Board Policy

Special meetings may be called from time to time by the President of the Board or by a majority of the members of the Board. Notice of such meetings shall be posted at least 24 hours before the time of the meeting, and shall be noticed in accordance with the Brown Act. No business other than that included in the notice may be transacted or discussed.

Emergency meetings may be called by the President of the Board or a majority of the members of the Board when prompt action is needed because of actual or threatened disruption of public facilities. Such circumstances as are permitted by the Brown Act include work stoppage, crippling disasters, and other activity that severely impairs public health or safety.

No closed session shall be conducted during an emergency meeting, except as provided for in the Brown Act to discuss a dire emergency.

The Chancellor shall be responsible to ensure that notice of such meetings is provided to local news media as required by law.

See Board Policy 2305 Annual Organizational Meeting

See Board Policy 2310 Regular Meetings of the Board

See Administrative Procedure 2320 Special and Emergency Meetings

Approved 2/7/11
Amended and renumbered 12/9/13 (formerly BP 9126)

Amended 1/13/25

A quorum of the Board shall consist of three members.

The Board shall act by majority vote of all of the membership of the Board, except as noted below.

No action shall be taken by secret ballot. The Board will publicly report any action taken in open session and the vote or abstention of each individual member present.

The following actions require a two-thirds majority of all members of the Board:

• Resolution of intention to sell or lease District real property, which is not or will not be needed by the District for school classroom buildings (except where a unanimous vote is required);
• Resolution of intention to dedicate or convey an easement;
• Resolution authorizing and directing the execution and delivery of a deed;
• Action to declare the District exempt from the approval requirements of a planning commission or other local land use body;
• Appropriation of funds from an undistributed reserve;
• Resolution to condemn real property.
• Resolution to pursue the authorization and issuance of bonds pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution.

The following actions require a unanimous vote of all members of the Board:

• Resolution authorizing a sale or lease of District real property to the state, any county, city, or to any other school or community college district;
• Resolution authorizing lease of District property under a lease for the production of gas.

Adopted 12/9/13

Amended 4/1/19, 1/13/25

An agenda shall be posted in a location physically accessible 24 hours per day as well as on the District's internet website at least 72 hours prior to the meeting time for regular meetings. The agenda shall include a brief description of each item of business to be transacted or discussed at the meeting. If requested, the agenda shall be provided in appropriate alternative formats so as to be accessible to persons with a disability.

Agendas shall be developed by the Chancellor in consultation with the Board President. Additionally, any two members of the Board may submit to the Chancellor an item for discussion or consideration on the agenda.

No business may be acted on or discussed which is not on the agenda, except when one or more of the following apply:

• A majority decides there is an “emergency situation” as defined for emergency meetings;
• Two-thirds of the members (or all members if less than two-thirds are present) determine there is a need for immediate action and the need to take action came to the attention of the Board subsequent to the agenda being posted;
• An item appeared on the agenda of and was continued from a meeting held not more than five days earlier.

The order of business may be changed by consent of the Board.

If requested by a member of the public, a copy of the agenda, or documents constituting the agenda packet, shall be provided by mail or email. The Chancellor shall establish administrative procedures that provide for public access to agenda information and reasonable annual fees for the service.

Members of the public may place matters directly related to District business on an agenda for a Board meeitng by submitting a written summary of the item to the Chancellor. The written summary must be signed by the initiator. Agenda items submitted by members of the public must be received by the Chancellor’s Office no later than two weeks prior to the regularly scheduled Board meeting and shall be placed on the Board’s agenda following the items of business initiated by the Board and staff. The Board reserves the right to consider and take action in closed session on items submitted by members of the public as permitted or required by law.

Each member of the public will be allowed a maximum of ten minutes to present or speak on the item of business the member of the public has initiated.

Any agenda item submitted by a member of the public and heard at a public meeting cannot be resubmitted by the member of the public before the expiration of a 90-day period following the initial submission.

See Board Policy 2310 Regular Meetings
See Board Policy 2320 Special and Emergency Meetings

See Administrative Procedure 2320 Special and Emergency Meetings
See Administrative Procedure 2340 Agendas

See Board Policy 2345 Public Participation at Board Meetings

See Board Policy 2350 Speakers at Board Meetings
See Board Policy 2355 Decorum at Board Meetings

See Board Policy 2360 Minutes

See Board Policy 2365 Recording
See Administrative Procedure 2365 Recording

See Board Policy 3300 Public Records
See Administrative Procedure 3300 Public Records

Approved 2/3/97

Amended 9/10/01, 6/6/11

Amended and renumbered 1/13/14 (formerly BP 9128)

Amended 12/4/17, 12/8/25

In conformity with the Board policy of keeping the public fully informed on all activities of the District and also in keeping with the concerted effort of the Board to comply strictly with the provisions of the “Brown Act,” the Board wishes to encourage the attendance of the public at Board meetings.

The Board shall provide opportunities for members of the general public to participate in the business of the Board.

Members of the public may bring matters directly related to the business of the District to the attention of the Board in one of two ways:

• There will be a time at each regularly scheduled board meeting for the general public to discuss items not on the agenda. Members of the public wishing to present such items shall submit a written request as described in board policy 2350 Speakers.
• Members of the public may place items on the prepared agenda in accordance with the provisions set forth in board policy 2340 Agendas.

Members of the public also may submit written communications to the Board on items on the agenda and/or speak to agenda items at the Board meeting. Written communication regarding items on the Board's agenda should reach the office of the Chancellor not later than the Friday prior to the meeting at which the matter concerned is to be before the Board. All such written communications shall be dated and signed by the author, and shall contain the residence or business address of the author and the author's organizational affiliation, if any.

If requested, writings that are public records shall be made available in appropriate alternative formats so as to be accessible to persons with a disability.

Claims for damages are not considered communications to the Board under this rule, but shall be submitted to the District.

See Board Policy 2340 Board Meeting Agendas

See Board Policy 2350 Speakers at Board Meetings

See Board Policy 2355 Decorum at Board Meetings

Approved 12/17/62

Amended 11/15/93

Amended and renumbered 1/13/14 (formerly BP 1130)

Persons may speak to the Board either on an agenda item or on other matters of interest to the public that are within the subject matter jurisdiction of the Board.

Oral presentations relating to a matter on the agenda, including those on the consent agenda, shall be heard before a vote is called on the item.

Persons wishing to speak to matters not on the agenda shall do so at the time designated at the meeting for public hearings.

Those wishing to speak to the Board are subject to the following:

• No member of the public may speak without being recognized by the President of the Board.
• The President of the Board may rule members of the public out of order if their remarks do not pertain to matters that are within the subject matter jurisdiction of the Board or if their remarks are unduly repetitive.
• Non-scheduled substitutes may not speak in place of scheduled speakers unless alternates have been submitted on the original request.
• Employees who are members of a bargaining unit represented by an exclusive bargaining agent may address the Board under this policy, but may not attempt to negotiate terms and conditions of their employment. This policy does not prohibit any employee from addressing a collective bargaining proposal pursuant to the public notice requirements of Government Code Section 3547 and the policies of this Board implementing that section.

Addressing Items on the Agenda

Members of the public are able to address the Board regarding items on the agenda as such items are taken up. Members of the public who wish to address the Board on items on the agenda shall complete a written request to the Chancellor at the beginning of the meeting at which they wish to speak. The request shall note the item on which they wish to speak and identify the submitter by name and by organizational affiliation, if any. In order to ensure the orderly conduct of public business, unless the Governing Board otherwise directs at the time, citizens wishing to discuss agendized matters with the Board at Board meetings shall be limited to five minutes per person. Speakers who use a translator shall be limited to ten minutes per person. The Board President may at his/her discretion limit the total number of speakers addressing a particular subject and/or reduce the minutes allowed per person below five minutes.

Addressing Items Not on the Agenda

This regulation shall not preclude the taking of public testimony or comment during the Public Hearings at regularly-scheduled meetings on matters not on the agenda which any member of the public may wish to bring before the Board, provided that no action is taken by the Board on such matters at the same meeting at which such testimony or comment is taken. In order to facilitate such interaction with the public, each meeting agenda shall include a time for general public input on any matter not otherwise covered in the agenda for that meeting. Members of the public who wish to address the Board during the Public Hearing shall complete a written request to the Chancellor at the beginning of the meeting at which they wish to speak. The request shall identify the subject and the submitter by name and by organizational affiliation, if any. The Board President may at his/her discretion limit the total number of speakers addressing a particular subject and/or reduce the minutes allowed per person below five minutes. Speakers who use a translator shall be limited to double the allotted amount of time.

Each speaker coming before the Board is limited to one presentation per specific agenda item before the Board and to one presentation per meeting on non-agenda matters.

Adopted 1/13/14

Amended 12/4/17

The Board recognizes the need to encourage public participation but also recognizes the need to preserve order and the proper functioning of the meeting. Citizens addressing the Board at meetings shall therefore conduct themselves at all times in a manner appropriate to the setting.

The following will be ruled out of order by the presiding officer:

• Profanity, obscenity and other offensive language.
• Physical violence and/or threats of physical violence directed towards any person or property.

In the event that any meeting is willfully interrupted by the actions of one or more persons so as to render the orderly conduct of the meeting unfeasible, the person(s) may be removed from the meeting room.

Speakers who engage in such conduct may be removed from the podium and denied the opportunity to speak to the Board for the duration of the meeting.

Before removal, a warning and a request that the person(s) curtail the disruptive activity will be made by the President of the Board. If the behavior continues, the person(s) may be removed by a vote of the Board, based on a finding that the person is violating this policy, and that such activity is intentional and has substantially impaired the conduct of the meeting.

If order cannot be restored by the removal in accordance with these rules of individuals who are willfully interrupting the meeting, the Board may order the meeting room cleared and may continue in session. The Board shall only consider matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this rule.

Approved 2/3/14

The Chancellor shall cause minutes to be taken of all meetings of the Board. The minutes shall record all actions taken by the Board. The minutes shall be public records available to the public. If requested, the minutes shall be made available in appropriate alternative formats so as to be accessible to persons with a disability.

Approved 3/3/14

Any audio or video recording of an open and public Board meeting made by or at the direction of the Board shall be subject to inspection by members of the public in accordance with the California Public Records Act, Government Code Sections 6250 et seq. The Chancellor is directed to enact administrative procedures to ensure that any such recordings are maintained for at least thirty days following the taping or recording.

Persons attending an open and public meeting of the Board may, at their own expense, record the proceedings with an audio or video tape recording or a still or motion picture camera or may broadcast the proceedings. However, if the Board finds by a majority vote that the recording or broadcast cannot continue without noise, illumination, or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings, the Board President will ask that recording cease.

See Administrative Procedure 2365 Recording

Approved 3/3/14

The Board of Trustees shall be the policy-forming body of the Foothill-De Anza Community College District. The Board, with the recommendation and assistance of the Chancellor, may adopt such policies as are authorized by law or determined by the Board to be necessary for the efficient operation of the District. Board policies (BPs) are intended to be statements of intent by the Board on a specific issue within its subject matter jurisdiction.

The policies have been written to be consistent with provisions of law, but do not encompass all laws relating to district activities. Any policies which impact working conditions are subject to negotiations with the relevant bargaining units. All District employees are expected to know of and observe all provisions of law pertinent to their job responsibilities.

Policies of the Board may be adopted, revised, added to or amended at any regular board meeting by a majority vote. Proposed changes or additions shall be introduced not less than one regular meeting prior to the meeting at which action is recommended, unless the policy is in response to an emergent crisis and is time-sensitive. The Chancellor is authorized to amend policies without Board approval for minor revisions (correction of typographical errors and/or revisions/additions to statutory and regulatory references). The Board shall regularly assess its policies for effectiveness in fulfilling the District's mission.

Administrative procedures (APs) are to be issued by the Chancellor as statements of method to be used in implementing Board Policy. Such administrative procedures shall be consistent with the intent of Board Policy. Administrative procedures may be revised as deemed necessary by the Chancellor. The Board reserves the right to direct revisions of the administrative procedures should they, in the Board’s judgment, be inconsistent with the Board’s own policies.

Copies of all policies and administrative procedures shall be readily available to District employees and the public through the district website.

See Administrative Procedure 2410 Board Policies and Administrative Procedures

Approved 5/1/95

Amended and renumbered 3/3/14 (formerly BP 2615)

Amended 7/8/24

The Board of Trustees of the Foothill-De Anza Community College District delegates to the Chancellor of the District the executive responsibility for administering the policies adopted by the Board and executing all decisions of the Board requiring administrative action. The Board gives the Chancellor full authority to implement board policies and ensure effective operations and fulfillment of the institutional mission. In the initiation and formulation of District policies, the Chancellor shall act as the professional advisor to the Board.

The Chancellor may delegate any powers and duties entrusted to him/her/them by the Board including the administration of each college and center, but he/she/they will be specifically responsible to the Board for the execution of such delegated powers and duties.

The Chancellor is empowered to reasonably interpret Board policy. In situations where there is no Board policy direction, the Chancellor shall have the power to act, but his/her/their decisions shall be subject to review by the Board. It shall be the duty of the Chancellor to inform the Board promptly of such action and to recommend a written Board policy if one is required.

The Chancellor shall make available any information or give any report requested by the Board as a whole. Individual trustee requests for information shall be met if, in the opinion of the Chancellor, they are not unduly burdensome or disruptive to District operations. Information provided to any trustee shall be provided to all trustees.

The Chancellor shall ensure that all relevant laws and regulations are complied with, and that required reports are submitted in a timely fashion.

The Chancellor is expected to perform the duties contained in the Chancellor's job description and fulfill other responsibilities as may be determined in annual goal-setting or evaluation sessions. The job description and goals and objectives for performance shall be developed by the Board in consultation with the Chancellor. In his/her/their capacity as Chancellor, he/she/they shall attend all meetings of the Board (except when the current Chancellor's contract is under consideration) and serve as Secretary to the Board.

See Administrative Procedure 2430 Delegation of Authority to Chancellor

Approved 11/7/60

Amended 5/1/95

Amended and renumbered 5/5/14 (formerly BP 2210)

Amended 8/4/25

In the event of a Chancellor vacancy the Board of Trustees shall establish a search process to fill the vacancy. The process shall be fair and open and comply with relevant regulations.

In the event of a President vacancy the Chancellor shall establish a search process to fill the vacancy. The process shall be fair and open and comply with relevant regulations. The Chancellor shall inform the Board of the process.

Approved 2/7/11

Revised and renumbered 5/5/14 (formerly BP 2215)
Amended 8/4/2025

When the Chancellor is absent from the District, the line of authority will be as follows, depending on the presence in the District of the administrators listed:

1. Vice Chancellor of Business Services

2. Vice Chancellor of Human Resources and Equal Opportunity

3. Vice Chancellor of Technology

4. President, Foothill College

5. President, De Anza College

In the absence of all of the administrators listed above, the line of authority shall be the highest ranking administrator at Foothill College, then De Anza College. The Acting Chancellor will assume all responsibilities normally assigned to the Chancellor.

The Board shall appoint an acting Chancellor for periods exceeding three months.

Approved 12/14/60

Amended 7/5/67, 4/6/70, 5/1/95, 9/8/03, 2/7/11

Amended and renumbered 5/5/14 (formerly BP 2212)

Amended 6/12/17

The Chancellor will determine that a line of authority is established for each college in case of the absence of the President of a campus.

Adopted 7/5/67

Amended 5/1/95; 2/7/11

Amended and renumbered 5/15/14 (formerly BP 2213)
Amended 8/4/2025

The Board shall conduct an evaluation of the Chancellor at least annually. Such evaluation shall comply with any requirements set forth in the contract of employment with the Chancellor as well as this policy.

The Board shall evaluate the Chancellor using an evaluation process developed and jointly agreed to by the Board and the Chancellor.

The criteria for evaluation shall be based on Board policy, the Chancellor job description, and performance goals and objectives developed jointly between the Chancellor and Board.

Approved 6/21/04

Amended and renumbered 5/15/14 (formerly BP 9301)

In the development of rules, regulations, and arrangements for the operation of the District, the Chancellor shall include at the planning stage whenever feasible those employees who will be affected by such provisions.

