES.

THE FACULTY DOES HAVE RESPONSIBILITY FOR CURRICULUMS BUT NOT FOR MANAGEMENT, CONTROL, OR OPERATIONS.

THAT, AGAIN IS THE HEAVY BURDEN THAT LIES ON THE SHOULDERS OF THE CHANCELLOR.

JUST FOR A MOMENT, I WANT TO POSITIVITY OUT TO SECTION 3.7.5, THIS TALKS ABOUT THE FACULTY ROLE IN GOVERNANCE, WE HAVE TO PUBLISH POLICIES ON THE RESPONSIBILITY AND

[00:55:01]

IF IT AIN'T IN YOUR HANDBOOK, THEY DON'T HAVE IT.

ONE OF THE GOOD THINGS DO IS LOOK AT YOUR HANDBOOK AND IT'S ALSO IN THE BOARD REGULATIONS, AND THE ONLY THING THAT THE BOARD REGULATIONS STATE THAT I COULD SEE ABOUT SHARED GOVERNANCE IS THAT THEY ENDORSE THE REDBOOK FROM 1940 AND OF COURSE, THAT'S LIKE ME ENDORSING FACE MASKS, THAT'S NOT A POLICY OR A DIRECTIVE.

IT'S A STATEMENT OF YOU.

THAT WOULD BE SOMETHING THAT I WOULD STRONGLY SUGGEST THAT YOU CONSIDER DECIDING WHETHER YOU WANT TO CHANGE.

>> ARE ACCREDITATION AGENCIES EVER MADE A FINDING AGAINST AN INSTITUTION THAT THIS IS NOT BEING COMPLIED WITH? IS THIS ENFORCEABLE?

>> I HAVE NOT COMPREHENSIVELY REVIEWED THAT.

I HAVE, HOWEVER, PARTICIPATED IN MORE THAN MY FAIR SHARE -- >> THEY HAVE IT'S NORMALLY IN THE AREA OF CURRICULUMS DEVELOPMENT AND RESPONSIBILITY OF THE CONSTRUCTION OF COURSES WHICH IS WHERE THIS NORMALLY APPLIES.

EVEN SOME INSTATE EXAMPLES OF THAT, OFTEN WE'RE.

THE BOARD HAS WEIGHED IN ON THAT RATHER THAN LET THE FACULTY COME TO THEIR DEVELOPMENT FROM THERE.

SO, THE NEXT SLIDE DOES HAVE A LIST OF WHAT COC RECOGNIZES OF MANNERS THAT WOULD BE SHARED GOVERNMENT.

>> FOR CLARIFICATION OF THE BOARD, WE DON'T HAVE A FACULTY SENATE BUT WE HAVE A FACULTY COUNCIL AND THAT'S THE TERM WE USE HERE.

>> IS THAT AN ELECTIVE BODY REPRESENTATIVE OF THE FULL FACULTY?

>> YES.

AND THAT'S PART OF WHAT WE'RE TRYING TO EXAMINE, THE CONCEPTS THAT ARE DEVELOPED, WE'RE NOW ONE COLLEGE COME PRIZED OF SEVEN SCHOOLS AND SO, ONE OF THE THINGS WE'LL BE DOING IS TRYING TO DETERMINE FROM THE GOFRNL RE GOVERNING STAND POINT WHAT KIND OF REPRESENT ACTIVE AUTHORITY WILL BE GRANTED.

THE USE OF WHAT THEY COULD BE CALLED AT DOESN'T MEAN A FACULTY SENATE HERE IS APPROPRIATE.

AND THERE HAS BEEN TALK AMONG PEOPLE ARE ABOUT THE CREATION OF A REPRESENTATIVE BODY CALLED A FACULTY SENATE.

AND CORRECT ME IF I'M WRONG, BUT IF FACULTY DETERMINE TO ASSEMBLE THEMSELVES OUTSIDE OF THIS INSTITUTION AND CALL THEMSELVES WHATEVER THEY WANT TO CALL THEM, THAT DOESN'T OBLIGATE US TO RECOGNIZE THAT BODY OR TO GRANT IT ANY AUTHORITY?

