WHEREAS the COVID-19 pandemic catalyzed a shift to online, remote learning beginning in Spring 2020 which increased the use of third-party remote proctoring software at Palomar College to facilitate classroom assessment activities, and

WHEREAS the use of third-party remote proctoring software creates a default assumption that all students are guilty, thereby unacceptably lowering expectations for student conduct and achievement, and that other methods of assessment (such as authentic assessment) exists that can both assess student learning and reduce the possibility of cheating, and

WHEREAS a number of educational institutions around the country have restricted or banned the use of third-party remote proctoring software and the CCC Chancellor’s Office will no longer fund the use of third-party remote proctoring software, which has an annual cost of more than $18,000, and

WHEREAS the use of third-party remote proctoring software is an invasion of student privacy, can increase anxiety and negatively impact student performance on assessments, places technological and equipment demands on students that have financial impacts, and is an inequitable assessment solution as it disproportionately and negatively impacts BILPOC students, students with certain physical or psychiatric disabilities/limitations, students performing childcare duties during the time of assessment, and others, and

WHEREAS Palomar College’s Associated Student Government has shared student concerns about the use of third-party remote proctoring software.

BE IT RESOLVED that the Faculty Senate opposes the use of third-party remote proctoring software which includes synchronous or asynchronous video recording, recording of biometric data, recording of private student spaces, or collection of any other private data by third-party providers in Palomar College courses, and

RESOLVED that before the end of the 2020/21 academic year the Faculty Senate will identify faculty who are utilizing third-party remote proctoring software and provide them with recommendations and guidelines for the limited use of third-party remote proctoring software that can help reduce inequities and negative impacts for students, as well as, alternatives such as utilizing Authentic Assessments.

RESOLVED that the Faculty Senate will ensure that any remaining or future ATRC training on the use of third-party remote proctoring software will include the Faculty Senate guidelines for appropriate usage, and

RESOLVED that this resolution shall be shared with Palomar College’s Associated Student Government, Palomar College’s Academic Technology Resources Center, Academic Senate for California Community
Colleges, and the Chancellor’s Office.

Whereas, access, equity, diversity, and inclusiveness are core values of Palomar College.  

Whereas, the Faculty Senate of Palomar College endorses those values.  

Whereas, antiracism includes an action-oriented approach to reducing bias, racism, and discrimination; supporting diversity; advocating with and for historically under-represented staff, faculty, and students in all areas of campus life; and furthering knowledge to improve policies and systems over time.  

Whereas, systemic/institutional racism is policies, procedures, and norms that may have a disproportionately negative impact on Black, Indigenous, Latinx, and People of Color (BILPOC).  

Whereas, in light of the history of injustice towards People of Color and in light of more recent developments raising awareness of systemic/institutional racism, including testimonials of students, colleagues, and community partners, the Faculty Senate of Palomar College, within its scope of academic and professional matters, affirms that BILPOC lives and voices matter.  

Be it resolved that, in matters related to oversight of curriculum, the Faculty Senate will ensure, through direction given to the Curriculum Committee, that equity, diversity, and inclusion is appropriately integrated in the Course Outlines of Record.  

Be it resolved that, in matters related to degree and certificate requirements as well as educational program development and review, the Faculty Senate will ensure that courses, degrees, certificates, and programs serve the needs of our BILPOC students.  

Be it resolved that, in matters related to grading policies, the Faculty Senate will maintain the integrity of fair and equitable grading practices.  

Be it resolved that, in matters related to standards and policies regarding student preparation and success, the Faculty Senate will maintain a regular reporting relationship with student support services to ensure the needs of our BILPOC students are being addressed.  