The Chancellor shall evolve channels with academic and classified personnel for ready inter-communication of ideas and feelings regarding the operation of the District. He/she/they shall weigh all such counsel, especially that given by groups designated to represent large segments of the staff. He/she/they shall, where applicable, inform the Board of such counsel in presenting reports and in presenting recommendations for Board action.

It is emphasized that the Board considers such a cooperative endeavor as entirely advisory. Groups and committees wishing to present reports to the Board shall communicate this desire to the Chancellor; and, after a review of the material, the Chancellor will arrange on the Board agenda for such a presentation. In case a decision is requested, the Chancellor shall be prepared to make a recommendation.

See Board Policy 2615 Board Representatives for Meet and Confer or Meet and Negotiate Process

Adopted 4/3/61

Amended 5/1/95

Amended and renumbered 8/4/25 (formerly BP 2230)

Under the provisions of Government Code 3540.1 (g) the Board of Trustees will designate as management positions those "having significant responsibilities for formulating district policies or administering district programs." Management employees thereby become responsible to the Board through the Chancellor for the efficient and effective administration of the programs of the District. This responsibility will be carried out through a cooperative effort among administrators, and more importantly, through mutual trust, respect, and cooperation between the Board and management.

See Board Policy 2430 Delegation of Authority to Chancellor

See Board Policy 3100 Organizational Structure

Approved 6/20/77

Revised 5/1/95

Amended and renumbered 8/4/25 (formerly BP 2600)

Subject to the provisions of Government Code Section 3543.4, the process of meeting and conferring with management employees will be carried out through the Chancellor. Proposals for revision of the salary schedule and changes in benefits related to the schedule will be made to the Board sufficiently in advance of budget adoption that full consideration may be given.

Approved 6/20/77

Amended 5/1/95

The Board will select annually a representative or representatives to meet and confer or meet and negotiate with recognized employee organizations. The Board will give direction on each item proposed by a recognized organization and will provide counter proposals through these representatives. Board representatives will have authority within given guidelines to reach tentative agreements to be presented to the Board for adoption in a contract covering those matters that are within the scope of representation as prescribed in Government Code Section 3543.2.

All management employees shall be available to the Board representatives for consultation and may be included in discussions relative to employee‑employer relations at the discretion of the Board representatives or the Chancellor.

Neither the Board representatives nor the members of the Board of Trustees shall make any public statements relative to items under discussion during the course of the meet and confer or meet and negotiate process. Only official statements adopted by action of the Board will be made public.

Members of the Board will not meet and confer or meet and negotiate with representatives of recognized employee organizations except through the duly appointed Board representatives unless no such representatives have been appointed.

Approved 4/19/67

Amended 3/5/68, 2/3/71, 6/7/72, 6/28/76

Amended and renumbered 8/4/25 (formerly BP 2610.2)

Board members shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as Board members.

A Board member shall not be considered to be financially interested in a contract if his/her interest is limited to those interests defined as remote under Government Code Section 1091 or is limited to interests defined by Government Code Section 1091.5.

A Board member who has a remote interest in any contract considered by the Board shall disclose his/her interest during a Board meeting and have the disclosure noted in the official Board minutes. The Board member shall not vote or debate on the matter or attempt to influence any other Board member to enter into the contract.

A Board member shall not engage in any employment or activity that is inconsistent with, incompatible with, in conflict with or inimical to his/her duties as an officer of the District.

In compliance with law and regulation, the Chancellor shall establish administrative procedures to provide for disclosure of assets of income of Board members who may be affected by their official actions, and prevent members from making or participating in the making of Board decisions which may foreseeably have a material effect on their financial interest.

Board members shall file statements of economic interest as set forth in the conflict of interest code.

See Administrative Procedure 2710 Conflict of Interest

See Board Policy 2712 Conflict of Interest Code

Approved 11/3/14

The Political Reform Act, California Government Code section 81000 et seq., requires State and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearing. Therefore, the terms of Title 2, California Code of Regulations, section 18730, and any amendments to it, duly adopted by the Fair Political Practices Commission, along with the Appendix, below, in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Foothill-De Anza Community College District.

Board members and designated employees shall file Statements of Economic Interests with the district’s filing official. If a Statement is received in signed paper format, the district’s filing official shall make and retain a copy and forward the original of this Statement to the filing officer, the County of Santa Clara Clerk of the Board of Supervisors. If a Statement is electronically filed using the County of Santa Clara’s Form 700 e-filing system, both the district’s filing official and the County of Santa Clara Clerk of the Board of Supervisors will receive access to the e-filed Statement simultaneously. The district shall make the Statements available for public inspection and reproduction subject to Government Code section 81008.

DESIGNATED POSITIONS/DISCLOSURE CATEGORIES

1. Persons occupying the following positions are designated employees in Category 1:

Trustee

Chancellor

President

Vice President

Vice Chancellor of Business Services

Vice Chancellor of Human Resources & Equal Opportunity

Vice Chancellor of Technology

Associate Vice President

Executive Director of Facilities and Operations

Executive Director, Fiscal Services

Director, Budget Operations

Director of Capital Construction Program

Executive Director of Foundation

Associate Vice Chancellor, California Community College Online Education Initiative

Director, Strategic Planning and Operations for the Online Education Initiative

Designated persons in this category must report:

(a) Interests in real property located entirely or partly within District boundaries, or within two miles of District boundaries or of any land owned or used by the District. Such interests include any leasehold, beneficial or ownership interest or option to acquire such interest in real property.

(b) Investments in, business positions in, and income (including gifts, loans, and travel payments) from sources which:

1. Are engaged in the acquisition or disposal of real property within the District;

2. Are engaged in work or services of the type used by the District; or

3. Manufacture or sell supplies, goods, machinery or equipment of the type used by the District.

2. Persons occupying the following positions are designated employees in Category 2:

Associate Vice Chancellor of Human Resources

Associate Vice Chancellor, Information Systems and Operations

Associate Vice Chancellor, Networks and Client Services

Chief Academic Affairs Officer for the Online Education Initiative

Chief Student Services Officer for the Online Education Initiative

Dean of Student Affairs and Activities

Dean of Learning Resource Center, Foothill

Executive Director, Institutional Planning and Research

Director, Benefits

Director of Campus Center

Director of Environmental Health & Safety

Director of Equity, Employment, and Professional Development

Director of Purchasing, Contracts & Risk Management

Manager of Contracts and Risk Management

Senior Buyer

Buyer

Designated persons in this category must report investments in, business positions in, and income (including gifts, loans, and travel payments) from sources which:

(a) Are engaged in work or services of the type used by the department which the designated person manages or directs, or

(b) Manufacture or sell supplies, goods, machinery or equipment of the type used by the department which the designated person manages or directs. For the purposes of this category, a Central Services manager’s department is the entire District and a campus manager’s department is the entire campus.

3. Persons occupying the following positions are designated employees in Category 3:

Consultant

Consultants, as defined for purposes of the Political Reform Act, shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Chancellor or designee may determine, in writing, that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to comply fully with the disclosure requirements of the broadest category, but instead must comply with more tailored disclosure requirements specific to that consultant. Such a determination shall include a description of the consultant’s duties and a statement of the extent of disclosure requirements based upon that description. All such determinations are public records and shall be retained for public inspection along with this conflict of interest code.

A "consultant" is an individual who, pursuant to a contract with the District makes a governmental decision whether to:

(i) Approve a rate, rule, or regulation;

(ii) Adopt or enforce a law;

(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

(iv) Authorize the district to enter into, modify, or renew a contract provided it is the type of contract that requires district approval;

(v) Grant district approval to a contract that requires district approval and to which the district is a party, or to the specifications for such a contract;

(vi) Grant district approval to a plan, design, report, study, or similar item;

(vii) Adopt, or grant district approval of, District policies, standards, or guidelines.

A consultant is also an individual who, pursuant to a contract with the district, serves in a staff capacity with the district and in that capacity participates in making a governmental decision as defined in regulation 2 CCR 18704 or performs the same or substantially all the same duties for the district that would otherwise be performed by an individual holding a position specified in the district's Conflict of Interest Code.

Newly created positions

A newly created position that makes or participates in the making of decisions that may foreseeably have a material effect on any financial interest of the position-holder, and which specific position title is not yet listed in the district's conflict of interest code is included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The Chancellor or designee may determine in writing that a particular newly created position, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the broadest disclosure requirements, but instead must comply with more tailored disclosure requirements specific to that newly created position. Such written determination shall include a description of the newly created position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The district’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code (Government Code section 81008).

As soon as the district has a newly created position that must file Statements of Economic Interests, the district shall contact the County of Santa Clara Clerk of the Board of Supervisors Form 700 division to notify it of the new position title to be added in the County’s electronic form 700 record management system, known as eDisclosure. Upon this notification, the Clerk’s office shall enter the actual position title of the newly created position into eDisclosure and the district's filing official shall ensure that the name of any individual(s) holding the newly created position is entered under that position title in eDisclosure.

Additionally, within 90 days of the creation of a newly created position that must file Statements of Economic Interests, the district shall update this conflict of interest code to add the actual position title in its list of designated positions, and submit the amended conflict of interest code to the County of Santa Clara Office of the County Counsel for code-reviewing body approval by the County Board of Supervisors (Government Code section 87306).

See Board Policy 2710 Conflict of Interest

Approved 2/18/03

Amended 8/2/04, 8/28/06; 8/25/08; 10/20/08; 8/30/10

Reviewed 8/6/12

Amended and renumbered 08/25/14 (formerly BP 9200)

Amended 8/29/16, 8/6/18, 11/2/20

Approved by Santa Clara County Board of Supervisors 12/15/20

Amended 4/4/22

Approved by Santa Clara County Board of Supervisors 4/19/22

Amended 10/3/22

Approved by Santa Clara County Board of Supervisors 12/13/22

The Board of Trustees maintains high standards of ethical conduct for its members. Trustees of the Foothill-De Anza Community College District will adhere to the following code of ethics. Each trustee shall:

• Devote the necessary time, thought and study to the duties and responsibilities of a Trustee to render effective and credible service.
• Work with fellow Board members in a spirit of harmony, respect and cooperation, acknowledging that differences of opinion will arise.
• Base personal decisions upon all available facts in each situation, vote honest conviction in every case, and respect the final majority decision of the Board.
• Deal openly with issues while maintaining strict confidentiality when appropriate or required.
• Remember at all times that an individual Board Member has no legal authority outside the meetings of the Board and conduct all relationships with the college staff, students, local citizenry and media on the basis of that fact.
• Avoid any situations where conflict of interest is real or apparent and promptly and honestly file all conflict of interest statements as required by law. A Board member shall not use position as a Board Member for personal benefit or gain.
• Welcome and encourage input and active cooperation by citizens of the college community and the community at large.
• Act only in the best interests of the entire community.
• Ensure public input into Board deliberations and adhere to the law and spirit of the open meeting laws and regulations.
• Communicate through appropriate channels.

Trustees who violate the Board’s code of ethics harm the Board and District. If this situation occurs, the following process shall be followed:

• First, the Chancellor, along with the Board President (or other key trustee) will meet with the member to discuss the perceived violation, obtain the member’s explanation of what occurred and attempt to resolve the problem informally.
• As a second step, if necessary, other trustees (less than a quorum) shall talk to the member to help him/her understand the significance of the situation and how to resolve it. To the extent the member’s conduct has exposed either him/her or the Board to legal action, the President may arrange a confidential meeting between the President, the member and the District counsel to further discuss the problem.
• Third, if other steps have not resolved the problem, the Board may make public statements of expected Board behavior and/or a Board resolution about what expected behavior is, and/or a reaffirmation of its ethics policy.
• As deemed advisable, the Board shall schedule additional workshops or retreats on codes of ethics and the importance of upholding them.
• Finally, if all other steps have failed, the Board shall consider taking a vote to publicly censure the member.

Notwithstanding the foregoing, if a violation occurs at a Board meeting, the President should take the opportunity to state what the expectations and standards of the Board are, recess the meeting, or otherwise respond to the violation, including, without limiting the President’s options, adjourning and continuing the meeting to a later date or time.

See Board Policy 2310 Regular Meetings

See Board Policy 2315 Closed Session
See Board Policy 2710 Conflict of Interest

See Administrative Procedure 2710 Conflict of Interest

See Board Policy 2716 Political Activity
See Board Policy 2717 Personal Use of District Resources
See Board Policy 2740 Board Education

See Board Policy 3410 Nondiscrimination

See Administrative Procedure 3410 Nondiscrimination
See Board Policy 3430 Prohibition of Harrassment

See Administrative Procedure 3430 Prohibition of Harassment

Approved 5/4/92

Amended 1/22/96, 2/18/03, 7/12/04

Incorporated as Board Policy: 4/3/06

Amended and renumbered 6/16/14 (formerly BP 9210), 8/4/25

Members of the Board shall not use District funds, services, supplies, or equipment to urge the passage or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the Governing Board.

Initiative or referendum measures may be drafted on an area of legitimate interest to the District. The Board may by resolution express the Board’s position on ballot measures. Public resources may be used only for informational efforts regarding the possible effects of District bond issues or other ballot measures.

Approved 6/16/14

No trustee shall use or permit others to use district resources, except that which is incidental and minimal, for personal purposes or any other purpose not authorized by law.

Approved 6/16/14

A majority of the members of the Governing Board shall not, outside a regularly scheduled meeting, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the Board. This policy shall not be construed as preventing an employee or official of the District from engaging in separate conversations or communications with members of the Board outside of a meeting in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of Board, if that person does not communicate to members of the Board the comments or position of any other member or members of the Board.

Approved 7/7/14

Each publicly elected member of the Board of Trustees shall be compensated in accordance with the provisions and limits of Education Code 72024.

Members of the Board who attend all board meetings shall receive $750.00 per month. A member of the Board who does not attend all meetings held by the Board in any month shall receive, as compensation, an amount not greater than the pro rata share of the number of meetings actually attended.

A member of the Board may be paid for a meeting when absent if the Board, by resolution, finds that at the time of the meeting the member is performing services outside the meeting for the community college district, is ill, on jury duty, or the absence is due to a hardship deemed acceptable by the Board.

Approved 1/8/01

Amended and renumbered 7/7/14 (formerly BP 9130)

Each publicly elected trustee of the Foothill-De Anza Community College District shall receive the same paid benefits as are granted to administrative employees of the District during the term of his/her elected service.

Each qualified former elected trustee whose services as a Board member began prior to January 1, 1995, shall receive the same paid benefits as are granted to qualified retired administrative employees hired prior to July 1, 1997.

A qualified former trustee whose service as a Board member began prior to January 1, 1995, is one who, at the time he/she leaves office:

• is age 55 or older; and
• has rendered total continuous service as a trustee to the Foothill-De Anza Community College District for twelve (12) or more years immediately preceding his or her retirement.

Each qualified former elected trustee whose service as a Board member began on or after January 1, 1995, shall receive the same paid benefits as are granted to qualified retired administrative employees hired on or after July 1, 1997.

A qualified former trustee whose service as a Board member began on or after January 1, 1995 is one who, at the time he/she leaves office:

• is age 55 or older; and
• has rendered total continuous service as a trustee to the Foothill-De Anza Community College District fifteen (15) or more years immediately preceding his or her retirement.

For the duration of the District’s contract with the CalPERS Health Program for health benefit coverage of the Public Employees’ Medical and Hospital Care Act (PEMHCA), each qualified former trustee shall also be required to meet the following PEMHCA provisions:

• retire under CalPERS, CalSTRS or a district-sponsored qualified retirement plan within 120 days of separation from elected service; and
• meet the definition of annuitant in accordance with PEMHCA Section 22760.

The benefits provided under this Board policy shall remain subject to alteration or termination by the Board at any time.

Approved 2/1/82
Amended 6/7/93; 2/3/97; 3/20/00; 8/6/12
Amended and renumbered 5/5/14 (formerly BP 9140)

Members of the Board may have travel and/or conference expenses paid when they travel as representatives of and perform services directed by the Board. The Board is expected to travel in an economically prudent manner.