>> THAT'S RIGHT.

>> AND TO POINT OUT RIGHT NOW, HONESTLY, EVEN THE FACULTY COUNCIL WHILE WE ENGAGE WITH THEM, WE HAVE SOMEWHAT NOT OFFICIALLY THROUGH POLICY ACKNOWLEDGED THEM BUT THROUGH PRACTICE.

>> WE HAVE A RELATIONSHIP BETWEEN THE INSTITUTION AND THE FACULTY COUNCIL OR ASSOCIATION OR PROFESSIONAL ASSOCIATION OR ADMINISTRATIVE.

>> YES, MA'AM.

[LAUGHTER] .

>> WHICH IS KIND OF, ORGANIC FROM WHEN THE DISTRICT WAS STARTED.

BUT NOW WE'RE AT THE POINT AT 54 YEARS -- .

>> AND I THINK THAT'S PART OF THE CONVERSATION THAT WE'RE HAVING TODAY.

IN THAT THE STRUCTURE HAS BEEN IN SOME CASES GEOGRAPHICALLY ORIENTED.

AND SOMETIMES IT'S BEEN BASED ON JOB TITLES AS YOU MENTIONED, IN ROLE AND FUNCTION.

AND THAT'S WITH OTHER GROUPS SO, AS SOME OF YOU ARE AWARE, WE NOW HAVE SEVEN SCHOOLS.

AND WITH A LOT OF LOCATIONS.

WE HAVE SEVEN MAIN ONES.

BUT PROGRAMS NOW ARE NOT REALLY TIED TO A GEOGRAPHIC ENTITY AS THEY HAVE BEEN IN THE PAST.

AND TWO, FROM A POLICY PERSPECTIVE, WE'VE AS I SAID, WE OPERATIONALLY ENGAGE WITH SOME OF THESE GROUPS, WE'VE NOT OFFICIALLY, YOU'VE NOT DELEGATED TO ME OR OTHERS THE ABILITY TO DO THAT.

AND, SO, SOME OF THE HISTORIC ROLES OF INPUT, IT KIND OF GOES BACK TO

[01:00:09]

>> WHICHEVER IT IS, WE NEED TO GET TO THE POINT WHERE THERE'S THAT OFFICIAL RELATIONSHIP BECAUSE EVEN THOUGH THE FACULTY ARE EMPLOYEES OF THE DISTRICT, THEY'RE ENGAGING IN COMMUNICATIONS USING TAXPAYER'S COMPUTERS, ET CETERA, ET CETERA, TO RUN THE FUNCTIONS OF THEIR ORGANIZATIONS WHICH CURRENTLY IS SEPARATE AND APART FROM THE INSTITUTION.

>> YEAH, AND I THINK THAT'S BEEN PART OF THE CONCERN OF THE BOARD IS THAT BECAUSE OF SOME ASPECTS OF THE GROUP, IT'S CREATED A BIT OF HIS TORE I CANNILY ADVERSARYIAL NOT NECESSARILY WORKING COLLABORATIVELY TOWARDS THE SAME GOALS AND I WOULD SAY THAT OPERATIONALLY, I'VE NOT EXPERIENCED ANY OF THOSE ISSUES AT LEAST DURING MY TIME HERE, SO I WOULD HAVE TO GO BACK HISTORICALLY, I KNOW SOME OF YOU RELATE THAT WAY.

BUT WE'RE AT A POINT WHERE I THINK IT IS APPROPRIATE WHERE WE ESTABLISH THE TYPE OF, AS YOU SAID EARLIER, WHAT'S THE MORE FORMAL RELATIONSHIP THAT WE NEED TO BE HAVING AND WHAT DOES THAT NEED TO LOOK LIKE.

>> AND I DID GO BACK TO SACS AND GET EXAMPLES OF REPRESENTATIVE DUTIES AND THESE ARE THINGS THAT WERE LISTED AND ALSO THINGS SUCH AS MAKING RECOMMENDATIONS TO THE PROVOST OF GRANT FUNDS TO THE FACULTY.