WHEREAS, the Faculty Senate of the Palomar Community College District is committed to preserving and nurturing public access and participation in its and its subcommittees’ meetings; and
WHEREAS, all meetings of the Palomar Community College District’s Faculty Senate and its subcommittees are open and public, as required by the Ralph M. Brown Act (“Brown Act”), so that any member of the public may attend, participate, and watch these legislative bodies conduct their business; and
WHEREAS, the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the District’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the State Public Health Officer Order of June 11, 2021, encourages Californians to follow the California Department of Public Health guidelines to aid in preventing the spread of COVID-19; and
WHEREAS, as of September 29, 2021, the County of San Diego Health Office reports that the majority of San Diego County is in a High Transmission situation with the Average Daily Case Rate ≥ 14.3 and Testing Positivity ≥ 10.0%1
WHEREAS, the Palomar Community College District has established a comprehensive COVID-19 Recovery Plan2 designed to mitigate the risk of exposure to others on the Palomar College campus and in the greater community; and
WHEREAS, COVID-19 continues to spread and poses risks to the community, students, and employees of the District; and
WHEREAS, the Faculty Senate of the Palomar Community College District does hereby find—based 1 Accessed 9/29/21 12:50 p.m. County of San Diego ~ Covid-19 Case Rate by Zip Code / Jurisdiction https://sdcounty.maps.arcgis.com/apps/dashboards/e09887e8e65d4fda847aa04c480dc73f 2 Accessed 9/29/21 12:57 p.m. Palomar College COVID-19 Recovery Plan on the recommendation and guidance from the Palomar Community College District, the California Department of Public Health, and the San Diego County Health and Human Services Agency—that the COVID-19 pandemic has caused, and will continue to cause, conditions of peril to the safety of persons within the District that are likely to be beyond the control of services, personnel, equipment, and facilities of the District, and desires to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the State of California.
NOW, THEREFORE, BE IT RESOLVED that the Faculty Senate of the Palomar Community College District hereby authorizes the continued use of remote teleconference for its and its subcommittees’ meetings for the period October 4, 2021, through November 4, 2021, pursuant to Brown Act provisions.