Board of Trustees Travel Allocation

District paid travel shall be limited to the amount adopted in the annual budget, unless the adopted budget is adjusted by a vote of the trustees. Unused funds will revert to the general fund.

Newly elected trustees in their first year of service are expected to participate in the Community College League of California Effective Trustee Workshop. The cost of the Effective Trustee Workshop shall be borne by the district.

Approval for Travel

Each August, the Board will review the annual schedule of conferences and trainings, which lists in-state events that are routinely attended by trustees. No advance approval will be required for events on the annual schedule.

Advance approval by the Board of Trustees is required for out-of-state travel, travel related to service on external boards or committees, and extraordinary invitations.

Travel requiring approval will be placed on the Board agenda by the president and vice president of the Board in consultation with the chancellor.

Reimbursement for Travel

Reimbursement for trustee travel shall only be made if travel is approved as outlined in the section above. Reimbursement for trustee travel expenses shall follow district administrative procedures.

Report on Conference Participation

Board members shall provide brief reports of conference attendance and/or professional development activities at the regular meeting of the Board of Trustees that follows the activity.

See Administrative Procedure 7400 Employee Travel

Approved 3/1/10

Amended and renumbered 8/4/14 (formerly BP 2620)

Amended 7/3/17

The Board of Trustees is committed to its ongoing development as a Board and to a trustee education program that includes new trustee orientation.

To that end, the Board will engage in study sessions, provide access to reading materials, and support conference attendance and other activities that foster trustee education.

See Board Policy 2200 Board Philosophy, Mission, and Roles and Responsibilities

See Board Policy 2715 Code of Ethics/Stanfords of Practice for Board of Trustees

See Board Policy 2735 Board Member Travel

Approved 8/4/14

Revised 8/4/25

The Board of Trustees is committed to assessing its own performance as a board in order to identify its strengths and areas in which it may improve its functioning.

To that end, the Board has established the following processes:

The Board shall annually determine the instrument or process to be used in the Board’s self‑evaluation. The evaluation instrument shall incorporate criteria contained in the Board policies regarding Board operations, as well as criteria defining Board effectiveness promulgated by recognized practitioners in the field. The process for evaluation shall be recommended to and approved by the Board. If an instrument is used, all Board members will be asked to complete the evaluation instrument and submit them to the Chancellor. A summary of the evaluations will be presented and discussed at a Board meeting scheduled for that purpose. The results will be used to identify accomplishments in the past year, goals for the following year, and strategic plans for future years.

The criteria for the Board's self-evaluation shall also include performance goals and objectives related to the District's and the Board's commitment to anti-racism, diversity, equity, and inclusion.

See Board Policy 2200 Board Philosophy, Mission and Roles and Responsibilities

See Board Policy 2435 Evaluation of the Chancellor

See Administrative Procedure 2435 Evaluation of the Chancellor

See Administrative Procedure 7150 Employee Evaluation

Approved 6/21/04

Amended and renumbered 5/15/14 (formerly BP 9300)

Amended 8/4/25

No member of the Board shall be absent from the state for more than 60 days, except in any of the following situations:

• Upon business of community college district with the approval of the Board.
• With the consent of the Board for an additional period not to exceed a total absence of 90 days. In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the state may be extended by the Board.
• For federal military deployment, not to exceed an absence of a total of six months, as a member of the Armed Forces of the United States or the California National Guard. If the absence of a member of the Board pursuant to this subdivision exceeds six months, the Board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the Board may appoint an interim member to serve in his/her absence. If two or more members of the Board are absent by reason of the circumstances described in this subdivision, and those absences result in the inability to establish a quorum at a regular meeting, the Board may immediately appoint one or more interim members as necessary to enable the Board to conduct business and discharge its responsibilities.
• The term of an interim member of the Board appointed as set forth above may not extend beyond the return of the absent member, nor may it extend beyond the next regularly scheduled election for that office.

Approved 8/4/14

The District will limit assistance to candidates, including incumbents, for the Foothill‑De Anza Community College District Board as follows:

(1) making available to candidates the “Declaration of Candidacy” form,

(2) providing a list of newspapers which will wish vita on each candidate, and

(3) making available all records, minutes, documents, etc., concerning the Colleges which would be available to any citizen of the community. College mailing lists will not be made available to candidates.

Incumbents shall be treated the same as non-incumbents for the purposes of these rules.

Staff members should feel free — even obligated — to answer in as objective a manner as possible questions posed by candidates. Staff members will be supported in insisting that there be reasonable time limits for such interviews. Staff members should be aware of rules against campaigning for candidates during working hours, and against utilizing College District funds or property to campaign.

This policy is not intended to limit the right of any employee organization or approved student organizations to invite candidates to speak or otherwise present views. If any one candidate (or advocacy group) is invited on campus to speak, then the same opportunity must be made to all candidates.

Also, it is not the intent of this policy to limit a staff member in exercising his/her/their rights as a citizen on his/her/their own time in the democratic process of selecting board members.

This policy shall not infringe upon the right of unions, using their own resources, to communicate with their members, including the dissemination of political advocacy.

See Board Policy 2010 Board Membership

See Board Policy 2100 Board Elections

See Board Policy 2716 Political Activity

Approved 12/4/61

Amended 2/3/97
Amended and renumbered 8/04/25 (formerly BP 9550)

The Board of Trustees will be composed of five trustees elected by the qualified voters of the district. Members shall be elected by trustee area as defined in BP 2100 Board Elections.

Any person who meets the criteria contained in law is eligible to be elected or appointed a member of the Board.

Employees of the District may not be sworn into office as an elected or appointed member of the Board of Trustees unless the employee resigns as an employee.

No member of the Board of Trustees shall, during the term for which the member is elected, hold an incompatible office.

Members of the Board of Trustees shall not, during the term for which they were elected, be eligible to serve on the governing board of a high school district whose boundaries are coterminous with those of the community college district.

Adopted 3/2/64

Amended 5/3/82, 2/7/11

Amended and renumbered 6/3/13 (formerly BP 9110)

Amended 7/11/22

Amended 1/13/25

The Board of Trustees shall include two non-voting student members. The term of the student trustees will be one year commencing on June 1.

A student member shall be enrolled in and maintain a minimum of eight quarter units in the District at the time of nomination and throughout the term of service and a minimum cumulative grade point average of 2.0 at the time of nomination and throughout the term of service. The District shall not impose eligibility requirements more stringent than those set forth in Education Code Section 72023.5.

A student member is not required to give up student employment with the District.

A student trustee shall be seated with the elected trustees during the open session portion of all public meetings of the Board and shall be recognized at those meetings as full members of the Board. The student trustees will be entitled to an advisory vote although the vote shall not be included in determining the vote required to carry any measure before the board. The student members are entitled to participate in discussion of issues and receive all materials presented to members of the Board, except for issues and items discussed in closed session.

A student member shall be entitled to any mileage allowance necessary to attend board meetings to the same extent as publicly elected trustees. A student member shall have the opportunity to cast an advisory vote immediately before the regular members of the Board cast votes. A student member's advisory vote shall not be included in determining the vote required to carry any measure before the Board.

The student trustees will be entitled to an advisory vote although the vote shall not be included in determining the vote required to carry any measure before the board. If a student trustee wishes to cast an advisory vote, it shall be taken prior to the Board's vote. Futhermore, the student trustees will receive all material presented to the publicly elected trustees, except material that relates to matters considered in closed session. Student trustees do not attend closed session.

On or before May 15 of each year, the Board shall consider whether to afford the student member any of the following privileges:

• The privilege to make and second motions;
• The privilege to attend closed sessions, other than closed sessions on personnel or collective bargaining matters;
• The privilege to receive compensation for meeting attendance at a level of $550 per month prorated to the meetings that the student trustees are expected to attend as determined by the Board. (See BP 2725 Board Member Compensation);
• The privilege to serve a term commencing on May 15 instead of on June 1.

See Board Policy 2100 Board Elections

See Administrative Procedure 2105 Election of Student Member(s)

See Board Policy 2725 Board Member Compensation

Approved 5/3/82

Amended 5/6/85; 5/1/92; 5/1/95; 5/6/96; 2/3/97; 5/4/98

Readopted 5/4/98, 5/3/99; 3/6/00; 3/5/01, 4/15/02; 4/21/03

Amended 5/3/04

Readopted 4/18/05, 5/1/06; 4/30/07, 5/5/08, 5/4/09, 5/2/11, 4/2/12

Amended and renumbered 5/13/13 (formerly BP 9110.1)

Readopted 5/5/14, 5/4/15

Amended 5/2/16, 5/1/17

Readopted 5/7/18, 5/6/19, 5/4/20

Amended 5/3/21

Readopted 5/2/22, 5/8/23, 5/6/24, 5/5/25
Amended 12/8/2025

Readopted 5/11/26

The term of each trustee will be four years, commencing on the second Friday in December, following certification of the election results. Terms of trustees will be staggered so that, as nearly as practical, one half of the trustees shall be elected at each even numbered year.

The Board of Trustees has provided for the election of trustees by trustee area. Trustee areas established as of February 14, 2022, are:

Area 1 - Mountain View and portions of north Sunnyvale and northeast Los Altos - November 2024 election and every four years thereafter

Area 2 - Sunnyvale (central) - November 2022 election and every four years thereafter

Area 3 - Los Altos, Los Altos Hills, and portions of south Sunnyvale and northwest Cupertino - November 2024 election and every four years thereafter

Area 4 - Cupertino and small portions of west San Jose, southwestern Santa Clara, and northern Saratoga - November 2022 election and every four years thereafter

Area 5 - Palo Alto and Stanford - November 2024 election and every four years thereafter

Trustee Area Map

The election of a Board member residing in and registered to vote in the trustee area he/she/they seek to represent shall be only by the registered voters of the same trustee area.

The Chancellor shall submit recommendations to the Board regarding adjustments made to the boundaries of each trustee area, if any adjustment is necessary, after each decennial federal census. The Chancellor shall submit the recommendations in time for the Board to act as required by law.

See Board Policy 2010 Board Membership

See Administrative Procedure 2105 Election of Student Members

Approved 6/3/13

Amended 7/11/22

Amended 1/13/25

Vacancies on the Board of Trustees may be caused by any of the events specified in Government Code Section 1770 or any applicable provision in the Elections Code, or by a failure to elect. Resignations from the Board shall be governed by Education Code Section 5090. The governing board shall carefully follow Education Code sections 5090-5095 in the event of a vacancy or deferred resignation.

Within 60 days of the vacancy or filing of a deferred resignation, the Board shall either order an election or make a provisional appointment to fill the vacancy. In the event that the governing board fails to make a provisional appointment or order an election within the prescribed 60-day period as required by Education Code Section 5091, the county superintendent of schools shall order an election to fill the vacancy.

If an election is ordered, it shall be held on the next regular election date not less than 130 days after the occurrence of the vacancy (pursuant to Education Code Sections 5090-5095).

If a provisional appointment is made, it shall be subject to the conditions in Education Code Section 5091. The person appointed to the position shall hold office only until the next regularly scheduled election for district governing board members, when the election shall be held to fill the vacancy for the remainder of the unexpired term. The provisional appointment will be made by a majority public vote of the Board members at a public meeting.

The Chancellor shall establish administrative procedures to solicit applications that assure ample publicity to and information for prospective candidates. The Board will determine the schedule and appointment process, which may include interviews at a public meeting.

See Board Policy 2010 Board Membership

See Administrative Procedure 2110 Vacancies on the Board

See Board Policy 2750 Board Member Absence from the State

Approved 3/2/64

Amended and renumbered 2/3/14 (formerly BP 9111)

Amended 1/13/25

Philosophy of the Board of Trustees

(approved 3/15/99, reaffirmed 10/2/00, and amended and reaffirmed 7/12/04)

We, the trustees of the Foothill-De Anza Community College District, commit ourselves individually and collectively to the highest standards of conduct. We acknowledge that each of us shares a profound obligation to exercise our best possible judgment as we face the matters affecting the health and vitality of this institution which we hold in trust for current and future generations. We pledge to work together on behalf of our community in a spirit of cooperation and collaboration.

Mission of the Board of Trustees

(adopted 5/11/92, amended and reaffirmed 7/12/04)

The Board of Trustees carries out the philosophy, mission and priorities of Foothill-De Anza Community College District through the execution of the following responsibilities:

• Determines policy and direction of the institution, and evaluates the implementation of policy recognizing the philosophy of participatory governance that exists in the District;
• Establishes and protects districtwide a climate in which teaching and learning are deeply valued, where the worth and dignity of each individual is respected, and where cultural diversity is celebrated;
• Acknowledges students, their opportunities, and their progress as the central purpose of our colleges and supports their academic pursuit through careful program review;
• Ensures the fiscal health and stability of the Colleges and Central Services by having close working relationships with the Chancellor, financial staff, and auditors, and assures that proper procedures are in place to monitor this fiscal stability;
• Appoints, supports and assesses the performance of the Chancellor, and assures integrity and oversight of the evaluation processes for all district employees and the Board itself;
• Ensures quality teaching through its oversight of policies and procedures for hiring, tenure review, and professional growth of faculty and administrative staff, and clearly recognizes the contribution of classified staff in enabling teaching and learning to take place;
• Acts as a community bridge, recognizing that community priorities are to be addressed through program offerings, types of facilities, and neighborly cooperation;
• Serves as a positive agent of change, recognizing that it holds the Colleges in trust for future generations of students;
• Serves as a court of appeal; and
• Works constantly to improve the Board's quality of trusteeship through orientation, education, and assessment of its own performance.

Roles and Responsibilities

(adopted 3/15/99, amended and reaffirmed 7/12/04)

The Board of Trustees fulfills its roles and responsibilities in each of the following areas:

A. BOARD LEADERSHIP, OVERSIGHT AND REPRESENTATION

1. To establish and oversee the District’s mission, purposes, goals, policies, programs, services, and needs, and ensure implementation through the Chancellor.
2. To appoint, support, and evaluate the Chancellor.
3. To hold the educational welfare of the students attending the colleges as a primary concern of the Trustees.
4. To preserve the institutional autonomy and integrity of the District by serving as a model for all to emulate.
5. To represent a broad cross section of the community and reflect the public interest; to represent the District, its Colleges, its aspirations, its students, and the taxpayers; to serve the District as a whole rather than any special interests; and to serve as a bridge between the community, the District and its Colleges.
6. To ensure that the District is well managed.
7. To assure long range planning.
8. To fulfill its fiduciary responsibilities to the public by approving the District’s budget, ensuring that it reflects the District’s mission, priorities and goals; and informing the community of the financial needs of the District.
9. To provide leadership and advocacy to obtain and assure adequate funding, fiscal soundness, and sustainability of the District’s programs and facilities.
10. To support the Foundation and Chancellor in implementing fundraising strategies through donor cultivation and solicitation.
11. To participate in the life of the Colleges’ communities (e.g., attending staff and student recognition ceremonies, special events, fundraisers, etc.) and to be willing to serve on committees.
12. To advocate for legislation to meet the needs of the District and be active and supportive of political activity at the local, state and national level concerning laws and funding activities of the community college system, and to remain informed of and participate in community college trustee organizations to keep each member abreast of state and national trends and issues.