ANOTHER ONE WAS RECEIVING REPORTS AND REVIEWS REPORTS AND MAKING RECOMMENDATIONS TO THE CHANCELLOR ON THINGS SUCH AS LOW PERFORMING PROGRAMS AND WHETHER WE WANTED TO ENHANCE OR ILLUMINATE THEM THINGS OF THAT NATURE.

TO PROVIDE INPUT AND EXPERTISE TO PRY INFORMATION BUT NOT TO BE IN DECISION MAKING CAPACITY BUT ULTIMATELY HOW IT IS FOR THE SCHOOL DECIDES TO RESOLVE THE ISSUE.

>> JUST TO BE CLEAR WE DON'T HAVE TENURE EITHER.

>> THESE ARE EXAMPLES OF AREAS WHERE THE CHANCELLOR IN HIS OR HER DECISION MAKING CAPACITY MAY SEEK INPUT.

IT'S NOT MANDATORY OR OBLIGATED TO DO SO, I DON'T WANT TO CONFUSE THINGS.

OUR ACCREDITATION POINTS TO, WHAT YOU HAVE TO DO.

BUT AGAIN WE'RE TALKING ABOUT DELEGATIONS OF AUTHORITY AND A GOVERNANCE PROCESS WILL BE FORMALIZED.

AND WE'VE NOT HAD THAT HERE BEFORE OR IN A FORMAL SENSE IN 55 YEARS.

SO, I THINK IT'S AS I SAID AT THE BEGINNING, AS WE MOVED TO A SINGLE INSTITUTION IT'S TIME TO START TO LOOK AT THESE ISSUES AND FORMALIZE THEM IN SOME RESPECTS.

SORRY.

>> NO WORRIES.

>> SO, WITH RESPECT TO ACADEMIC FREEDOM, THIS IS ONE OF MY FAVORITE TOPICS, BECAUSE I CUT MY TEETH AS THE ASSISTANCE ATTORNEY GENERAL SO I'M A CONSTITUTIONAL OFFICER AND ATTORNEY FIRST AND FOREMOST.

AND THE MOST IMPORTANT AMENDMENT IS THE FIRST AMENDMENT, RIGHT? AND WHEN PEOPLE TALK ABOUT ACADEMIC FREEDOM, I'M LIKE, FIRST AMENDMENT, THAT'S ALL YOU NEED.

THAT'S ALL YOU NEED IS FIRST AMENDMENT.

THERE WAS A TIME WHEN POLITICALLY FACULTY WERE IN DANGER, I WOULD SAY BACK IN THE 1920S AND MAYBE AS RECENTLY AS THE 1960S, YOU COULD BE FIRED BECAUSE YOU HAD AN UNPOPULAR VIEW.

BUT, THE TIMES WHEN FACULTY FELL VICTIMS TO POLITICAL VAGUERRIES ARE PRETTY MUCH BEHIND US AND TO THE EXTENT THAT THAT WOULD HAPPEN, THE WAY TO GET RELIEF IS TO SEEK REDRESSIVE AGREEMENTED THROUGH GOVERNMENT, RIGHT, FILE A LAWSUIT, IT'S NOT TO STAND UP AND SAY MY RIGHT TO ACADEMIC FREEDOM HAS BEEN VIOLATED BECAUSE THAT'S NOT AN ENFORCEABLE RIGHT.

WHEN PEOPLE TALK ABOUT ACADEMIC FREEDOM, I SAY FIRST AMENDMENT.

FREEDOM OF SPEECH, COMMUNICATION, ASSOCIATION, AND WHEN I HAVE A CASE AND SOMEONE TRIES TO GO TO MY FACULTY MEMBERS SIGN AN AGREEMENT, A NON-DISCLOSURE AGREEMENT OR AN AGREEMENT SAYING THEY CAN NOT SPEAK, I SAY I'M SORRY, WE'RE AN INSTITUTION.

