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PCCFA Defends Shared Governance: PCCFA Attorney Responds to Gail Cooper’s Letters to Academic Senate

On October 17, 2013, General Counsel Gail Cooper sent the follwing letter (linked below) to Academic Senate President, Eduardo Cairó.  Ms. Cooper alleged that the Senate executive board’s refusal to attend Committee on Academic and Professional Matters (CAPM) was a violation of PCC Board policies and the Brown Act.

Letter to Eduardo Cairo from Gail Cooper (October 17, 2013)

On October 23, 2013, Ms. Cooper sent another letter to Eduardo Cairó discouraging the Academic Senate from pursuing the “Formation of an Ad Hoc Academic Senate Evaluation Committee of the President.” Ms. Cooper alleged that evaluating the President/Superintendent 1) would infringe upon the Board of Trustees’ “exclusive province;” 2) was not the within the purview of the Academic Senate; 3) would violate the President’s privacy; and 4) would give the President the right to sue for defamation.

Letter to Eduardo Cairo on President Evaluation (October 23, 2013)

On October 29, 2013, PCC Faculty Association, Lawrence Rosenzweig, on behalf of Prof. Cairó as a faculty member, sent a response to Ms. Cooper, refuting her unfounded allegations. Mr. Rosenzweig indicated that:

1) California courts have determined that “academic senates have more than an advisory role to play in the life of a college.”

2) “It is impossible for the Academic Senate to perform its functions without forming opinions about academic and professional life on campus, including how well the College President is performing his job.”

3) “The formal body for expression of faculty view is the Academic Senate. The Academic Senate has every right to offer a vehicle to express their opinion about whether they approve of the College President’s implementation of academic and professional policies.”

4) “The Academic Senate is not attempting to obtain confidential information about the President. The Academic Senate is also not attempting to expose private personnel information. Instead, the Academic Senate is going to provide a vehicle for faculty to express their opinions about very public conduct by the President.”

5) “…the College President is a public figure. If he actually were silly enough to sue faculty members for expressing their opinions, he would have to prove they maliciously and recklessly disregarded the truth. That is a legal standard he will never be able to meet.”

For the full text of the letter, please click on the link below:

Letter to Gail Cooper from Lawrence Rosenzweig (Oct. 29, 2013)

 

PCC Courier Article: http://www.pcccourier.com/2013/11/06/letters/