B. BOARD CONDUCT, PERFORMANCE AND STATUTORY RESPONSIBILITIES

1. To observe all state and federal statutes and administrative regulations, including the open meeting requirements of the Brown Act, the Education Code, the Government Code, and the Labor Code.
2. To follow all statutes regarding conflicts of interest, to avoid even the appearance of a conflict of interest that might embarrass the Board or the institution, and to reveal any possible conflict of interest to the Board in a timely fashion.
3. To attend all Board meetings regularly and promptly, and review all materials sent out in advance of the meetings in order to assure meaningful participation and make informed decisions.
4. To ask appropriate, timely and substantive questions at Board meetings consistent with one's conscience and convictions.
5. To periodically suggest agenda items for Board meetings to ensure that significant policy-related matters are addressed.
6. To vote on all motions of the Board except when removal from action for conflict of interest is declared, to make decisions only after all the facts have been presented and discussed.
7. To maintain the confidentiality of the Board's closed sessions.
8. To serve as a court of appeal.
9. To support and defend all appropriate actions by the Chancellor, the Presidents, Administration, Faculty and Staff.
10. To make judgments, without prejudice, based upon information received from individuals on the campuses and encourage those with real or perceived grievances to follow established policies and procedures through their supervisors. All matters of potential significance should be brought to the attention of the Chancellor or Board President. Any personal criticisms of staff should be presented to the Chancellor.
11. To consult with the Chancellor’s designated contact persons responsible for board items; to request special information, studies or board items through the Board or Board President; to be at all times polite and respectful of staff, remembering that they have other duties and responsibilities, and to avoid placing or appearing to place pressure of any kind on individual students, faculty, staff, or administrators.
12. To speak for the Board only when designated to do so if contacted by the media.
13. To follow the same rules, regulations, and policies of the District as do other employees related to benefits, travel, parking, financial reimbursements, etc.
14. To encourage periodic review of the Board's performance.
15. To communicate with the Chancellor's Office regarding extended absences, vacations, etc.

Approved and incorporated as board policy 2/3/14

The Board of Trustees shall elect the following officers at its annual organizational meeting: President, Vice President, and Secretary. The President and Vice President will be elected from the Board membership and the Secretary will be the Chancellor of the District.

Terms of office shall be for one year.

The duties of the President are:

• Preside over all meetings of the Board;
• Call emergency and special meetings of the Board as required by law;
• Consult with the Chancellor on Board meeting agendas;
• Communicate with individual Board members about their responsibilities;
• Participate in the orientation process for new Board members;
• Assure Board compliance with policies on Board education, self‑evaluation and Chancellor evaluation;
• Appoint Board members to committees as delineated in Board Policy.
• Represent the Board at official events or ensure Board representation.

The duties of the Vice President are:

• Serve as President Pro Tempore in the absence of the President;
• Perform duties as assigned by the President.
  

The duties of the Secretary are:

• Notify members of the Board of regular, special, emergency and adjourned meetings;
• Prepare, post and disseminate Board meeting agendas;
• Prepare for adoption of minutes of Board meetings;
• Attend all Board meetings and closed sessions, unless excused, and in such cases to assign a designee;
• Conduct the official correspondence of the Board;
• Certify as legally required all Board actions;
• Sign, when authorized by law or by Board action, any documents that would otherwise require the signature of the Secretary or the Clerk of the Board;
• Ensure that meetings, arrangements, and materials are in compliance with the Brown Act;
• Ensure the appropriate maintenance of the Board’s official minutes, records, and documents.

The Board does not have an official system of rotation of officers; it elects the officers each year from among all its members.

See Board Policy 2305 Annual Organizational Meeting

See Board Policy 2740 Board Education

Approved 3/2/64

Amended 2/3/97, 2/18/03, 3/7/11

Renumbered 5/5/14 (formerly BP 9120)

Amended 1/13/25

The Board President may on his/her/their own initiative or by Board authorization appoint ad hoc committees of not more than two members for special projects or purposes. Such a special project or purpose may continue more than one year, and the Board committee may continue on without annual reappointment.

The Board may invite citizens appointed by the Board to join with the Board to consider any subject or item of high significance so the Board may obtain a broadened community viewpoint or reaction.

The Board may by action establish committees that it determines are necessary to assist the Board in its responsibilities. Any committee established by Board action shall comply with the requirements of the Brown Act and with these policies regarding open meetings.

Board committees that are composed solely of less than a quorum of members of the Board that are advisory are not required to comply with the Brown Act, or with these policies regarding open meetings, unless they are standing committees.

Board committees that are only advisory have no authority or power to act on behalf of the Board. Findings or recommendations shall be reported to the Board for consideration.

The Board has established the following committee(s):

Audit and Finance Committee – Acts in an advisory role to the Board in carrying out its oversight and legislative responsibilities as they relate to the District’s financial management.

An Audit and Finance Committee shall be appointed by the Board of Trustees.

Section 1 – Membership

The membership of the committee shall consist of two Board members and four members of the community at large who have special interest and knowledge in organizational financial matters. The President of the Board of Trustees shall appoint the Board members to serve on the committee for a one-year term beginning each January. The President of the Board of Trustees shall appoint one of the Board members as the Chair of the Audit and Finance Committee.

1.1 Term. Except as otherwise provided herein, each community member shall serve a term of four (4) years, commencing in January of each year. No community member may serve more than two (2) consecutive terms. At the Committee's first meeting, community members will draw lots or otherwise volunteer to select a minimum of two members to serve for an initial two (2) year term and the remaining members for an initial four (4) year term.

1.2 Appointment. Members of the Committee shall be appointed by the Board through the following process: (a) community members will be solicited for applications; (b) the Chancellor or his or her designee will review the applications in consultation with the Board President; and (c) the Chancellor or his or her designee, following consultation with the Board President, will make recommendations to the Board.

1.3 Removal; Vacancy. The Board may remove any Committee member for any reason, including failure to attend two consecutive Committee meetings without reasonable excuse or for failure to comply with the Board of Trustee Ethics Policy. Upon a member's removal, his or her seat shall be declared vacant. The Board, in accordance with the established appointment process, shall fill any vacancies on the Committee. Vacancies shall be filled within 90 days from the initial date of each such vacancy.

1.4 Compensation. The Committee members shall not be compensated for their services.

1.5 Authority of Members. (a) Committee members shall not have the authority to direct staff of the District; (b) individual members of the Committee retain the right to address the Board, either on behalf of the Committee or as an individual; and (c) the Committee may only receive copies of reports and documents which have been previously presented to the Board and which are a public record, or those which the Board of Trustees have specifically designated for the Committee’s review.

Section 2 – Meetings of the Committee

2.1 Regular Meetings. The Committee shall meet quarterly but may meet more often as the Committee shall determine, but no more frequently than monthly.

2.2 Location. All meetings shall be held within the boundaries of the Foothill-De Anza Community College District.

2.3 Procedures. All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to such additional procedural rules as the Committee may adopt. A majority of the number of Committee members shall constitute a quorum for the transaction of any business of the Committee.

Section 3 – Purpose

The Audit and Finance Committee shall act in an advisory role to the Board in carrying out its oversight and legislative responsibilities as they relate to the District's financial management. In this capacity the Audit and Finance Committee will:

• Review and monitor budget and financial material and reports related to financial matters, including bonds, certificates of participation and other funding instruments, to come before the Board of Trustees.

• Monitor the external audit selection and engagement process.

• Review independent audit reports and monitor follow up activities.

• Assure availability of the Audit and Finance Committee members to meet with the Board of Trustees each year at the time of presentation of the external audit to the Board.

• Consult with independent auditors regarding accounting, fiscal and related management issues.

• Monitor operational reviews, findings and recommendations and follow up activities.

Citizens’ Bond Oversight Committee – Established pursuant to the conditions of Proposition 39 to:

• inform the public about the expenditure of bond revenues;
• review and report on the proper expenditure of taxpayers’ money for school construction; and
• advise the public as to the District’s compliance with the Proposition 39 requirements as contained in the California Constitution.

See Board Policy 2305 Annual Organizational Meeting

See Board Policy 2740 Board Education

See Board Policy 6740 Citizens’ Bond Oversight Committee
See Administrative Procedure 6740 Citizens' Bond Oversight Committee

Approved 3/2/64

Amended 2/3/97, 2/7/11

Amended and renumbered 2/3/14 (formerly BP 9122)

Amended 1/13/25

As outlined in Title 5 regulations, the Board of Trustees remains the body ultimately responsible for the policies of the District. In the execution of that responsibility, the Board recognizes its obligation under Title 5 regulations to “consult collegially” with the Academic Senate on “academic and professional matters.” In that spirit, an assumption common to these recommendations is that there are aspects in the operation of the District which are largely in the domain of faculty and others which largely are not. There are also areas of concern which are the responsibility of both faculty and administration. Areas of “academic and professional matters” include the following:

1. Curriculum, including the establishment of prerequisites and placing courses within disciplines;

2. Degree and Certificate requirements;

3. Grading policies;

4. Educational program development;

5. Standards regarding student preparation and success;

6. Governance structures as related to faculty roles;

7. Faculty involvement in Accreditation;

8. Policies for Faculty professional development activities;

9. Policies for Program Review;

10. Processes for Institutional planning and budget development, and;

11. Other academic and professional matters as mutually agreed upon between the governing board and the academic senate.

Consultation process for academic and professional matters:

Approved 6/7/93

Amended 5/1/95

The Board of Trustees shall ensure that all classified staff be given the opportunity to participate in district and college governance as outlined in Title 5, section 51023.5.

Before the Board of Trustees takes action on matters significantly affecting classified staff, except in unforeseeable, emergency situations, the classified staff shall have input on formulation and development of those matters.

To provide opportunity to influence the deliberative process and encourage improved policies and recommendations, classified staff representatives to the various district and college governance bodies shall be granted the same rights and privileges provided to all other representatives.

The district and colleges shall provide appropriate means (e.g., training and/or orientations) to strengthen classified staff knowledge and understanding of governance issues.

Appointment of classified staff representatives to serve on district and college task forces, committees, or other governance groups shall be made by the Classified Senates and the classified collective bargaining units. Representatives will be fully accountable to their appointing organization.

Classified staff representatives are expected to work within the established guidelines of the participatory governance process.

Approved 7/19/99

The Board of Trustees shall hold an Annual Organizational Meeting at its December Board meeting. In years when Trustees are elected, the annual organizational meeting of the Board will be held within 15 days after the second Friday in December.

Organizational meetings in years in which no regular election for governing board members is conducted shall be held during the same 15-day period on the calendar. The day and time of the annual meeting shall be selected by the Board at its regular meeting held immediately prior to the first day of such 15-day period, and the Board shall notify the County Superintendent of Schools of the day and time selected. The Secretary of the Board shall, within 15 days prior to the day of the annual meeting, notify in writings all members and members-elect of the date and time selected for the meeting.

The purpose of the annual organizational meeting is to elect a President of the Board, Vice President of the Board, and a Secretary of the Board and conduct any other business as required by law or determined by the Board.

Representative to Vote for County Committee (County Committee on School District Organization)

At the annual organizational meeting, the newly elected President of the Board will appoint a member to serve as a representative of the Board to vote for members of the County Committee on School District Organization.

See Board Policy 2210 Officers of the Board

See Board Policy 2220 Committees of the Board

See Board Policy 2310 Regular Meetings

Approved 2/3/97

Amended and renumbered 8/5/13 (formerly BP 9115)

Amended 8/5/24, 12/8/25

Regular meetings of the Board of Trustees shall be held the first Monday of each month unless the Board otherwise prescribes. Regular meetings of the Board shall normally be held at: the Board Room in the District Office Building (D700), 12345 El Monte Road, Los Altos Hills, California.

The Governing Board shall hold regular monthly meetings. The meetings shall occur commencing at 6:00 p.m. on the first Monday of each month at the Board Room in the District Office, 12345 El Monte Road, Los Altos Hills, California. Notice of all regular and special meetings, and posting of agendas, shall be accomplished in conformity with the requirements of the Ralph M. Brown Act, California Government Code Sections 54950, et seq. and with the requirements of California Education Code Section 72000 subdivision (d) and any related provisions.

A notice identifying the location, date, and time of each regular meeting of the Board shall be posted at least ten days prior to the meeting and shall remain posted until the day and time of the meeting. All regular meetings of the Board shall be held within the boundaries of the District except in cases where the Board is meeting with another local agency or is meeting with its attorney to discuss pending litigation if the attorney’s office is outside the District, or is meeting during a proclaimed state of emergency.

All regular and special meetings of the Board shall be open to the public, be accessible to persons with disabilities, and otherwise comply with Brown Act provisions, except as required or permitted by law.

Staff Invited to Board Meetings

All faculty, classified staff and administrators of the District communicate with members of the Board in accordance with established guidelines for communication. All employees of the District are encouraged to attend Board meetings.

Adopted 3/4/63 (former BP 4165)

Adopted 2/3/97 (former BP 9125)

Amended 11/18/96 (former BP 4165)

Amended 6/18/07 (former BP 9125)

Amended and renumbered 12/9/13 (formerly BP 9125)

Amended 7/11/22

Amended 1/13/25 (incorporated language from former BP 4165)

Closed sessions of the Board of Trustees shall only be held as permitted by applicable legal provisions including but not limited to the Brown Act, Government Code and Education Code. Matters discussed in closed session may include:

• the appointment, employment, evaluation of performance, discipline or dismissal of a public employee;
• charges or complaints brought against a public employee by another person or employee, unless the accused public employee requests that the complaints or charges be heard in open session. The employee shall be given at least 24 hours written notice of the closed session.
• advice of counsel on pending litigation, or the initiation of litigation, as defined by law;
• consideration of tort liability claims as part of the District’s membership in any joint powers agency formed for purposes of insurance pooling;
• real property transactions;
• threats to public security;
• review of the District’s position regarding labor negotiations and giving instructions to the District’s designated negotiator;
• discussion of student disciplinary action, with final action taken in public;
• conferring of honorary degrees;
• consideration of gifts from a donor who wishes to remain anonymous;
• to consider its response to a confidential final draft audit report from the Bureau of State Audits; and
• to recieve, confidentially discuss, and learn about cybersecurity risks, vulnerabilities, and threats facing the District.

The agenda for each regular or special meeting shall contain information regarding whether a closed session will be held and shall identify the topics to be discussed in any closed session in the manner required by law.

After any closed session, the Board shall reconvene in open session before adjourning and shall announce any actions taken in closed session and the vote or abstention of every member present.

All matters discussed or disclosed during a lawfully held closed session and all notes, minutes, records, or recordings made of such a closed session are confidential and shall remain confidential unless and until required to be disclosed by action of the Board or by law.

If any person requests an opportunity to present complaints to the Board about a specific employee, such complaints shall first be presented to the Chancellor. Notice shall be given to the employee against whom the charges or complaints are directed. If the complaint is not resolved at the administrative level, the matter shall be scheduled for a closed session of the Board. The employee shall be given at least 24 hours written notice of the closed session and shall be given the opportunity to request that the complaints be heard in an open meeting of the Board.

See Board Policy 2310 Regular Meetings of the Board

See Board Policy 2715 Code of Ethics/Standards of Practice

Approved 2/7/11

Amended and renumbered 12/9/13 (formerly BP 9127)

Amended 4/1/19, 1/13/25, 12/8/25

There shall be an annual outside audit of all funds, books, and accounts of the District in accordance with the regulations of Title 5. The Chancellor shall assure that an annual outside audit is completed. The Chancellor shall recommend a certified public accountancy firm to the Board of Trustees with which to contract for the annual audit

The Board of Trustees shall review the annual audit at a regular public meeting, direct the administration to make necessary responses and assure that the audit is filed with the appropriate agencies.

The Board shall provide for a Request for Proposal (RFP) to be issued for audit services at least every five years. Audit firms conducting the current year audit may submit a response to the RFP and be considered for a new contract.

The capitalization and depreciation of any real or personal property acquired by gift or purchase shall comply with the provisions of the Contracted District Audit Manual (CDAM) and any other state and federal regulations.

See Board Policy 6401 Audit and Finance Committee

Adopted 1/23/63 (BP 3153), 7/24/94 (BP 3210)

Amended 8/16/99 (BP 3153 and 3210), 3/18/02 (BP 3210) 12/4/06 (BP 3153)

Amended and renumbered (formerly BP 3153 and BP 3210) 3/9/26

The Board of Trustees acknowledges its responsibility to establish a risk management program that is consistent with all legal requirements for community colleges. Of primary concern in such a program shall be the safety and health of students, faculty, staff and the public and the protection of District property and assets. In order to assure that the District is conducting its operations as safely and efficiently as possible, the Board authorizes the Chancellor or designee to develop and maintain a risk management program that includes identification, prevention, mitigation and assumption or transfer of risks through appropriate agreements, purchase of insurance, pooling with other agencies or other risk financing practices. The ultimate goal shall be successful implementation of safety and loss prevention/control practices and the maintenance of an adequate insurance program. An annual report on the program shall be presented to the Board.

