Have you heard that rumor too? Are there really procedures out there that protects the rights of faculty? Well, generally speaking, faculty have few rights. Which means every effort should be taken to protect the little bits and pieces that passes as faculty "rights." And what passes as "rights" can be found in one of two places: Administrative Regulations, which is essentially the Board policy designed in accordance to Education Code of the state of California. it is principally the governance policy of the college. Duties and responsibilities of all employees may be found there. the faculty's agreement with the District, the so-called Contract, addresses conditions of faculty employment and the District's obligations to adhere those agreements.

The Academic Senate can serve as a wall of defense against unwarranted penalties and retaliation. theoretically this can be done through its various committees which periodically review the Administrative "Regs." Clarification and revisions are made with input from the appropriate administrator. Eventually, suggestive changes are brought before the entire Senate, and if approved, passed on to the Administration and Board of Trustees for final approval and adoption. Every instructor should insure that revisions, however minor, reflect the desires of the faculty as a whole. it is at this juncture that faculty should strive to curtail measures that appear to impinge upon their academic freedoms. Vigilance is the first line of defense here. The rights of the individual faculty member must always be protected against cliques and factions desiring to empower the special interests of faculty groups or the administration.

Complaints against a fellow faculty member or an administrator should be directed to the appropriate Administrative office in human Resources, and I suggest, to the appropriate Academic Senate committee so that the matter could be taken under consideration when the "Regs" are reviewed.

Issues such as sexual harassment or racial discrimination are covered under title VII and Title IX of federal law as well as board policies 3121 and 3122. Complaint procedures are found in the Administrative regulations. Board Policies are posted on the SMC web site. (See http://www.smc.edu/admin/board_policy_manual/default.htm )

As for protections under the Contract, most of its provisions explain conditions of employment. Faculty participation in a labor union is protected under the Rodda Act. (Search at http://www.smcfa.org/laws.html ) All faculty, including part-timers are covered. The Faculty Association always attempt to resolve complaints informally before a decision is made to initiate an informal and formal grievance. The Contract defines a grievance as "an allegation by a unit member that he/she has been adversely affected by a violation, misinterpretation, misapplication of any of the specific provisions of the Agreement..." Under our new contract (2001-2004) a flow chart has been included to help clarify the grievance procedure. Faculty should be aware that department chairs are in the unit, which is labor talk for saying faculty can not file a grievance against another member of the Faculty Association. Complaints about chairs should be directed to the appropriate Administrator in the Office of Human resources.

One should also be mindful that a complaint against the District of to the District must be filed according to established timetables. Guidelines o the Administrative regulations and Equal opportunity (formally Affirmative Action) are available in the Library, or they can be secured from Human resources. The Administrative regulations, and sections regarding Equal Opportunity are currently being reviewed and revised. We are also reviewing the wording on the new Contract and it will be made available upon request from the office of Human Resources. it if free, and every faculty should have a copy. You can not defend you "rights" if you don't know them!