I'LL SAY, I'M SO SORRY, I CAN NOT DO THAT BECAUSE A GRADE IS A FORM OF COMMUNICATION BETWEEN THE FACULTY MEMBER AND THE STUDENT AND PROTECTED BY THE FIRST AMENDMENT.

AND THERE ARE LOTS OF OTHER LAWS OUT THERE, WHISTLE BLOWER LAWS, AND OF COURSE, WE OBVIOUSLY HAVE TITLE SEVEN, RACE DISCRIMINATION, GENDER, NATIONAL ORIGIN.

[01:05:06]

I CAN'T TELL YOU THE LAST TIME I HAD A CASE THAT INVOLVED ACADEMIC FREEDOM AND I'VE BEEN DOING THIS FOR 33 YEARS.

IF THE FACULTY DECIDES THEY WOULD TO FLEX THOSE RIGHTS, A LAWYER KNOWS THAT'S NOT AN ASSERTIBLE RIGHT.

IT'S THE UNDER LYING LEGAL BASIS THAT'S THE ASSERTIBLE RIGHT AND FOR MOST OF US IT'S THE FIRST AMENDMENT.

IF YOU'VE GOT A VIABLE FIRST AMENDMENT CLAIM YOU DON'T HAVE TO PROVE DAMAGES.

>> IS THERE A LARGE BODY OF CASE LAW INTERPRETING WHAT ACADEMIC FREEDOM IS?

>> NO, THERE IS, ACADEMIC FREEDOM USUALLY TURNS OUT TO BE A FIRST AMENDMENT CASE.

WHEN SOMEONE SAYS TO ME I HAVE COMPLAINED ABOUT SOMETHING HAVING TO DO WHERE MISUSE OF INSTITUTIONAL FUNDS AND I HAVE ACADEMIC FREEDOM TO DO THAT, THAT'S A WHISTLEBLOWER CLAIM, THAT'S A FIRST AMENDMENT CLAIM.

ANOTHER ONE THAT'S FAIRLY COMMON, SOMEONE WHO SPEAKING PUBLICLY ON A MATTER OF PUBLIC CONCERN, I THINK THAT MY BOSS IS STEELING, I THINK THAT MY BOSS IS TRADING DEGREES FOR MONEY, REALLY HAPPENED AT UT WHEN I WAS WORKING THERE.

BUT, AGAIN, THERE ARE LAWS AGAINST THAT.

SO YOU WANT TO COMPLAIN, IT'S MUCH EASIER TO GO IN UNDER THE LAW.

SO ACADEMIC FREEDOM, YOU COULD SAY IT'S ACADEMIC FREEDOM, A DEFENSE ATTORNEY LIKE ME WOULD SAY MOTION TO DISMISS.

SO THERE'S A VERY WELL DEVELOPED BODY OF LAW THAT RECOGNIZES CONSTITUTIONAL UNDERPINNING FOR THAT'S CALLED ACADEMIC FREEDOM BUT A LOT OF WHAT'S CALLED ACADEMIC FREEDOM IS NOT ACADEMIC FREEDOM, IT'S JUST WHAT SOMEBODY DOES OR DOESN'T WANT TO DO.

THAT'S WHY IF YOU WERE AN ATTORNEY LOOKING AT THAT, YOU SAY, OKAY, I UNDERSTAND YOUR COMPLAINT, BUT TELL ME YOUR UNDERLYING ISSUE AND LET ME SEE IF I COULD FIND AN ISSUE WITH THAT.

MOST OF IT IS NOT ACTIONABLE.

IT DOESN'T MATTER WHAT YOU CALL IT.

SO, IN THE FOLDERS, THIS IS WHAT SACSCOC SAYS ABOUT ACADEMIC FREEDOM AND IT'S EXACTLY WHAT'S IN THE BOARD'S OWN POLICIES.

IT SAYS FREEDOM OF RESEARCH, PUBLICATION OF RESULTS AND FREEDOM OF TEACHING.

SO YOU DO HAVE A RIGHT DO THAT.

IT'S NARROW.

YOU DON'T GET TO TALK ABOUT YOUR PERSONAL VIEWS.