The Chancellor may delegate to a staff member the authority to administer and adjust claims up to $15,000 with the advice and concurrence of the Vice Chancellor-Business Services. The Board shall approve settlements in excess of $15,000. These limits notwithstanding, the Board will accept settlements made by an insurance carrier in the name of the District under terms of applicable insurance policies.

Approved 1/23/63

Amended 10/3/77, 9/21/81, 8/19/96, 8/16/99

The Board may authorize limited coverage under the District’s risk management program for certain individuals and organizations closely identified with the District in their activities for the benefit of the District. Volunteers-of-record according to established procedures and organizations approved by the Board may be protected under limited circumstances as named insured under the District’s program for workers’ compensation and liability indemnification.

Approved 9/21/81

Amended 8/16/99

Pursuant to the Labor Code and California General Industry Orders, the Board of Trustees establishes an injury/illness prevention program. No employees shall be required to work under unsafe or hazardous conditions or to perform tasks that endanger their health, safety or well-being. The District shall make every reasonable effort to ensure that working conditions and equipment are maintained in compliance with federal, state and local laws and regulations.

The Board expects all employees to use safe work practices and to report and correct any unsafe conditions that may occur. The District Risk Manager shall be named the safety officer for the District and shall be responsible for developing and maintaining implementation procedures for this policy in accordance with federal, state and local laws. These procedures shall include the development of safe and healthy work practices through education, training and enforcement.

See Injury/Illness Prevention Program

Approved 8/16/99

To the extent allowed by law, the Board of Trustees shall indemnify and defend individual members of the Board and all employees against personal liability claims arising from an act or omission of the individual when acting within the scope of his/her employment or office.

Approved 8/16/99

The Chancellor shall establish procedures that ensure that the District implements a program or plan to be activated in the event of an emergency or when a natural disaster or hazardous condition occurs. The program or plan must comply with applicable requirements of federal, state, and local emergency management agencies and any other relevant programs. The program must incorporate cooperation with appropriate federal, state, and local agencies to facilitate the coordination between and among agencies in the event of an emergency or natural disaster.

Compliance with federal, state, and local mandates include:

• Establishing a disaster preparedness program or plan

• Completion of training sessions by college personnel in compliance with federal, state, and local guidelines

District employees must be informed that as public employees they are also disaster service workers during national, state and local emergencies. The Chancellor should ensure that an Incident Command System team is created to carry out compliance with federal, state, and local mandates.

The current mandated agencies include the National Incident Management System (NIMS) and the Standard Emergency Management System (SEMS).

Approved 3/7/11

The District shall enter into a written agreement with local law enforcement agencies. The agreement shall clarify operational responsibilities for investigations of “Part I violent crimes,” defined by law as willful homicide, forcible rape, robbery, and aggravated assault, that occur at any District location.

The written agreement shall designate which law enforcement agency shall have operational responsibility for violent crimes and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.

The written agreements required by this policy shall be public records and shall be made available for inspection by members of the public upon request.

Approved 7/12/04

The Board of Trustees delegates to the Chancellor the authority to supervise the general business procedures of the District to assure the proper administration of property and contracts; the budget, audit and accounting of funds; the acquisition of supplies, equipment and property; and the protection of assets and persons. All transactions shall comply with applicable laws and regulations, and with the California Community Colleges Budget and Accounting Manual.

No contract shall constitute an enforceable obligation against the District until it has been approved or ratified by the Board. (See BP 6340 Bids and Contracts).

The Chancellor shall make appropriate periodic reports to the Board and shall keep the Board fully advised regarding the financial status of the District.

See Administrative Procedure 6100 Delegation of Authority, Business and Fiscal Affairs

Adopted 8/16/99

Amended and renumbered (formerly BP 3112) 3/9/26

Authority to sign orders and other transactions on behalf of the Board of Trustees is delegated to the Chancellor and other officers appointed by the Chancellor.

See Administrative Procedure 6150 Designation of Authorized Signatures

Adopted 8/16/99

Amended and renumbered (formerly BP 3120) 3/9/26

Each year, the Chancellor shall present to the Board of Trustees a budget, prepared in accordance with Title 5 and the California Community Colleges Budget and Accounting Manual. The schedule for presentation and review of budget proposals shall comply with state law and regulations and provide adequate time for Board study.

Budget development shall meet the following criteria:

• The annual budget shall support the District’s master and educational plans.
• Assumptions upon which the budget is based are presented to the Board for review.
• A schedule is provided to the Board by December of each year that includes dates for presentation of the tentative budget, required public hearing(s), Board study session(s), and approval of the final budget. At the public hearings, interested persons may appear and address the Board regarding the proposed budget or any item in the proposed budget.
• Changes in the assumptions upon which the budget was based shall be reported to the Board in a timely manner.
• Budget projections address long-term goals and commitments.

See Administrative Procedure 6200 Budget Preparation

Adopted 1/7/63 (BP 3100), 8/16/99 (BP 3110)

Amended 8/16/99 (BP 3100)

Amended and renumbered (formerly BP 3100 and BP 3110) 3/9/26

The budget shall be managed in accordance with Title 5 and the California Community Colleges Budget and Accounting Manual. Budget revisions shall be made only in accordance with these policies and as provided by law.

The Board of Trustees recognizes the importance of fiscal stability and in establishing and maintaining an adequate reserve level. Pursuant to requirements of Title 5, the Board hereby directs the Chancellor, and by delegation, designated employees, to establish a prudent budget reserve.

The intent of the reserve is to address emergencies or unexpected catastrophic issues that may arise during the course of the year. The District’s annual Adopted Budget shall include an undesignated reserve fund to ensure that the District will be in a positive cash position at the end of the fiscal year. In no case shall the Board adopt a budget with a reserve of less than five percent (5%) of unrestricted general fund revenues.

Revenues accruing to the District in excess of amounts budgeted shall be added to the District’s fund balance for contingencies. They are available for appropriation only upon a resolution of the Board that sets forth the need according to major budget classifications in accordance with applicable law.

Board approval is required for changes between major expenditure classifications. Transfers from the reserve for contingencies to any expenditure classification must be approved by a two-thirds vote of the members of the Board. Transfers between expenditure classifications must be approved by a majority vote of the members of the Board.

See Administrative Procedure 6250 Budget Management

Adopted 1/7/63 (BP 3111), 4/6/09 (BP 3115)

Amended 6/6/73, 12/16/74, 8/16/99 (BP 3111)

Amended and renumbered (formerly BP 3111, BP 3115) 4/6/26

The Chancellor shall establish procedures to assure that the District’s fiscal management is in accordance with the principles contained in Title 5 Section 58311, including:

• Adequate internal controls exist.
• Fiscal objectives, procedures, and constraints are communicated to the Board and employees.
• Adjustments to the budget are made in a timely manner, when necessary.
• The management information system provides timely, accurate, and reliable fiscal information.
• Responsibility and accountability for fiscal management are clearly delineated.

The Chancellor shall also establish procedures that satisfy the U.S. Education Department General Administrative Regulations (EDGAR) Second Edition for any federal funds received by the District.

The books and records of the District shall be maintained pursuant to the California Community Colleges Budget and Accounting Manual.

As required by law, the Board shall be presented with a quarterly report showing the financial and budgetary conditions of the District.

As required by the California Community Colleges Budget and Accounting Manual, expenditures shall be recognized in the accounting period in which the liability is incurred and shall be limited to the amount budgeted for each major classification of accounts and to the total amount of the budget for each fund.

See Administrative Procedure 6300 Fiscal Management

Adopted 8/16/99

Amended 1/7/08

Amended and renumbered (formerly BP 3000) 3/9/26

This Debt Management Policy (the “Policy”) provides written guidelines for the issuance of indebtedness by the Foothill-De Anza Community College District (the “District”) in satisfaction of the requirements of S.B. 1029, codified as part of Government Code Section 8855.

Article I

Purpose and Goals

This Policy provides a framework for debt management and capital planning by the District.

This Policy has been developed to meet the following goals:

(1) Identifying the purposes for which the debt proceeds may be used.

(2) Identifying the types of debt that may be issued.

(3) Describing the relationship of the debt to, and integration with, the District’s capital improvement program or budget.

(4) Establishing policy goals related to the District’s planning goals and objectives.

(5) Implementing internal control procedures to ensure that the proceeds of the proposed debt issuance will be directed to the intended use upon completion of the issuance.

Article II

Purposes for Which Debt Proceeds May be Used

Section 2.01. Authority and Purposes of the Issuance of Debt

The laws of the State of California (the “State”) authorize the District to incur debt to make lease payments, contract debt, and issue bonds for college improvement projects. The District is authorized to contract debt to acquire, construct, reconstruct, rehabilitate, replace, improve, extend, enlarge, and equip such projects; to refund existing debt; or to provide for cash flow needs.

Section 2.02. State Law

Section 18 of Article XVI of the State Constitution contains the “debt limitation” formula applicable to the District.

There are a number of State laws that govern the issuance of general obligation bonds (“GO Bonds”) by community college districts. Sections 1(b)(2) (Proposition 46) and 1(b)(3) of Article XIII A (Proposition 39) of the State Constitution allow the District to issue GO Bonds. The statutory authority for issuing GO Bonds is contained in Education Code Section 15000 et seq. Additional provisions applicable only to Proposition 39 GO Bonds are contained in Education Code Section 15264 et seq. An alternative procedure for issuing GO Bonds is also available in Government Code Section 53506 et seq. The District may also issue GO refunding bonds pursuant to Government Code Sections 53550 et seq. and 53580 et seq.

The statutory authority for issuing Tax and Revenue Anticipation Notes (“TRANs”) is contained in Government Code Section 53850 et seq. Certain lease financings may be undertaken pursuant to Government Code 4217.10 et seq. Lease financings may also be undertaken pursuant to applicable provisions of the Education Code. Revenue refunding bonds may be issued pursuant to Government Code Sections 53570 et seq.

Section 2.03. Debt Issued to Finance Operating Costs

The District may deem it necessary to finance cash flow requirements under certain conditions. Such cash flow borrowing must be payable from taxes, income, revenue, cash receipts and other moneys attributable to the fiscal year in which the debt is issued.

General operating costs include, but are not limited to, those items normally funded in the District’s annual operating budget.

The District’s Chancellor or Vice Chancellor of Business Services will review potential financing methods to determine which method is most prudent for the District. Potential financing sources include but are not limited to tax and revenue anticipation notes, temporary borrowing from the Director of Finance of Santa Clara County, and temporary interfund borrowing.

Article III

Types of Debt That May be Issued

Section 3.01. Types of Debt Authorized to be Issued

A. Short-Term: The District may issue fixed-rate and/or variable rate short-term debt, which may include TRANs, when such instruments allow the District to meet its cash flow requirements. The District may also issue bond anticipation notes (“BANs”) to provide interim financing for bond projects that will ultimately be paid from GO Bonds.

B. Long-Term: Debt issues may be used to finance essential capital facilities, projects and certain equipment where it is appropriate to spread the cost of the projects over more than one budget year. Long-term debt should not be used to fund District operations.

Long term debt in the form of GO Bonds may be issued under Article XIII A of the State Constitution, either under Proposition 46, which requires approval by at least a two-thirds (66.67%) majority of voters, or Proposition 39, which requires approval by at least 55% of voters, subject to certain accountability requirements and additional restrictions.

The District may also enter into long-term leases and/or participate in the sale of certificates of participation or lease revenue bonds for public facilities, property, and equipment.

C. Lease/Equipment Financing: Lease-purchase obligations or appropriation leases are a routine and appropriate means of financing capital equipment and certain capital facilities. However, lease obligations may impact on budget flexibility.

D. Use of General Obligation Bonds: A significant portion of the District’s capital projects are projected to be funded by GO Bond proceeds. Projects financed by the GO Bonds will be determined by the constraints of applicable law and the project list approved by voters.

Article IV

Relationship of Debt to and Integration with District’s Capital Improvement Program or Budget

Section 4.01. Impact on Operating Budget and District Debt Burden

In evaluating financing options for capital projects, both short and long-term debt amortization will be evaluated when considering a debt issuance, along with the potential impact of debt service, and additional costs associated with new projects on the operating budget of the District. The cost of debt issued for major capital repairs or replacements may be judged against the potential cost of delaying such repairs.

Section 4.02. Capital Improvement Program

The Chancellor or Vice Chancellor of Business Services and the facilities staff have responsibility for the planning and management of the District’s capital improvement program subject to review and approval by the Board of Trustees. Staff will, as appropriate, supplement and revise any applicable facilities master plan in keeping with the District’s current needs for the acquisition, development and/or improvement of District’s real estate and facilities. Such plans may include a summary of the estimated cost of each project, schedules for the projects, the expected quarterly cash requirements, and annual appropriations, in order for the projects to be completed.

Section 4.03. Refunding and Restructuring Policy

A. Considerations for Refunding.

1. District’s Best Interest. Whenever deemed to be in the best interest of the District, the District shall consider refunding or restructuring outstanding debt if it will be financially advantageous or beneficial for debt repayment and/or structuring flexibility.

2. Net Present Value Analysis. The District shall review a net present value analysis of any proposed refunding in order to make a determination regarding the cost-effectiveness of the proposed refunding.

3. Maximize Expected Net Savings. The District shall time the refinancing of debt to maximize the District’s expected net savings over the life of the debt.

4. Comply with Existing Legal Requirements. The refunding of any existing debt shall comply with all applicable State and Federal laws governing such issuance.

Article V

Policy Goals Related to District’s Planning Goals and Objectives

In following this Policy, the District shall pursue the following goals:

1. The District shall strive to fund capital improvements from voter-approved GO Bond issues to preserve the availability of its General Fund for District operating purposes and other purposes that cannot be funded by such bond issues.

2. To the extent applicable, the District shall endeavor to attain the best possible credit rating for each debt issue in order to reduce interest costs, within the context of preserving financial flexibility and meeting capital funding requirements.

3. The District shall take all practical precautions and proactive measures to avoid any financial decision that will negatively impact current credit ratings on existing or future debt issues.

4. The District shall, with respect to GO Bonds, remain mindful of its statutory debt limit in relation to assessed value growth within the district and the tax burden needed to meet long-term capital requirements.

5. The District shall consider market conditions and District cash flows when timing the issuance of debt.

6. The District shall determine the amortization (maturity) schedule which will fit best within the overall debt structure of the District at the time the new debt is issued.

7. The District shall match the term of the issue to the useful lives of assets funded by that issue whenever practicable and economical, while considering repair and replacement costs of those assets to be incurred in future.

8. The District shall, when issuing debt, assess financial alternatives to include new and innovative financing approaches, including whenever feasible, categorical grants, revolving loans or other State/federal aid, so as to minimize the encroachment on the District’s General Fund.

9. The District shall, when planning for the sizing and timing of debt issuance, consider its ability to expend the funds obtained in a timely, efficient and economical manner.

10. The District shall monitor (i) agreements or other obligations entered into by the District, and any modifications to such agreements or other obligations, to determine whether they constitute “financial obligations” under Rule l5c2-12 of the Securities and Exchange Commission promulgated under the Securities Exchange Act of 1934, as amended (the “Rule”), and (ii) agreements to covenants, events of default, remedies, priority rights or other similar terms of a financial obligation, any of which affect Bondholders, and, if material, shall file a notice of the events described in (i) or (ii) within 10 business days on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System (“EMMA”). In addition, the District shall file a notice on EMMA within 10 business days, of a default, event of acceleration, termination event, modification to terms, or other similar events under the terms of a “financial obligation” (as defined by the Rule), any of which reflect financial difficulties.

Article VI

Internal Control Procedures for Issuance of Debt to Ensure Intended Use of Proceeds

Section 6.01. Structure of Debt Issues

A. Maturity of Debt: The duration of a debt issue shall be consistent, to the extent possible, with the economic or useful life of the improvement or asset that the issue is financing. In addition, the average life of tax-exempt financing shall not exceed 120% of the weighted average economic life of the assets being financed. The District shall also consider the overall impact of the current and future debt burden of the financing when determining the duration of the debt issue.