Call for the Removal of the Superintendent/President
WHEREAS, the Constitution of the Faculty Senate reads “a poll of […] full-time and probationary faculty shall be taken on any subject, regardless of whether said subject has been considered by the Senate in the course of its deliberations, when requested by an appropriate petition signed by […] ten percent of all probationary and full-time faculty and submitted to the President of the Senate”;
WHEREAS, on September 23, 2019, the Faculty Senate received a valid petition and initiated a poll to determine the level of confidence the full-time faculty has in Superintendent/President Joi Lin Blake’s ability to lead Palomar College;
WHEREAS, on October 22, 2019, the votes from the poll of 321 full-time faculty were tabulated in the presence of a neutral third party, and the results showed that 91.56% of respondents (217 full-time faculty) have no confidence and 8.44% of respondents (20 full- time faculty) have confidence in the Superintendent/President’s ability to lead Palomar College;
WHEREAS, Palomar College’s BP 2510 “PARTICIPATION IN LOCAL DECISION MAKING” states, “Pursuant to rules adopted by the Board of Governors of the California Community Colleges, the Governing Board elects to rely primarily upon the advice and judgment of the Faculty Senate on academic and professional matters” including the “processes for institutional planning and budget development”; “governance structures”; and “faculty hiring policy, faculty hiring criteria, and faculty hiring procedures”;
WHEREAS, in light of these academic and professional matters, the faculty of Palomar College has deep concerns about the Superintendent/President’s leadership demonstrated in her inability or unwillingness to (A) maintain a fiscally responsible budget; (B) consistently follow shared governance policies; (C) work collaboratively on faculty hiring processes; as well as (D) retain talented and diverse administrators;
WHEREAS, (A) the faculty of Palomar College is deeply concerned about Palomar College’s fiscal stability under the Superintendent/President’s leadership;
WHEREAS, the Superintendent/President’s decision to open two satellite campuses in Fallbrook and Rancho Bernardo simultaneously–instead of staggering their openings over a number of years per the Master Plan to ensure the fiscal stability of one before opening the other–has led to these centers’ operational costs outstripping the revenue they’re generating, a reality that has damaged the fiscal stability of Palomar College;
WHEREAS, while the Faculty Senate welcomes the responsible hiring of full-time faculty, the Superintendent/President authorized the hiring of 40 new full-time faculty for the 2019-20 academic year in response to a P1 faculty obligation number (FON) projection of 310 (based on the 2018-2019 advance from the California Community Colleges Chancellor’s Office [CCCCO]) when the FON for Fall 2019 compliance was, instead, per the CCCCO, 282, leading to an estimated extra $3.9 million in expenditures for fiscal year 2019-20 (based on Palomar College being 39 full-time faculty over Fall 2019 compliance FON);
WHEREAS, these decisions made or authorized by the Superintendent/President have contributed to a 64% decline in Palomar College’s ending fund balance from nearly $22 million to a projected $8.9 million (temporarily boosted by a $5 million “loan” from the retiree health care account without having a plan to repay the account);
WHEREAS, (B) the faculty of Palomar College is deeply concerned about the Superintendent/President’s lack of consistency in following shared governance policies;
WHEREAS, at the February 27, 2019, meeting of the Instructional Planning Council (IPC), it was reported that the District had six College and Career Access Pathways (CCAP) agreements in place for “middle colleges” with local K-12 school districts;
WHEREAS, per the February 27, 2019, IPC meeting minutes, IPC members expressed concern about the “middle college” initiative “regarding Ed Code, age of students, social aspects, parental involvement and more”;
WHEREAS, those concerns were not revisited at IPC before August 21, 2019, when the Superintendent/President wrote a guest column in the San Diego Union-Tribune titled “Introducing Middle College,” in which she announced her “intention to open our middle college to students in fall 2020”;
WHEREAS, per the August 28, 2019, IPC meeting minutes, “there was discussion around Middle College being implemented quickly, with inquiries as to when it was vetted. […] Committee members again expressed concern, this time noting that the topic had not been vetted at IPC but should be as part of Instructional Planning in the shared governance process”;
WHEREAS, this rush to implement a significant initiative without the proper vetting and approval through shared governance signals a lack of respect for and understanding of the nature and importance of the shared governance process, a fact that undercuts confidence in this and other initiatives;
WHEREAS, (C) the faculty of Palomar College is deeply concerned about the approach the Superintendent/President has taken toward faculty hiring processes;
WHEREAS, Palomar College’s Human Resources’ directions to all hiring committees reads “materials submitted by applicants may contain confidential personal information pertaining to personal characteristics regarded as protected by federal, state, local, and/or District laws, regulations and/or policies (i.e., ethnic group, religion, marital status, sexual orientation, etc.). Such information is to be regarded as irrelevant to the selection process and may not be considered by any committee member in determining an applicant’s suitability for interview or hire”;
WHEREAS, the Superintendent/President of Palomar College said to the Faculty Senate at its December 3, 2018, meeting that she would compare the diversity of the hiring pool to the diversity of the finalists selected for interview and ask the committee some hard questions;
WHEREAS, a hiring chair noted at Faculty Senate on May 6, 2019, that the Superintendent/President repeatedly questioned the department’s diversity and then subsequently dismissed the top three candidates selected by the committee during the second round of their hiring process without providing a reason;
WHEREAS, these comments and actions undermine Human Resources’ aforementioned legal guidance on faculty hiring;
WHEREAS, AP 7120, Governing Board policy regarding “RECRUITMENT AND HIRING” states, “The Superintendent/ President considers input from each Committee member and works towards consensus as much as possible in making the final selection”;
WHEREAS, in a presentation to Faculty Senate on May 6, 2019, a hiring committee chair explained that “when the process began for the second-level interview with President Blake, departmental input was not sought nor were they involved in the decision of candidate selection following the process of shared governance”;
WHEREAS, at that same Faculty Senate meeting, another hiring chair explained that in a hiring committee with Dr. Blake on the second level, “it [was] not a committee-as-a-whole decision regarding candidate selection. Faculty on the committee felt that their input was heard but not considered during the selection process”;
WHEREAS, at the May 14, 2019, Governing Board meeting, a faculty member who was a hiring chair for a failed search stated during open comments, “The president did not ask our opinion of who we thought would be the best colleague or who would contribute the most to Palomar College. Rather, we were told (with no discussion) which [one] person would be hired, which would definitely not be hired, and that our second position would be a failed search. The current hiring policy is for the second level committee to discuss and reach a consensus on new hires that the President then presents to the Governing Board for final approval. However, we were never given the opportunity for discussion or consensus”;
WHEREAS, these actions by the Superintendent/President violate the Governing Board’s own policy on recruitment and hiring regarding consensus and selectively disregards the faculty voice in faculty hiring; WHEREAS, (D) the faculty of Palomar College is deeply concerned about the departure of well-qualified, talented, trustworthy, and diverse administrators;
WHEREAS, the inability of the Superintendent/President to retain an executive team harms Palomar College’s operational efficiency and reputation and suggests that the Superintendent/President demonstrates poor management and leadership skills that are contrary to teamwork, collegiality, and respect;
BE IT RESOLVED, the Faculty Senate of Palomar College calls upon the Trustees of the Governing Board of Palomar College to thoughtfully but expeditiously remove the Superintendent/President and immediately seek an interim replacement following AP 7120.