>> I HEAR THE TERM ACADEMIC FREEDOM A LOT AROUND HERE INCLUDING MY LAWYERS.

>> BUT, ARE THEY PRACTICING LAWYERS OR PEOPLE WITH LAW DEGREES?

>> THEY'RE PRACTICING LAWYERS, BUT THEIR FAMILIARITY WITH THESE CONCEPTS MAY BE IS FOREIGN AS YOU SUGGESTED.

BUT WE HAD AN INCIDENT WHERE WE ASKED FACULTY AS AN INSTITUTION TO MAKE PERIODIC PROGRESS REPORTS ON THE PROGRESS OF STUDENTS DURING A COURSE OF A SEMESTER BUT WE FELT IT WAS APPROPRIATE FOR THE STUDENTS TO DETERMINE HOW THEY WERE PROGRESSING AT APPROPRIATE INTERVALS DURING A SEMESTER.

WE HEARD WE COULDN'T DO THAT BECAUSE OF ACADEMIC FREEDOM.

>> ACADEMIC FREEDOM DOES INCLUDE COMMUNICATION WITH THE STUDENTS MEANING THAT MEMBERS OF THE ADMINISTRATION CANNOT FORC A FACULTY MAYBE TO CHANGE A GRADE.

WE COULD CHANGE IT OURSELVES.

>> BUT WE COULD REQUIRE THAT THEY GIVE A GRADE.

>> I THINK THAT'S THE ESSENCE.

>> [INDISCERNIBLE] >> AND ASKING SOMEBODY OR TELLING SOMEBODY TO GIVE AN ACADEMIC PROGRESS REPORT IS CONTENT NEUTRAL, SO THERE' NOTHING ABOUT THAT WOULD BE OBJECTIONABLE FROM AN ADMINISTRATION POINT OR ANY BASIS THAT I COULD THINK OF.

AND THAT'S JUST A MANAGIAL FUNCTION THAT'S NOT SOMETHING TO THE KIND OF DISCRETION THAT COMES IN PLAY WITH ACADEMIC FREEDOM.

AND DON'T FORGET STUDENTS HAVE A CONSTITUTIONAL RIGHT UNDER THE FIRST AMENDMENT THEIR RIGHT TO CONTINUE ENROLMENT AND CONTRACT RIGHT ON ACCOUNT OF THE TUITION

[01:10:03]

SO, FOR SOMEONE TO SAY I'M NOT GOING TO GIVE AN ACADEMIC REPORT TO A STUDENT IS NOT SOMETHING THAT I CAN RECOGNIZE OR ENVISION, TOUCH UPON ACADEMIC FREEDOM.

>> WELL, THERE'S REALLY NO DIFFERENCE BETWEEN THAT AND GIVING A GRADE AT THE END OF THE COURSE BOTH ARE PROGRESS REPORTS IT'S JUST A MATTER OF THE TIMING OF WHEN THEY WOULD OCCUR.

>> AND THE AVERAGE STUDENT WOULD TELL YOU THEY WOULD LIKE TO KNOW HOW THEY'RE DOING ALONG THE WAY.

IT'S TO THE BENEFIT OF THE STUDENT AND IN NO WAY TO THE DETRIMENT OF THE FACULTY.

>> SO, THEREFORE, THAT MOVING FORWARD?

>> NO, WE'RE DOING IT, BUT IT TOOK A YEAR OF DISCUSSION TO GET TO THE POINT WHERE EVERYONE WAS ON THE SAME PAGE.

AND I THINK THAT'S THE ISSUE IF WE LOOK AT THIS, THERE ARE A LOT OF THINGS IN THERE THAT ARE CERTAINLY IMPORTANT THAT FACULTY HAVE THE ABILITY TO DISCUSS RELEVANT MALTERS IN THE CLASSROOM THAT'S AN IMPORTANT TERM.