B. Debt Structure:

1. GO Bonds:

a. New Money Bond Issuances: For tax-exempt new money bond issuances, the District shall size the bond issuance consistent with the “spend-down” requirements of the Internal Revenue Code and within any limits approved by the District’s voters. To the extent possible, the District will also consider credit issues, market factors (e.g. bank qualification) and tax law when sizing the District’s bond issuance.

b. Refunding Bond Issuances: The sizing of refunding bonds will be determined by the amount of money that will be required to cover the principal of, accrued interest (if any) on, and redemption premium for the bonds to be defeased on the call date and to cover appropriate financing costs.

c. Maximum Maturity: All bonds issued by the District shall mature within the limits set forth in applicable provisions of the Education Code or the Government Code. The final maturity of tax-exempt bonds will also be limited to the weighted average economic life of the assets financed or as otherwise required by tax law.

d. Taxable Bonds: Taxable bonds shall be considered for funding projects which do not satisfy the “spend-down” requirements of the Internal Revenue Code.

2. Lease-Purchase Obligations: The final maturity of equipment or real property lease obligations will be limited to the useful life of the assets to be financed.

C. Debt Service Structure: The District shall design the financing schedule and repayment of debt so as to take best advantage of market conditions, provide flexibility, and, as practical, to recapture or maximize its debt capacity for future use.

Section 6.02. Use of Proceeds

The District shall be vigilant in using bond proceeds in accordance with the stated purposes at the time such debt was incurred. In furtherance of the policy, and in connection with the issuance of all GO Bonds:

1. As required by Government Code Section 53410, the District shall only use GO Bond proceeds for the purposes approved by the District’s voters; and

2. The Vice Chancellor of Business Services shall have the responsibility, no less often than annually, to provide to the District’s Board of Trustees a written report which shall contain at least the following information:

(i) The amount of the debt proceeds received and expended during the applicable reporting period; and

(ii) The status of the acquisition, construction or financing of the school facility projects, as identified in any applicable bond measure, with the proceeds of the debt.

These reports may be combined with other periodic reports which include the same information, including but not limited to, periodic reports made to the California Debt and Investment Advisory Commission, or continuing disclosure reports or other reports made in connection with the debt. These requirements shall apply only until the earliest of the following: (i) all the debt is redeemed or defeased, but if the debt is refunded, such provisions shall apply until all such refunding bonds are redeemed or defeased, or (ii) all proceeds of the debt, or any investment earnings thereon, are fully expended.

3. The District shall post on the District website the Annual Report of the District’s Independent Bond Oversight Committee which has been given the responsibility to review the expenditure of GO Bond proceeds to assure the community that all GO Bond funds have been used for the construction, renovation, repair, furnishing and equipping of school facilities, and not used for teacher or administrator salaries or other operating expenses.

4. The District shall hire an independent auditor to perform an annual independent financial and performance audit of the expenditure of GO Bond proceeds, and to post such audits on the District website.

Adopted 3/15/21

The District shall maintain a system of fiscal accounts based on the California Community Colleges Budget and Accounting Manual as adopted by the Board of Governors.

Adopted 1/23/63

Amended 8/16/99

Amended and renumbered (formerly BP 3150) 3/9/26

The Board of Trustees authorizes the Chancellor to ensure that each employee whose duties include handling funds of the District is bonded in order to indemnify the District against loss. The Chancellor at his/her/their discretion may also require bonding of employees whose duties include handling property of the District.

Adopted 8/16/99

Amended and renumbered (formerly BP 3313) 3/9/26

The Chancellor shall establish procedures for security and access to District facilities.

The District safeguards State assets and promotes the security of campus personnel through appropriate monitoring of access to District property.

See Administrative Procedure 3225 Campus Security and Access

Approved 6/16/08

Approved by Chancellor’s Advisory Council 6/22/12

Amended 8/27/12

An Audit and Finance Committee shall be appointed by the Board of Trustees.

Section 1 – Membership

The membership of the committee shall consist of two Board members and four members of the community at large who have special interest and a working knowledge of public sector/non-profit budgeting and financing. The President of the Board of Trustees shall appoint the Board members to serve on the committee for a one-year term beginning each January. The President of the Board of Trustees shall appoint one of the Board members as the Chair of the Audit and Finance Committee.

1.1 Term. Except as otherwise provided herein, each community member shall serve a term of four (4) years, commencing in January of each year. No community member may serve more than two (2) consecutive terms. At the Committee's first meeting, community members will draw lots or otherwise volunteer to select a minimum of two members to serve for an initial two (2) year term and the remaining members for an initial four (4) year term.

1.2 Appointment. Members of the Committee shall be appointed by the Board through the following process: (a) community members will be solicited for applications; (b) the Chancellor or his or her designee will review the applications in consultation with the Board President; and (c) the Chancellor or his or her designee, following consultation with the Board President, will make recommendations to the Board.

1.3 Removal; Vacancy. The Board may remove any Committee member for any reason, including failure to attend two consecutive Committee meetings without reasonable excuse or for failure to comply with the Board of Trustee Ethics Policy. Upon a member's removal, his or her seat shall be declared vacant. The Board, in accordance with the established appointment process, shall fill any vacancies on the Committee. Vacancies shall be filled within 90 days from the initial date of each such vacancy.

1.4 Compensation. The Committee members shall not be compensated for their services.

1.5 Authority of Members. (a) Committee members shall not have the authority to direct staff of the District; (b) individual members of the Committee retain the right to address the Board, either on behalf of the Committee or as an individual; and (c) the Committee may only receive copies of reports and documents which have been previously presented to the Board and which are a public record, or those which the Board of Trustees have specifically designated for the Committee’s review.

Section 2 – Meetings of the Committee

2.1 Regular Meetings. The Committee shall meet three times a year in the months or weeks leading to the Board of Trustees approval of the tentative budget, adopted budget, and the audit report. These are usually in the months of June, September, and December.

2.2 Location. All meetings shall be held within the boundaries of the Foothill-De Anza Community College District.

2.3 Procedures. All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to such additional procedural rules as the Committee may adopt. A majority of the number of Committee members shall constitute a quorum for the transaction of any business of the Committee.

Section 3 – Purpose

The Audit and Finance Committee serves in an advisory capacity to the Board of Trustees. Its purpose is to provide informed guidance and oversight on matters related to financial reporting, budgeting, and audit processes. Specifically, the Committee shall:

• Review and provide input on budget reports, financial statements, and fiscal materials related to major financial matters, including general obligation bonds, certificates of participation, and other funding instruments scheduled for Board of Trustees consideration.
• Monitor the selection and engagement process for the District’s external auditors.
• Review and discuss independent audit reports and advise on appropriate follow-up actions in response to audit findings and recommendations.
• Monitor and review operational audit findings, recommendations, and the status of any follow-up measures, and advise the Board accordingly.
• Ensure Committee availability during the Board of Trustees’ annual meeting where the external audit is presented, in order to support informed discussion and understanding, if needed.
• Consult with external auditors, as needed, to offer perspectives on accounting practices, fiscal management, and related financial issues affecting the District.

Adopted 4/20/92
Amended 1/5/98, 3/20/00, 1/7/08
Renumbered (formerly BP 9123) 5/5/14

Amended 3/9/26

The Chancellor shall determine if it is in the best interests of the District to provide a cellular or wireless phone at District expense to eligible District employees.

The Chancellor shall establish procedures for the use of District-issued cellular phones and/or authorizing stipends for personal handheld communication devices used for identified District purposes.

A stipend amount is considered a reasonable cost of reimbursement and employee stipends are generally not considered compensation. The decision to issue a cellular phone or stipend is at the sole discretion of the District.

There shall be no expectation of privacy in the use of a District-issued cellular telephone. Employees using personal handheld communication devices for District purposes acknowledge through such action the devices may contain public records requiring the employee to search and provide copies of such records to the District in compliance with the California Public Records Act and/or other legal requirements.

Motor vehicle drivers may not use wireless or cellular telephones while operating any vehicles without a hands-free listening device and shall comply with all requirements of State law regarding the use of wireless or cellular telephones in vehicles.

See Administrative Procedure 6450 Wireless or Cellular Telephone Use

Adopted 09/11/23

The Board of Trustees hereby authorizes the use of District vehicles solely for college-sponsored activities and District business. A “District vehicle” is defined as any District-owned passenger vehicle used primarily to transport students, employees or both.

The Chancellor shall develop appropriate procedures and maintain a list of employees or registered volunteers-of-record who are authorized to drive District vehicles. Use of District vehicles shall be limited to travel within the state unless approved by the Chancellor.

Employees using private cars for authorized District business shall be subject to the rules and regulations for District vehicles and may apply for mileage reimbursement.

See Vehicle Handbook for implementation procedures

Adopted 8/16/99

Amended and renumbered (formerly BP 3219) 3/9/26

District equipment must be readily available for district or college use and therefore, will not generally be loaned to individuals not connected to the District or to off-campus organizations unless the Chancellor shall approve such loans or in emergency situations.

Adopted 1/23/63

Amended 5/15/78, 8/16/99

Amended and renumbered (formerly BP 3212) 3/9/26

The Chancellor is delegated authority by the Board to declare as surplus such personal property of the District as is no longer useful for District purposes, and shall establish procedures to dispose of such property in accordance with applicable law. All sales of surplus personal property shall be reported to the Board on a periodic basis. This policy shall not be construed as authorizing any representative of the District to dispose of surplus real property at any time.

The Board of Trustees may sell any personal property belonging to the District if the property is not required for school purposes, or if it should be disposed of for replacement, or if it is unsatisfactory or unsuitable for school use. The Board shall adhere to Education Code requirements for advertising such property and shall either sell to the highest responsible bidder or reject all bids. The Board may choose to conduct such sales by public auction and may delegate responsibility to a designated employee.

If the Board determines, by unanimous vote of those present, that the property does not exceed $5,000 in value, or if the property was offered for sale and no qualified bid was received, the Board may empower an employee to sell the property at private sale without advertising.

If the Board determines, by unanimous vote of those present, that the value of the property will not defray the costs of a sale, the property may be donated to an appropriate charitable organization or disposed of in the local dump.

All proceeds from property sales shall be deposited to the general fund of the District unless a petition for compensatory funding is made by the department generating the income.

Adopted 1/23/63

Amended 10/20/71, 1/15/72, 7/25/94, 8/16/99, 6/5/06

Amended and renumbered (formerly BP 3211) 3/9/26

The Foothill‑De Anza Community College District Board of Trustees values the neighbors of Foothill College and De Anza College and the District’s positive relationship with these community members. The District will actively engage in outreach with the immediate neighbors of the Colleges when projects with significant neighborhood impact or interest, such as large capital improvements, are proposed. A plan detailing these communication methods will be submitted for Board approval in conjunction with the project proposal.

See Administrative Procedures AP 6601 Neighborhood Outreach Procedures

Approved 7/12/04

Renumbered 5/5/14 (formerly BP 6601)

If a bond measure has been authorized pursuant to the conditions of Proposition 39 as defined in the California Constitution, the Chancellor shall establish a Citizens’ Bond Oversight Committee in accordance with the applicable law and necessary regulations.

See Administrative Procedure 6740 Citizens’ Bond Oversight Committee

Approved 2/3/14

The Chancellor shall establish such administrative procedures regarding vehicles and parking on campus as are necessary for the orderly operation of the instructional program. No person shall drive any vehicle or leave any vehicle unattended on the campus except in accordance with such procedures.

Parking fees may be established in accordance with these board policies.

See District Parking & Traffic Regulations

See Administrative Procedure 6750 Parking

See Board Policy 5030 Fees

See Administrative Procedure 5030 Fees

Adopted 3/15/76

Amended 8/16/99

Amended and renumbered (formerly BP 3218 and BP 3218.5) 4/1/19

The Board has established a police department under the supervision of the Chief of Police, who shall report directly to the Vice Chancellor for Business Services. The purpose of the department is to enforce the law on or near the campuses and other grounds or properties owned, operated, controlled, or administered by the District or by the State acting on behalf of the district.

District police officers shall be employed as members of the classified service but shall, when duly sworn, be peace officers as defined by law. Prior to employment, they shall satisfy the training requirements set out in Penal Code Sections 830, et seq.

The Chancellor shall establish minimum qualifications of employment for the Chief of Police including, but not limited to, prior employment as a peace officer or completion of a peace officer training course approved by the Commission on Peace Officers’ Standards and Training.

The Vice Chancellor for Business Services shall ensure that every member of the police department first employed by the District before July 1, 1999, satisfies the requirements of state law regarding qualifications for continued employment.

Every member of the police department shall be issued a suitable identification card and badge bearing the words “Foothill-De Anza Community College District Police Department.”

The Vice Chancellor for Business Services, in cooperation with the Chief of Police, shall issue such other regulations as may be necessary for the effective administration of the police department.

Community Policing

The Board requires the police department adhere to community policing principles and evidence-based policing practices to assist in identifying, prioritizing, and addressing issues that will improve the campus community's quality of life.

Use of Military Equipment

The Chief of Police shall obtain approval from the Board of Trustees to adopt a military equipment use policy prior to purchasing, raising funds for, or acquiring military equipment. The Chancellor shall submit the proposed military equipment policy to the Board of Trustees and make those documents available on the police department website at least 30 days prior to any public hearing concerning the military equipment at issue. The Board of Trustees shall consider the proposed military equipment policy as an agenda item for an open session meeting in accordance with the Brown Act.

See Administrative Procedure 6870 Police Department

Adopted 7/12/04

Amended 9/12/22

Renumbered (formerly BP 3320) and amended 5/1/23

The Chancellor is delegated the authority to enter into agreements to finance the cost of constructing student, faculty, and staff housing on or near the campus(es) of the District.

The Chancellor shall establish procedures to collect data regarding student housing as required in the Education Code.

See Administrative Procedure 6910 Housing

Adopted 9/8/25

Environmental sustainability is critically important to the Foothill-De Anza Community College District, the State of California, and the nation. Efficient use of resources is central to this objective. The District is committed to stewardship of the environment and to reducing the District’s dependence on non-renewable energy sources. The Board of Trustees recognizes the importance of new initiatives to incorporate sustainable practices. Such sustainable practices shall include:

• Incorporate the principles of energy efficiency, conservation and sustainability in all capital projects, operations and maintenance within budgetary constraints and programmatic requirements.
• Minimize the use of non-renewable energy sources by creating a portfolio approach to energy use which would include: on-site energy production (e.g., Photovoltaic), purchasing local renewable energy; purchasing ”green” power from the grid, and conservation measures that reduce energy consumption.
• Minimize greenhouse gas emissions on District facilities, and incorporate fuel‑efficient vehicles and practices into the District’s fleet of vehicles.
• Promote alternate means and accessible modes of transportation to and from the campuses to achieve energy efficiency and sustainability.
• Minimize the amount of District-generated waste through an aggressive recycling program for all products which can be diverted from the landfill; toward this end, evaluate life cycles of products to determine how they will be disposed of at the end of their useful life.
• Utilize the District’s purchasing power to reduce packaging and to purchase green products.
• Establish and implement communications strategies that involve the active participation of administration, faculty, classified staff, and students in understanding and promoting these Board values and practices.

The Board of Trustees will regularly review progress towards implementing Districtwide sustainable practices.

See Administrative Procedure 6510 Guidelines for Administering Environmentally Sustainable Practices

Adopted 8/16/99

Amended 2/22/05, 6/16/08

Amended and renumbered (formerly BP 3214) 3/9/26

The Board of Trustees encourages the colleges to expose students and the public to excellent examples of the visual arts by

1. scheduling loans and traveling exhibits for libraries, museums, campus centers and other facilities with extensive public use;
2. acquiring a collection of paintings, murals and sculptures for public display; and
3. providing support and visibility for professional artists through commissions, exhibitions and purchases of their work.

When participating in construction projects and in major remodeling, the District shall establish a fund approximating one percent of the construction budget for artwork, including acquisition, artists’ fees, installation, insurance, preservation and other costs associated with acquisition. In addition, one-tenth of the one percent shall be set aside for long-term maintenance of the art. The source of these funds shall be (when possible) the funds for the construction and remodeling project.