WHEREAS: The District, through thoughtful discussion and collaborative work using the shared governance system, has developed and refined AP 7120 “Recruitment and Hiring” and the addendum “Faculty Hiring Procedure,” which is housed in the Faculty Senate, as a means of addressing the hiring needs of the District; and
WHEREAS: AP 7120 states that a minimum two-week advertising period is required for all interim appointments, and that the hiring process for both interim and permanent positions must be conducted through committees with specified compositions; and
WHEREAS: There is no legal difference between “acting” and “interim” positions;
BE IT RESOLVED THAT : The Faculty Senate reaffirms the hiring practices and policies in AP 7120 as they currently stand; and

BE IT FURTHER RESOLVED THAT: The Faculty Senate requests that both the administration and the Governing Board adhere to AP 7120 as written until such a time as the practices and policies are modified through the process of shared governance.
The motion carried.

WHEREAS The hiring of full-time faculty, staff, and administrators is one of the critical tasks carried out by Palomar Community College District; and

WHEREAS: The District, through thoughtful discussion and collaborative work using the shared governance system, has developed and refined AP 7120 “Recruitment and Hiring” and the addendum “Faculty Hiring Procedure,” which is housed in the Faculty Senate, as a means of addressing the hiring needs of the District; and

WHEREAS: AP 7120 states that a minimum two-week advertising period is required for all interim appointments, and that the hiring process for both interim and permanent positions must be conducted through committees with specified compositions; and

WHEREAS: There is no legal difference between “acting” and “interim” positions;

BE IT RESOLVED THAT: The Faculty Senate reaffirms the hiring practices and policies in AP 7120 as they currently stand; and

BE IT FURTHER RESOLVED THAT: The Faculty Senate requests that both the administration and the Governing Board adhere to AP 7120 as written until such a time as the practices and policies are modified through the process.

WHEREAS the State of California in AB 1725 (1988) later enshrined in Education Code 70902 (b) (7) states that local governing boards will “Establish procedures not inconsistent with minimum standards established by the board of governors to ensure faculty, staff, and students the opportunity to express their opinions at the campus level, to ensure that these opinions are given every reasonable consideration, to ensure the right to participate effectively in district and college governance, and to ensure the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards,

WHEREAS, BP 7120 “Hiring and Recruitment” of the Governing Board of Palomar Community College District states faculty hiring procedures shall be established and implemented in accordance with Board Policies and Administrative Procedures regarding the Faculty Senate’s role in local decision-making (see BP 2510 titled Participation in Local Decision-Making) as an academic and professional matter,

WHEREAS, BP 2510 states pursuant to rules adopted by the Board of Governors of the California Community Colleges, the Governing Board elects to rely primarily upon the advice and judgment of the Faculty Senate on academic and professional matters,

WHEREAS, BP 2510 further provides inclusion of a list of academic and professional matters including #11. Faculty Hiring Policy, Faculty Hiring Criteria, and Faculty Hiring Procedures,

WHEREAS, the Faculty Hiring Procedures as reviewed and amended by the Faculty Senate on October 26, 2015 states in section G that the first-level hiring committee shall be composed of a Committee Chair or Co-chairs (Department Chair/Director or faculty designee), faculty members from the discipline or a related discipline (Note: may substitute one community member or a faculty member from another institution with expertise in the appropriate discipline, at the discretion the committee), one faculty member from outside of the department, one student (optional – non-voting), and one compliance officer,

WHEREAS, the Faculty Hiring Procedure further states that the Joint Selection Committee will interview all finalists forwarded by the Selection Committee and then will considerFaculty Senate Meeting, October 2, 2017
Page 4
the Superintendent/ President’s assessment and recommendations before coming to consensus,

WHEREAS, Section 3 “Selection/Seeking Consensus” states that the Joint Selection Committee and the Superintendent/President meet after completing separate interviews of each of the final candidates. Each candidate is discussed and assessed relevant to the separate interviews, reference checks, teaching demonstration, and needs of the discipline/ department. The Superintendent/President considers input from each Committee member and works towards consensus as much as possible in making the final selection. The Superintendent/ President will make the final recommendation to the Governing Board,

BE IT RESOLVED that the Faculty Senate of Palomar College maintain that administrators shall not serve on the first level of faculty selection committees as they do not meet the criteria laid out in the procedure as to qualify for membership,
And be it further RESOLVED that the Faculty Senate encourages the Superintendent/President to follow the spirit of the procedure and work “towards consensus as much as possible” with the Joint Selection Committee and to recommend to the Governing Board the decision for hire made through this collaborative process.

