Purpose & Authority of the Faculty Senate

This page provides a comprehensive overview of the power and authority of the Cerritos College Faculty Senate, clarifying its role and jurisdiction. The information is organized into four sections:

  1. Authority & Jurisdiction Under Title 5 – Details the foundational powers and jurisdiction granted to the Faculty Senate under Title 5.
  2. Additional Powers Under Title 5 – Describes the supplementary powers provided to the Faculty Senate under Title 5.
  3. Juristiction as Defined by Education Code – Covers other roles and responsibilities assigned to the Faculty Senate by the California Education Code.
  4. Relationship with the Senate Curriculum Committee – Explains the Faculty Senate’s relationship with its Curriculum Committee as defined by Title 5 and interpreted by the Academic Senate for California Community Colleges (ASCCC).

Authority & Jurisdiction under Title 5

The intent of the Community College Reform Act (AB 1725) is to assure “effective participation” of all college constituencies and to ensure that the Board of Trustees engages in “collegial consultation” with the Faculty Senate on matters that are academic and professional in nature.

The purpose of the Faculty Senate shall be to represent the faculty in the formation and recommendation on 10+1 academic and professional matters to the Board of Trustees pursuant to California Administrative Code of Regulations – Title 5 § 53200.  

  • Academic and professional matters means the following policy development matters:
      1. Curriculum, including establishing prerequisites.
      2. Degree and certificate requirements.
      3. Grading policies.
      4. Educational program development.
      5. Standards or policies regarding student preparation and success.
      6. College governance structures, as related to faculty roles.
      7. Faculty roles and involvement in accreditation processes.
      8. Policies for faculty professional development activities.
      9. Processes for program review.
      10. Processes for institutional planning and budget development.
      11. Other academic and professional matters as mutually agreed upon.

  • Matters on which the Board of Trustees will rely primarily on the advice and judgment of the Faculty Senate are items 1, 2, 3, and 4.

  • Matters on which the Board of Trustees and the Faculty Senate will work together to reach mutual agreement resulting in written resolution, regulations, or policy are items 5, 6, 7, 8, 9, 10, and 11.

Additional Powers under Title 5

Below are the additional powers established by Title 5 § 53203:

  • Section (a): The governing board shall adopt policies for the appropriate delegation of authority and responsibility to its college academic senate.

  • Section (b): In adopting the policies described in section (a), the governing board or designees, shall consult collegially with the academic senate.

  • Section (c): While consulting collegially, the academic senate shall retain the right to meet with or appear before the governing board with respect to its views and recommendations. In addition, after consultation with the administration, the academic senate may present its recommendations to the governing board.

  • Section (d): The governing board shall adopt procedures for responding to recommendations of the academic senate that incorporate the following:
    1. When the board elects to rely primarily upon the advice and judgment of the academic senate, the recommendation of the senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will the recommendations not be accepted.

    2. When the board elects to provide for mutual agreement with the academic senate, and an agreement has not been reached, existing policy shall remain in effect unless such policy exposes the district to legal liability or fiscal hardship. In cases where there is no existing policy, or when legal liability or fiscal hardship requires existing policy to be changed, the board may act, after a good faith effort to reach agreement, only for compelling legal, fiscal, or organizational reasons.

  • Section (e): An academic senate may assume such responsibilities and perform such functions as may be delegated to it by the governing board.

  • Section (f): The appointment of faculty members to serve on college committees shall be made, after consultation with the chief executive officer or designee, by the academic senate. Notwithstanding this Subsection, the collective bargaining representative may seek to appoint faculty members to committees, task forces, or other groups.

Jurisdiction as Defined by Education Code

In addition to the areas defined by Title 5, the Education Code assigns additional responsibilities and authority to the Faculty Senate. The following section highlights some of the significant segments of the California Code of Regulations. These important legal strictures are designed to ensure faculty’s full participation in the educational and governance processes at California community colleges.