Each college shall have an advisory committee appointed by the Chancellor and composed of community members, students, and staff whose duties will be:

1. to suggest guidelines and procedures for placing art on campus;
2. to assist in the acquisition of art objects to be purchased for the college or loaned temporarily to the college;
3. to make introductions to potential committee members and arts supporters from the community at large;
4. to recommend art on campus projects and appropriate sites; and
5. to suggest and assist with funding efforts for art on campus.

The college advisory committees will periodically hold joint meetings to discuss the above duties and to recommend any changes needed to this policy or the implementation guidelines. The committees shall review all potential acquisitions, whether gifts, purchases or loans, and make recommendations to the Board of Trustees for acceptance.

Adopted 3/26/90

Amended 8/16/99

Amended and renumbered (formerly BP 3215) 3/9/26

The Board of Trustees authorizes the Chancellor to establish and maintain guidelines for the placement of permanent signs on District property, whether for purposes of business advertising or general information. A college committee shall review all requests to assure that such signs do not contain offensive or discriminatory material, do not endorse harmful substances such as alcohol and tobacco and are properly installed and displayed.

See AP 6980 Signage on District Property

Adopted 3/18/93

Amended 8/16/99

Amended and renumbered (formerly BP 3222) 3/9/26

The Board of Trustees directs the Chancellor to ensure that all investments of District funds are made in accordance with section 53600 of the California Government Code, keeping the safety of principal as the foremost objective.

Under the direction of the Chancellor, the Vice Chancellor-Business Services shall be responsible for the District’s investment program, including having authority to invest funds or to delegate responsibility in order to achieve a reasonable return on the resources. The Vice Chancellor shall develop and maintain written administrative procedures and internal controls to ensure that the investments meet the following objectives in order of importance:

1. safety of investment funds;

2. liquidity to meet future cash flow requirements;

3. yield consistent with safety and liquidity objectives.

The Vice Chancellor, or designee in his absence, shall give written approval for all investment activity (purchases and sales) prior to completing a transaction with a third party.

See Administrative Procedure 3130 Procedures for the Investment of District Funds

Approved 1/23/63

Amended 10/20/71; 9/9/96; 8/16/99

To the full extent authorized by law the Board shall from time to time (but not less than each four years) by written resolution or resolutions delegate to one or more officers or employees of the District the authority to purchase supplies, materials, apparatus, equipment and services, subject to any restrictions and requirements of Education Code section 81656.

Such purchases shall be at the lowest reasonable available competitive price consistent with the highest quality and highest level of service desired and written District specifications, and in the best interest of the District. Provided, however:

a. No officer or employees authorized to make any purchase involving an expenditure by the District in excess of the amount specified by section 20651 of the Public Contract Code.

b. The delegation shall prescribe the limits of the delegation as to time, money and subject matter.

c. All transactions entered into by the officer or employee shall be in writing, and shall be reviewed by the Board within sixty days, or as otherwise provided by law.

d. In the event of malfeasance in office, the District officer or employee who entered into the contract shall be personally liable for any and all monies that the District paid out as a result of his or her malfeasance.

See Administrative Procedure 3140 Purchasing Procedures

Approved 8/16/99

The Chancellor or designee shall ensure that appropriate records of capital outlay items are maintained as required by the California Community Colleges Budget and Accounting Manual.

Approved 1/23/63

Amended 8/16/99

To the full extent authorized by Education Code section 81655, and subject to any conditions stated therein, the Board shall from time to time (but not less than each four years) by written resolution or resolutions delegate to the Chancellor or to such persons as the Chancellor may designate, the power to negotiate and execute for the District in the name of the District any contract, whether or not requiring the expenditure of District funds, whether or not involving the purchase of goods or services, and whether or not of a continuing nature, subject only to the following limitations:

1. All such contracts shall be in writing;

2. Where the law requires that contracts be let through a competitive process, this delegation shall be and is subject to such competitive process;

3. Contracts made pursuant to this delegation which meet the foregoing conditions shall be valid and constitute an enforceable obligation against the District only when they have been approved or ratified by this governing Board, said approval or ratification in all cases to be evidenced by a formal action of said Board duly passed and adopted by majority vote. Contracts not involving direct expenditure of District funds shall be presented to the Board for adoption or ratification annually or in such earlier interval as the administration chooses. All other contracts shall be presented for adoption or ratification by the Board within sixty days of their execution by the Chancellor or the Chancellor's designee.

4. In the event of malfeasance in office, the District officer or employee who entered into the contract shall be personally liable for any and all monies that the District paid out as a result of his or her malfeasance.

Approved 8/16/99

Amended 12/13/04

The Board of Trustees directs the Chancellor or designee to establish and maintain accounting procedures for the collection, computation and reporting of attendance or full time equivalent students (FTES) to the Board of Governors of the California Community Colleges for state apportionment. These procedures shall meet the requirements of the Education Code and Title 5, including but not limited to criteria and standards for qualifying courses, methods for calculating FTE students and provisions for immediate supervision and control by appropriately certified employees of the District

Approved 3/15/82

Amended 8/16/99

The Board of Trustees wishes to ensure that the District does not engage in competition with commercial tour organizations and does not permit the classroom to become a place for tour solicitation.

No member of the District staff while on campus or at an authorized college function shall publicize, solicit for, or in any manner attempt to recruit students for privately sponsored travel tours.

Staff members or tour organizations may place paid advertisements in the student newspapers on the same basis as commercial organizations.

Approved 4/6/64

Amended 5/15/78, 8/16/99

The Board of Trustees affirms its mission to provide outstanding educational opportunities that promote the development of individual abilities and enhance the quality of community life. In order to fulfill this mission, the Board acknowledges the importance of providing quality educational facilities and adequate resources for their maintenance.

In support of this philosophy, the Board establishes the following priorities: 1) health and safety of students, faculty and staff; 2) support of teaching and learning activities; 3) routine, scheduled maintenance; and 4) planning for the future, including remodeling and new construction that meets the changing needs of students and community.

The Chancellor or designee shall develop plans and procedures for maintenance and enhancement of the District’s facilities based on this Board’s adopted philosophy and priorities statement and shall periodically report on the condition of these facilities to the Board.

Approved 11/19/90

Amended 8/16/99

The Education Code provides that there is a civic center at each and every community college where citizens and organizations may meet in accordance with rules and regulations established by the Board of Trustees.

No use shall be permitted that will interfere with the use and occupancy of a college facility or grounds for the purposes of the community college programs or activities. College activities include, but are not limited to, day, evening, weekend, community service, and continuing education activities.

Permitted uses under this policy are to be for short-term and temporary needs. No possessory interest is intended by any permitted use of a college facility. No use shall be permitted under the authorization of this policy that constitutes a monopoly for the benefit of any person or organization.

Facility uses that may be long in duration, that represent an exclusive use, or that are for commercial purposes not covered by the civic center provisions of the education code or this policy must be presented and approved by the Board of Trustees prior to occupancy.

The Chancellor shall develop specific facility use procedures and fee schedules that comply with the applicable laws. Procedures and fee schedules shall be periodically reviewed by the Board of Trustees.

Pursuant to Education Code section 82542(c), the following activities shall be charged fair rental value, as defined by section 82542(c)(2), for the use of District facilities: all activities other than those specified in section 82542(a).

Approved 7/27/60, 7/19/61

Amended 3/8/72, 12/3/73, 11/15/93, 8/28/95, 8/16/99

The Board believes it is of utmost importance to the financial welfare of the District to control the costs of new construction and major renovation. Major construction projects shall be defined as those with budgets in excess of one million dollars. To that end the Board directs the Chancellor to meet the following objectives:

1. Develop a process for identifying major construction needs and projects, establishing priorities, preparing budgets (with appropriate contingencies), obtaining local and state approvals that meet Education Code and other legal requirements, and incorporating long-term construction needs into a long-term financial plan.

2. Establish a district-wide Executive Bond Leadership Team to monitor major construction projects based on timeline, budgetary, change order and scope considerations in order to prevent project cost overruns beyond budgeted contingencies.

3. Establish a cost control process within the District’s Financial Reports System (FRS) to provide for accurate recording of each project’s expenses from initiation to completion and to produce timely reports for the monitoring of expenses regardless of the size of the project.

4. Provide for knowledgeable construction management expertise in order to ensure the quality of technical background and day-to-day management of the project.

5. Authorize the Executive Director of Facilities, Operations and Construction Management to process change orders that do not exceed five percent of the construction contract or $50,000, subject to subsequent ratification by the Board. Change orders in excess of this amount must have prior Board approval.

6. Establish a reporting mechanism to the Board, Audit and Finance Committee and Citizen’s Bond Oversight Committee on the status of capital projects.

7. Develop and maintain implementation procedures to meet these objectives.

See Administrative Procedure 3213 Implementing Procedures for the Control of Major and Minor Construction Projects

Approved 1/23/63

Amended 10/13/75, 4/20/92, 8/16/99, 8/27/07

The Board of Trustees has the final responsibility for the naming of any building or facility on any campus of the District and to commemorate such action with a standardized plaque funded by the District.

The following purposes are appropriate for naming any building or facility in the District:

1. To honor living or deceased persons who have directly contributed to the District in an exceptional way through service or monetary contributions;

2. To designate the function of the building or facility;

3. To reflect natural and geographical features;

4. To reflect a traditional theme of the college or the District.

The Chancellor shall establish and maintain procedures to be followed for the naming of a building or facility.

See Administrative Procedure 3216 Procedures for the Naming of College and District Buildings or Facilities

Approved 2/21/80; added to Board Policy 11/91

Amended 5/2/94, 8/16/99, 8/27/01

The Chancellor shall ensure that the District implements a broad-based, comprehensive, systematic and integrated system of planning that involves participatory governance representatives and appropriate segments of the college community, is supported by institutional research, and informs the District’s resource allocation processes.

The planning system shall incorporate plans required by law or regulation, as well as plans for each major function of the District, including but not limited to:

• Education Master Plan and/or Strategic Plan
• Facilities Plan
• Technology Plan
• Equal Employment Opportunity Plan
• Student Equity Plan
• Transfer Center Plan
• EOPS Plan

The Chancellor shall submit those plans for which Board approval is required to the Board and shall inform the Board periodically as to the status of the District’s planning efforts.

The Chancellor shall ensure that the District maintains a commitment to the effectiveness of its ongoing planning process by systematically reviewing, evaluating and modifying, as appropriate, all parts of the planning system.

The Chancellor shall ensure that institutional plans contain goals, objectives, and measurable outcomes, are integrated into the annual budget process, and that the results of institutional planning are broadly communicated.

See Board Policy 1200 Mission of the Foothill-De Anza Community College District

See Board Policy 3100 Organizational Structure

See Administrative Procedure 3100 Organizational Structure

See Board Policy 3225 Institutional Effectiveness

See Administrative Procedure 3225 Institutional Effectiveness

See Administrative Procedure 3250 Institutional Planning

Adopted 7/12/04

Amended and renumbered 3/2/15 (formerly BP 3050)

Amended 4/6/26

Foothill De-Anza Community College District (“District”) retains selective personal information in electronic form on employees, students, contractors and other individuals who conduct business with the district. Certain types of personal information, if divulged publicly or to unauthorized individuals, could result in significant personal damage including financial loss, loss of credit standing, or other problems requiring extensive time and effort by the affected individual(s) to address. To protect personal information, state and Federal laws restrict how certain types of personal information can be stored, displayed, or transmitted through electronic networks and in information technology systems. Furthermore, some laws require disclosure when information is compromised or when information systems have been breached.

The District and its employees have an ethical and legal obligation to take necessary steps to protect all personal information that is provided to the District.

The Board directs the Chancellor or designee to develop and implement procedures that will:

1. enforce all existing federal and state laws, including those laws and regulations that are specific to electronic information security as well as apply to the protection of personal information.

2. employ best practices to safeguard the storage and transit of personal information across the District’s information systems and digital networks.

3. delineate processes for expeditiously investigating suspected breaches, thefts of computing systems, or inadvertent disclosures of personal information contained in District information technology systems. These processes shall also describe the appropriate follow-on actions to take to limit damage, secure compromised systems, and notify affected persons.

See Administrative Procedure 3260 Electronic Information Security Procedures

Approved 1/20/09

In order to enhance the educational services provided on District campuses, the Board of Trustees directs the administration to seek ways of obtaining additional funding through grants.

Projects must be consistent with the objectives and priorities of the educational program. The value of the project, not the availability of state, federal or private funds, shall be the prime criterion in applying for funds.

The Chancellor shall establish procedures to assure timely application and processing of grant applications and funds.

See Administrative Procedure 3280 Grants

Approved 12/5/66

Amended 8/16/99

Amended and renumbered 12/8/14 (formerly BP 3124)

The Chancellor shall establish procedures for records management, including access by the public, that comply with the requirements of the California Public Records Act.

See Administrative Procedure 3300 Public Records

See Administrative Procedure 5045 Student Records - Challenging Content and Access Log

See Board Policy 5050 Disclosure of Student Records

See Administrative Procedure 5050 Disclosure of Student Records

See Administrative Procedure 7145 Personnel Files

Adopted 10/4/76

Amended 11/15/93

Amended and renumbered (formerly BP 1120) 4/1/19

Amended 6/8/26

The Board of Trustees hereby establishes as an annual procedure the records retention and destruction process set forth in Administrative Procedure 3410.

See Administrative Procedure 3410 Guidelines for Classification, Retention and Destruction of Records

Approved 11/18/96

Amended 8/16/99

The District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities.

The District, and each individual who represents the District, shall provide access to its services, classes, and programs without regard to national origin, immigration status, religion, age, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or military and veteran status, or because he/she/they is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.

The Chancellor shall establish administrative procedures that ensure all members of the college community can present complaints regarding alleged violations of this policy and have their complaints heard in accordance with the Title 5 regulations and those of other agencies that administer state and federal laws regarding nondiscrimination.

No District funds shall ever be used for membership, or for any participation involving financial payment or contribution on behalf of the District or any individual employed by or associated with it, to any private organization whose membership practices are discriminatory on the basis of national origin, immigration status, religion, age, gender, gender identity, gender expression, race, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or military and veteran status, or because he/she/they is perceived to have one or more of the foregoing characteristics, or because of his/her/their association with a person or group with one or more of these actual or perceived characteristics.

See Administrative Procedure 3410 Nondiscrimination

Approved 11/15/93

Amended 7/25/94, 5/1/95, 11/18/96, 8/28/06

Amended and renumbered (formerly BP 4105) 7/12/21

All forms of harassment are contrary to basic standards of conduct between individuals. State and federal law and this policy prohibit harassment, and the District will not tolerate harassment. The District is committed to providing an academic and work environment that respects the dignity of individuals and groups. The District shall be free of unlawful harassment, including that which is based on any of the following statuses or because he/she/they is perceived to have one or more of the following characteristics: race, religion, religious creed, color, national origin, ethnicity, ancestry, immigration status, physical disability, mental disability, medical condition, pregnancy, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, and/or any other protected characteristics under law.

The District seeks to foster an environment in which all employees, students, unpaid interns, and volunteers feel free to report incidents of harassment without fear of retaliation or reprisal. Therefore, the District also strictly prohibits retaliation against any individual for filing a complaint of harassment or for participating in a harassment investigation. Such conduct is illegal and constitutes a violation of this policy. The District will investigate all allegations of retaliation swiftly and thoroughly. If the District determines that someone has retaliated, it will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action consistent with applicable collective bargaining agreements, up to and including termination or expulsion.

Any student, employee, unpaid intern, or volunteer who believes that he/she/they has been harassed or retaliated against in violation of this policy should immediately report such incidents by following the procedures described in AP 3435 Discrimination and Harassment Complaints and Investigations. The District requires supervisors to report all incidents of harassment and retaliation in accordance with AP 3435 that come to their attention.

This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity. This policy will not be construed to infringe on First Amendment rights of students, faculty, or staff, including principles of academic freedom addressed in board policies. In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation.

