SBCC INSTRUCTORS ASSOCIATION COMPILATION OF MATERIALS RELATED TO FREE SPEECH ISSUES:
The IA is encouraging the district to revise and update policies related to academic freedom, free speech, and electronic communications. Our current administration recognizes the need to revise current policies related to free speech, and has submitted a draft to the academic senate of a newly proposed BP 3900 and AP 3900 on "Speech - Time, Place, and Manner". The IA’s legal counsel has prepared its own draft on “Speech and Academic Freedom”, which has been forwarded on to the Senate for its consideration. The administration, understandably, takes a more conservative view towards academic free speech on campus. The IA takes a more liberal view towards the rights that faculty, staff, and students should share on campus. It will be important that all members of the SBCC Academic Community participate in the principles of shared governance as we develop these new policies.
This is a complicated issue with a lengthy history at SBCC. This web page has organized relevant documents so that anyone interested and/or participating in the discussion can be fully informed. First we list the documents considered for discussion in the academic senate, then we list a time line of sorts with background information and documentation, and finally we list existing SBCC policies and procedures that are currently in place.
SBIA DRAFT PROPOSAL ON SPEECH AND ACADEMIC FREEDOM
2/23/2012. Proposed and developed by IA legal council, and sent on to SBCC
Academic Senate for consideration.
Follow up emails: Questions and responses
clarifying items in SBIA Draft Proposal
Has not yet been discussed in the SBCC Academic Senate.
DISTRICT PROPOSALS FOR POLICIES ON FREE SPEECH AND POLITICAL ACTIVITY
3/14/2012. The following four documents were presented to the Academic
Senate as discussion items. See Senate
minutes of 3/14/2012.
The IA has the following concerns/questions
and made an effort to voice such concerns during the senate discussion.
BP 3900 SPEECH: TIME, PLACE, AND MANNER
AP 3900 SPEECH: TIME, PLACE, AND MANNER
BP 7370 POLITICAL
ACTIVITY
AP 7370
POLITICAL ACTIVITY
The IA encourages everyone to get involved. Talk to your senate representatives regarding your views associated with these issues.
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BACKGROUND INFORMATION and DOCUMENTS:
(A timeline of sorts)
Starting with the SBCC Election Guidelines document sent out 9/21/2010 (listed below), a number of administrative actions have not been in keeping with past practices, policies, and procedures at SBCC.
Here are pertinent documents and communications related to Free Speech issues at SBCC as of mid 2010. Note that existing Board Policies and Academic Procedures are included at the bottom of this page for your reference.
SBCC ELECTION GUIDELINES
9/21/2010.
Word document sent by
e-mail campus wide by Sue Ehrlich.
IA LEGAL RESPONSE TO SBCC
ELECTION GUIDELINES
9/28/2010.
IA Legal Council 27 page response to violation of IA and District contract allowing the
IA to communicate with it's membership, and also citing other "free speech"
civil rights violations as outlined in SBCC Elections Guidelines sent out by Sue
Ehrlich.
DISTRICT LEGAL RESPONSE TO IA LAWYER RESPONSE TO SBCC ELECTION GUIDELINES
9/29/2010. District's short response to the IA Legal Council letter citing
violations of IA contract and civil rights violations.
DISTRICT
LEGAL RESPONSE TO IA LAWYER RESPONSE TO SBCC ELECTION GUIDELINES
10/11/2010. District's full response to the IA Legal Council letter citing
violations of IA contract and civil rights violations.
MODERATION OF "ALL CAMPUS" EMAILS:
9/12/2011. Sometime in 2011, the district began moderation of "all-campus"
emails. At the IA's request on 9/12/11, moderation practices by the
district were discontinued.
The IA and the District met to discuss "Free Speech" issues in September and December of 2011. It was agreed that the District would submit through the shared governance process new policies and procedures to help clarify the free speech rights and limitations for faculty and staff at SBCC (including electronic communications and political activities).
SBIA DRAFT PROPOSAL ON SPEECH AND ACADEMIC FREEDOM
2/23/2012. Proposed and developed by IA legal council, and sent on to SBCC
Academic Senate for consideration.
Follow up emails: Questions and responses
clarifying items in SBIA Draft Proposal
Has not yet been discussed in the SBCC Academic Senate.
DISTRICT PROPOSALS FOR POLICIES ON FREE SPEECH AND POLITICAL ACTIVITY
4/14/2012. The following four documents were presented to the Academic
Senate as discussion items. See Senate
minutes of 4/14/2012.
The IA voiced the following concerns/questions
during the senate discussion.
BP 3900 SPEECH: TIME, PLACE, AND MANNER
AP 3900 SPEECH: TIME, PLACE, AND MANNER
BP 7370 POLITICAL
ACTIVITY
AP 7370
POLITICAL ACTIVITY
IA NEWSLETTER ARTICLE HIGHLIGHTING "FREE SPEECH"
ISSUES AT SBCC":
Published in IA Newsletter of April 2011.
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EXISTING SBCC POLICIES AND PROCEDURES:
FREEDOM OF SPEECH RIGHTS AT SBCC
Existing Board Policies, Academic Procedures, Ed Code, and IA Contract
pertinent to "freedom of speech" rights at SBCC.
BP 4030 (Board Policy) Academic Freedom
BP 3720: (Board Policy) Electronic Communications Policies and Procedures
AP 3720: (Academic Policy) Electronic Communications Policies and Procedures
Education Code Sections 7050-55
SBCC-IA FACULTY CONTRACT
Article 4: Association Rights of SBCC-IA Agreement 2007/2008ASSOCIATION RIGHTS (Excerpt from Article 4):
4.1 The Association shall have the right of access to areas in which employees work, the right to use institutional telephones (at no cost to the District), bulletin boards, mailboxes, electronic mail services, and institutional facilities provided that such use or access shall not interfere with nor interrupt normal District operations, including classroom activities.
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