Adopted by the Faculty Senate of Palomar College: 10/02/17 The motion carried.

WHEREAS, on December 5, 2016 the California Community College Chancellor’s Office reaffirmed its commitment to undocumented students; and

WHEREAS, on February 16th 2017 the Palomar Community College District Governing Board passed a resolution in support of undocumented students; and

WHEREAS, Palomar College is open to all students who meet the minimum requirements for admission, regardless of immigration status; and

WHEREAS, Palomar College will continue to advocate for educational opportunities for all students within its district boundaries, regardless of immigration status; and

WHEREAS, Palomar College has a long history of recognizing and celebrating the contributions of our immigrant student population, as their rich histories and cultures have contributed to, created and engaged global citizenry; and

WHEREAS, Palomar College continues to recognize the rights of all students and their families, regardless of immigration status, family structure, sexual orientation, gender identity, or marital status; and

WHEREAS, the results of the 2016 presidential election have caused uncertainty and concern among our student population; and
WHEREAS, it is the responsibility of the Faculty of Palomar College to provide a classroom environment that is conducive to learning; and

WHEREAS, the Faculty of Palomar College will continue to support an inclusive environment for all students;
BE IT RESOLVED that the Faculty Senate of Palomar College reaffirms its support for undocumented students, and all students who meet the minimum requirements for admission, regardless of immigration status;
BE IT RESOLVED that the Faculty Senate of Palomar College will continue to vigorously advocate for educational opportunities for all students in the district, regardless of immigration status;

BE IT RESOLVED that the Faculty Senate of Palomar College will continue to recognize and honor the human rights of all students and their families, regardless of immigration status, family structure, sexual orientation, gender identity, or marital status; and

NOW THEREFORE BE IT RESOLVED that the Faculty Senate of Palomar College support and affirm the decision taken by the Palomar Community College District Governing Board to declare Palomar College a safe haven and to stands united with themin an unequivocal support of an immigrant-friendly environment for all students who choose to better their lives through education.
The motion carried. Abstention: Johnson

WHEREAS, on December 5, 2016 the California Community College Chancellor’s Office reaffirmed its commitment to undocumented students; and
WHEREAS, on February 16th 2017 the Palomar Community College District Governing Board passed a resolution in support of undocumented students; and
WHEREAS, Palomar College is open to all students who meet the minimum requirements for admission, regardless of immigration status; and
WHEREAS, Palomar College will continue to advocate for educational opportunities for all students within its district boundaries, regardless of immigration status; and
WHEREAS, Palomar College has a long history of recognizing and celebrating the contributions of our immigrant student population, as their rich histories and cultures have contributed to, created and engaged global citizenry; and
WHEREAS, Palomar College continues to recognize the rights of all students and their families, regardless of immigration status, family structure, sexual orientation, gender identity, or marital status; and
WHEREAS, the results of the 2016 presidential election have caused uncertainty and concern among our student population; and
WHEREAS, it is the responsibility of the Faculty of Palomar College to provide a classroom environment that is conducive to learning; and
WHEREAS, the Faculty of Palomar College will continue to support an inclusive environment for all students;
BE IT RESOLVED that the Faculty Senate of Palomar College reaffirms its support for undocumented students, and all students who meet the minimum requirements for admission, regardless of immigration status;
BE IT RESOLVED that the Faculty Senate of Palomar College will continue to vigorously advocate for educational opportunities for all students in the district, regardless of immigration status;
BE IT RESOLVED that the Faculty Senate of Palomar College will continue to recognize and honor the human rights of all students and their families, regardless of immigration status, family structure, sexual orientation, gender identity, or marital status; and
NOW THEREFORE BE IT RESOLVED that the Faculty Senate of Palomar College support and affirm the decision taken by the Palomar Community College District Governing Board to declare Palomar College a safe haven and to stands united with them in an unequivocal support of an immigrant-friendly environment for all students who choose to better their lives through education