EXPLORE SCHOLARSHIP, RESEARCH, FREEDOM OF EXPRESSION SPEAK AND WRITE ON THAT WITHOUT INSTITUTIONAL CONSTRAINT AND A BIG PIECE OF THAT CAME ABOUT WHEN SOMEBODY'S OWN INDIVIDUAL RESEARCH MAY BE COUNTER TO SAY, WHAT THE TEXT BOOK SHOWED OR BECAUSE THEY DID THEIR OWN INDEPENDENT RESEARCH AND THEY WANTED TO PRESENT THAT.

WELL, ACADEMIC FREEDOM AND RESEARCH ALLOWS THEM TO BE ABLE TO PRESENT THAT INFORMATION AS A PART OF THEIR ROLE WITHOUT WORRY THAT WE WOULD TAKE ACTION OR SAY THAT THAT'S OUTSIDE OF WHAT THEY SHOULD BE TEACHING IN THEIR COURSE.

IF THAT'S PART OF THEIR MATERIAL AND DEEMED THAT'S PART OF THE MATERIAL, THEN THEY HAVE THE FREEDOM TO TEACH THAT, IN TERMS OF ASSIGNMENT OF CLASSES, TIMES OF CLASSES OFFERED, THOSE ARE THE LEGAL TYPES OF PROCESSES.

>> I THINK I MAY HAVE A FEW MORE EXAMPLES OF THAT, AND THE FACT THAT IF YOU'RE GOING TO SPEAK OUT AS AN INDIVIDUAL IN A MATTER OF PUBLIC CONCERN YOU HAVE TO IDENTIFY YOURSELF AS DOING SO, YOU CAN'T GIVE THE IMPRESSION THAT YOU ARE SPEAKING ON BEHALF OF THE INSTITUTION.

THAT'S THE OPPOSITE OF THE RIGHT TO SPEAK.

>> BUT, NORMALLY IN THAT IT GOES BACK TO THAT RELEVANT TO THE TOPIC.

THAT'S PART OF WHAT THE STUDENT ARE PAYING FOR A COURSE AND YOUR CONTRACT RELATIONSHIP WITH THE STUDENT TO GET MATERIAL ABOUT THAT SOMETHING THAT A PERSON SHOWS UP JUST WANTING TO ESPOUSE ON TODAY.

>> AND TO DIG SLIGHTLY DEEPER, PREVIOUSLY THERE WAS STATE LAW THAT SAID IF YOU WERE AN EMPLOYEE OF AN INSTITUTION YOU DOESN'T BE LIABLE WITH A CONTRACT YOU HAD TO HAVE A CONTRACT WITH SOMEONE WHO WAS THE AUTHORITY TO BIND, THE COURTS HAVE BLOWN THAT OUT OF THE WATER WHEN IT COMES TO STUDENTS THEY CAN NOT CARE LESS.

ANYTHING WE SAY THAT WE'RE GOING TO DO, THEY HOLD US TO IT.

IF THEY THINK IT'S GOOD FOR STUDENTS, THEY WILL SAY WE HAVE A CONTRACTUAL OBLIGATION TO DO IT.

(NO AUDIO) >> LOST FEED) ) LOST FEED) IT CLEAR > WE'RE WORKING ON GETTING THE AUDIO FEED BACK.

>> THE SLIDES AREN'T CHANGING.

(NO AUDIO) >> I DON'T KNOW THAT I'M GETTING MUCH OUT OF THIS.

(NO AUDIO) >> JUST GIVE THEM A FEW MINUTES TO DO A LITTLE TROUBLESHOOTING ON SITE THERE.

>> I THINK THEY HAD A SURGE AND MIGHT HAVE LOST POWER.

>> AND WE HAD JUST ENDED SLIDE SHOW SO.... >> SO, THEY HAD A SURGE BUT WE'RE

[01:15:01]

>> OKAY.

BUT, I MISSED ABOUT 45 MINUTES WORTH OF SLIDES.

(LOST AUDIO) (LOST FEED) >> SIMPLE HERE, >> WE'RE BACK 4:50 AND WE'RE NOW ADJOURNING THE WORK SESSION.

OKAY.

SO, THEN WE DON'T NEED A BREAK.

>> NOPE.

* This transcript was compiled from uncorrected Closed Captioning.