The governing board of each district shall establish procedures to ensure faculty, staff, and students the opportunity to express their opinions at the campus level, and to ensure that these opinions are given every reasonable consideration and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.

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.

Hiring criteria, policies, and procedures for new faculty members shall be developed and agreed upon jointly by the 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.

Requires that collective bargaining agents, or faculty collective bargaining units, consult with the academic senate prior to negotiating tenure evaluation procedures.

Requires that collective bargaining agents, or faculty collective bargaining units, consult with the academic senate prior to negotiating faculty evaluation procedures.

Requires that collective bargaining agents, or faculty collective bargaining units, consult with the academic senate prior to negotiating Faculty Service Areas (FSA).

Relationship with the Senate Curriculum Committee

The relationship between the Faculty Senate and its Curriculum Committee is rooted in guidelines provided by the Academic Senate for California Community Colleges (ASCCC) and outlined in California's Education Code and Title 5. Below is a summary that explains how the two bodies collaborate and delineates their specific responsibilities:

  • Curriculum Recommendations to the Board of Trustees:

According to Title 5, the Senate Curriculum Committee has the authority to make recommendations on courses and certificates directly to the Board of Trustees [Title 5 §55002(a)]. While the faculty senate does not alter these recommendations, it plays a vital oversight role by ensuring that proper procedures are followed in the curriculum approval process.

As outlined in the ASCCC paper, The Curriculum Committee: Role, Structure, Duties, and Standards of Good Practice, "it is appropriate for the senate to review the policies and procedures used [Title 5 §53203(a)] and call attention to any irregularities which might require a recommendation to be returned to the committee for reconsideration."

Therefore, if the Faculty Senate identifies irregularities in the process, it may advise the Board of Trustees to return the proposal to the Curriculum Committee for further review.

  • Understanding Curriculum Committee Boundaries Under Title 5:

Title 5 of the California Code of Regulations explicitly authorizes local curriculum committees to make recommendations on courses and certificates, but it does not grant sole authority over broader curriculum matters. According to the ASCCC Paper, Ensuring Effective Curriculum Approval Processes: A Guide for Local Senates

    • Curriculum committees derive their legal authority from the Education Code and the California Code of Regulations. However, Education Code §70902(b)(7) gives local academic senates the right “to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.”

    • Title 5 §55002 gives curriculum committees the full authority to recommend approval of new degree-applicable credit courses, non-degree applicable credit courses, and noncredit courses directly to the governing board. Title 5 is less direct regarding the role of curriculum committees in approving recommendations regarding degree and certificate programs.

    • Title 5 §§55070 and 55151 are very clear that curriculum committees are to make recommendations about credit and noncredit certificates.

    • Title 5 is not explicit about the role of curriculum committees in approving recommendations on associate degree programs. However, educational program development is an academic and professional matter identified in §53200, and, in partnership with academic senates, curriculum committees are generally and appropriately delegated the responsibility to review and recommend approvals or revisions to educational programs.

    • Furthermore, given that local senates have the authority to recommend approval of new or revised educational programs to the governing board, local senates have the purview to delegate to curriculum committees the authority to recommend approval of new programs directly to the governing board.

Thus, the Curriculum Committee is expected to work "in partnership" with the Faculty Senate on curriculum issues that extend beyond courses and certificates. Through this partnership, both bodies ensure that final recommendations to the Board of Trustees are aligned with academic and professional standards. The Senate plays a crucial role in this process, as educational program development is identified under §53200 as an academic and professional matter.

  • Senate Authority to Review Curriculum Committee Policies and Procedures:

Under Title 5 §53203(a), the Faculty Senate has the authority to review the Curriculum Committee’s policies and procedures. This responsibility includes ensuring alignment with academic and professional standards and adherence to best practices as outlined in the ASCCC Guidelines in Ensuring Effective Curriculum Approval Processes: A Guide for Local Senates.