To this end the Chancellor shall ensure that the institution undertakes education and training activities to counter harassment and to prevent, minimize, or eliminate any hostile environment that impairs access to equal education opportunity or impacts the terms and conditions of employment. Training activities will be delivered consistently with collective bargaining agreements, where applicable.

The Chancellor shall establish procedures that define harassment on campus. The Chancellor shall further establish procedures for employees, students, unpaid interns, volunteers, and other members of the campus community that provide for the investigation and resolution of complaints regarding harassment and discrimination, and procedures to resolve complaints of harassment and discrimination. State and federal law and this policy prohibit retaliatory acts by the District, its employees, students, and agents.

The District will publish and publicize this policy and related written procedures (including the procedure for making complaints) to administrators, faculty, staff, students, unpaid interns, and volunteers particularly when they are new to the institution. The District will make this policy and related written procedures (including the procedure for making complaints) available in all administrative offices and will post them on the District’s website.

Employees who violate the policy and procedures may be subject to disciplinary action up to and including termination consistent with applicable collective bargaining agreements. Students who violate this policy and related procedures may be subject to disciplinary measures up to and including expulsion. Unpaid interns who violate this policy and related procedures may be subject to disciplinary measure up to and including termination from the internship or other unpaid work experience program.

See Administrative Procedure 3430 Prohibition of Harassment

Adopted 5/3/82 (formerly BP 4640); 11/15/93 (formerly BP 4110)11/15/93 (BP 4640), 7/25/94 (BP 4110),
5/1/95 (BP 4640 and BP 4110),
12/12/05 (BP 4640), 8/28/06 (BP 4110),
3/3/09 (BP 4640), 8/31/09 (BP 4640),
Revised and renumbered 2/3/25 (formerly BP 4640 and formerly BP 4110)

This policy applies to the use of service animals related to an individual’s ability to: 1) access District facilities where members of the public, invitees, clients, customers, and patrons are allowed to go; and 2) access and participate in the District’s activities, services and program.

In order to prevent discrimination on the basis of disability, the District will allow an individual with a disability to use a service animal, as defined, in District facilities and on District campuses in compliance with state and federal law. For the purposes of this policy, a service animal is a dog or miniature horse that has been individually trained to do work for the benefit of the disabled person, and which otherwise meets the criteria set out in Administrative Procedure 3440. The District reserves the right to exclude any service animal from all or parts of District property for reasons allowed under applicable law, including if the continued presence of the animal presents a substantial risk of injury to persons or District property.

As this policy applies only to the use of service animals for the purpose of accessing facilities and participating in the District’s services and programs, students seeking academic accommodation and employees seeking employment accommodation outside the provisions of this policy shall do so in accordance with board policy 4670 and corresponding administrative procedure 4670 for requesting and receiving accommodation(s) under the Americans with Disabilities Act.

See Administrative Procedure 3440 Service Animals

Approved 3/11/13

The Foothill-De Anza Community College District prohibits animals from District-operated buildings except for animals required for instructional programs and service animals necessary for disability access as defined in board policy and administrative procedure 3440 Service Animals. Therapy animals are prohibited from District-operated buildings unless approved in accordance with board policy and administrative procedure 4670 Requesting and Receiving Accommodation(s) under the Americans with Disabilities Act.

While on District-operated property, animals at all times (except for animals required for instructional programs) must be under proper restraint and immediately removed if creating a disturbance. Animal owners/handlers are responsible for picking up and properly disposing of animal waste.

The walking or riding of horses on either campus except on District established and marked horse trails is prohibited.

The administration will publicize this policy and will use reasonable means of enforcement.

See Board Policy 3440 Service Animals

See Administrative Procedure 3440 Service Animals

See Board Policy 4670 Requesting and Receiving Accommodation(s) under the Americans with Disabilities Act

See Administrative Procedure 4670 Requesting and Receiving Accommodation(s) under the Americans with Disabilities Act

Approved 5/4/64

Amended 3/8/72, 6/2/86, 11/15/93, 5/5/08

Amended and renumbered 4/7/14 (formerly BP 1230)

The use, possession, consumption, sale, supply or delivery (collectively “use”) of alcoholic beverages on District property is generally illegal, and to that extent also prohibited by this Board Policy. (Business & Professions Code section 25608). Exceptions to the legal prohibition, and to this Policy, exist for use in courses of instruction (section 25608(a)(2)), special events (section 25608 (a) (15), Foundation sponsored fund raising events (section 25608(a)(10)) and for certain events at the Flint Center which are not sponsored by the College District and held while the Flint Center is under lease to a private, nonprofit corporation (Section 25608(a)(5). The district administration shall develop procedures and requirements for invoking these exceptions, including mandatory Board action for the approval of special events.

See Administrative Procedure 3500 On-Campus Alcohol Use

See Administrative Procedure 3501 Off-Campus Alcohol Use

Approved 3/11/13

The Board is committed to providing a District work and learning environment that is free from violence and the threat of violence. In accordance with local, state, and federal laws and regulations, the District will make every reasonable effort to provide a safe and healthy working environment for its employees and a safe and healthy learning environment for students and visitors.

This policy prioritizes the effective handling of incidents of workplace violence that are intended to physically harm others or to damage property, including those of actual violence or of behavior that reasonably may be considered to threaten violence. The Chancellor shall establish administrative procedures informing employees what actions will be considered acts of violence and encouraging any employee who is the victim of violent conduct in the workplace, or is a witness to violent conduct, to report the matter to appropriate authorities in and outside the workplace with assurance that there will be no retaliation for reporting such incidents.

Acts of workplace violence may be cause for disciplinary action including, but not limited to, termination of employment or expulsion from District premises. Violators may also be subject to criminal prosecution.

See Administrative Procedure 3510 Violence in the Workplace

Adopted 10/21/96

Amended 11/5/01

Renumbered (formerly BP 4515) and amended 1/11/21

The Chancellor shall establish procedures related to the responsibility of employees, within the scope of employment or in their professional capacity, to report suspected abuse and neglect of children.

See Administrative Procedure 3518 Child Abuse Reporting

Adopted 5/4/20

Firearms or other weapons shall be prohibited on any District property, any non-owned property at which the District operates or provides services, and in any facility of the District except when required for activities conducted under the direction of a District official or as authorized by an official law enforcement agency.

See Administrative Procedure 3530 Weapons on Campus

Approved 12/8/14

Foothill‑De Anza Community College District (“District”) owns and operates a variety of computer and communication systems, including voicemail, electronic mail (e‑mail), telephone, and access to the Internet, which are provided for the use of District faculty, administrators, staff and students in support of the programs of the Colleges and District. Hereinafter, this system and all of its component parts shall be referred to as the “District Network.” This network establishes a communications platform that often substitutes for in‑person meetings regarding District business.

The Computer and Network Use: Rights and Responsibilities Policy (“the Policy”) applies to all members of the District community using the District Network including faculty, administrators, staff, students, independent contractors, and authorized guests. The Policy covers use of computer equipment and communication systems at any District facility in computer labs, classrooms, offices, libraries and the use of the District servers and networks from any location. If any provision of this policy is found to be legally invalid it shall not affect other provisions of the policy as long as they can be effective without the invalid provision.

Ownership Rights

The Policy is based upon and shall be interpreted according to the following fundamental principle: the entire District Network, and all hardware and software components within it, is the sole property of the District which sets the terms and conditions of its use consistent with the law. Except as provided in Board Policy or collective bargaining agreements pertaining to intellectual property rights, employees and students have no rights of ownership to these systems or to the information they contain by virtue of their use of all or any portion of the District Network.

Privacy Interests

The District recognizes the privacy interests of faculty and staff and their rights to freedom of speech, participatory governance and academic freedom as well as their rights to engage in protected union and concerted activity. However, both the nature of electronic communication and the public character of District business make electronic communication less private than many users anticipate. In addition the District Network can be subject to authorized and unauthorized access by both internal and external users. For these reasons, there are virtually no online activities or services that guarantee an absolute right of privacy, and therefore the District Network is not to be relied upon as confidential or private. Nonetheless, the District seeks to afford email communications privacy protections comparable to those it traditionally affords paper mail and telephone communications.

District Rights

System administrators may access user files or suspend services they manage without notice: 1) to protect the integrity of computer systems; 2) under time‑dependent, critical operational circumstances; 3) as required by and consistent with the law; or 4) when it is reasonable to believe that violations of law or District policy or procedures have occurred. For example, system administrators, following organizational guidelines, may access or examine individual files or accounts based on suspicion that they have been corrupted or damaged or subject to unauthorized use or misuse. In such cases of access without notice, data or information acquired may be used to initiate or extend an investigation related to the initial cause or as required by law or Board policy. Such data or information may also be used as grounds for appropriate personnel action.

User Rights

While the District monitors electronic usage as part of its normal network operating procedures, the District does not routinely inspect or monitor users’ computer hardware or files, email, and/or telephone message system, nor disclose information created or stored in such media without the user’s consent. The District shall attempt to notify users before accessing computer hardware and files or prior to suspending service. In the event that the District acts without user consent, under its District Rights specified above, the District shall do so with the least perusal of contents and the least action necessary to resolve the immediate situation. When the District accesses files without user consent, it shall notify the user as soon as possible of its access and provide the reason for its action.

User Responsibilities

The Board recognizes that computers and networks can provide access to resources on and off campus, as well as the ability to communicate with other users worldwide. Such open access is a privilege and requires that individual users act responsibly. Users must respect the rights of other users, respect the integrity of the systems and related physical resources and observe all relevant law, regulations and contractual obligations.

For District employees, the intended uses of the District Network are those which are reasonable and necessary for the pursuit of job duties; for students, the intended uses are those which are reasonable and necessary for the pursuit of instructional activities. Although personal use is not an intended use, the District recognizes that the Network will be used for incidental personal activities provided that such use is within reason and provided that such usage is ordinarily on an employee’s own time, is occasional, and does not interfere with or burden the District’s operation.

“Unauthorized uses” include prohibited uses and any other use for a prohibited purpose, including illegal activities, messages which may constitute discrimination or harassment under state or federal law, or anything that interferes with the intended use. These types of prohibited uses and purposes are further defined in Administrative Procedure 3250.

All users of the District Network must read, understand, and comply with this Policy as well as Administrative Procedures 3250, and any additional guidelines established by the District. Such guidelines will be reviewed by the District and may become subject to Board approval as a District policy or procedure. By using any part of the District Network, users agree that they will comply with this Policy.

Copies of this Policy can be found in the policies section of the College Catalogues, Schedule of Classes, Student Handbooks, Faculty Handbooks, New Classified Employee Handbook, and the Handbook for New Administrators. Copies of this Policy are also available in the District Human Resources Office, the Office of the Dean of Student Development and EOPS (De Anza), the Office of the Dean of Student Affairs and Activities (Foothill), and on the District’s Web site at http://www.fhda.edu.

Enforcement of the Policy

The Board directs the Chancellor or designee to enforce all existing federal and state laws and District and college policies, including not only those laws and regulations that are specific to computers and networks but also those that apply generally to personal conduct. Violations of this Policy will be dealt with in the same manner as violations of other District policies or standards of behavior and may result in disciplinary action, subject to applicable due process requirements.

Users who believe this policy has been misinterpreted or misapplied may file a complaint in accordance with the Complaint Procedures found in Administrative Procedures 3250.

Students who do not observe the requirements of this Policy may be in violation of the Student Code of Conduct and subject to student discipline.

This Policy and Administrative Procedures 3250 shall be distributed to all new and existing employees. Nothing in this policy should be construed to interfere with First Amendment rights or with the academic freedom of faculty as outlined in Board Policy 4190.

See Administrative Procedures 3250 Procedures Regarding Misuse of Computer Information

Approved 11/17/97

Revised 7/7/03, 12/5/05

If any employee of the Foothill-De Anza Community College District (FHDA) reasonably believes that a policy, practice, or activity of FHDA is in violation of law, a complaint may be filed by that employee with his/her immediate supervisor. Alternatively, a complaint may be filed with a member of the Board of Trustees, Chancellor, College President, Vice Chancellor of Business Services or Vice Chancellor of Human Resources, hereinafter, known as Official Agents. Such complaints may also be filed with the Chancellor of the California Community College system. We encourage employees to bring issues to the attention of their supervisor or an Official Agent to allow the District a reasonable opportunity to resolve concerns internally whenever possible.

Neither Foothill College, De Anza College, nor the Foothill-De Anza Community College District will retaliate against an employee, who, in good faith, has made, or threatens to make, a legally protected disclosure to a supervisor or a public body regarding some unlawful activity, policy or practice of the college or district, or of another individual or entity with whom FHDA has a business relationship, on the basis of a reasonable belief that the practice is in violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

An employee is protected by law from retaliation for reporting or threatening to report an alleged unlawful activity, policy, or practice to his/her immediate supervisor, an Official Agent or the State Chancellor’s office.

See Administrative Procedure 3600 Whistleblower Protection

Approved 6/7/10

1. CLAIMS

Any claims against the District for money or damages, which are not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title I, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code.

1.1 Claims must be presented according to this policy and related procedures as a prerequisite to filing suit against the District.

1.2. Claims that are subject to the requirements of this policy include, but are not limited to, the following:

1.2.1 Claims by public entities: claims by the state or by a state department or agency or by another public entity.

1.2.2. Claims for fees, wages and allowances: claims for fees, salaries or wages, mileage, or other expenses and allowances.

2. CONTACTS

The designated District offices for service of claims, lawsuits, subpoenas, and/or other types of legal process upon the District are:

2.1 Claims against the district

Purchasing, Contracts & Risk Management Department

Attn: Risk Management Unit

Foothill-De Anza Community College District

12345 El Monte Road

Los Altos Hills, CA 94022

2.2 Legal process (subpoenas, summons) and lawsuits

Office of the Vice Chancellor of Business Services

Foothill-De Anza Community College District

12345 El Monte Road

Los Altos Hills, CA 94022

See Administrative Procedure 3810 Claims Against the District

Adopted 6/10/19

Students, employees, and members of the public shall be free to exercise their rights of free expression, subject to the requirements of this policy.

The colleges of the District have areas that are designated public forums available for the exercise of expression by students, employees, and members of the public. The Chancellor shall enact such administrative procedures as are necessary to reasonably regulate the time, place, and manner of the exercise of free expression in the designated public forums.

The administrative procedures promulgated by the Chancellor shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges or other insignia.

Speech shall be prohibited that is defamatory, obscene according to current legal standards, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District property, or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District.

Nothing in this policy shall prohibit the regulation of hate violence directed at students in a manner that denies their full participation in the educational process (Education Code Section 66301 subdivision (e)) so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution and of Section 2 of Article 1 of the California Constitution. Students may be disciplined for harassment, threats, or intimidation unless such speech is constitutionally protected.

See Administrative Procedure 3900 Speech: Time, Place, and Manner

Approved 1/4/99

Amended 6/5/06

Amended 5/3/21 (formerly BP 5550)

Each employee in the District shall be responsible to the Board through the Chancellor.

The Chancellor shall establish organizational charts that delineate the lines of responsibility and fix the general duties of employees within the District. The organizational chart shall be considered as a diagrammatic outline of administrative responsibility. This should not be interpreted as a rigid pattern of authority which prevents a free flow of communication and assistance within the District nor prohibits changes to allow for flexibility as deemed necessary for effective operations.

See Administrative Procedure 3100 Organizational Structure

Approved 4/3/61

Amended 5/1/95

Amended and renumbered 12/8/14 (formerly BP 2220)

The Foothill-De Anza Community College District is a public entity operated in accordance with California state law. To protect the public interest, district employees are obligated to treat their positions as a public trust, using their official powers and duties and the resources of the district only to advance the public interest. This obligation requires that all employees:

• be accountable as individuals and as members of this community for our ethical conduct and for compliance with applicable laws, policies and directives
• protect the integrity of the district by being impartial in the exercise of their duties, and avoiding the use of their positions for personal gain or private benefit;
• promote an environment free from fraud, abuse of authority, and misuse of public resources;
• create a work environment that is free from all forms of unlawful discrimination and harassment;
• treat members of the district community and of the community at large with respect, concern, courtesy, and responsiveness;
• protect confidential information to which employees have access in the course of their duties.

Approved 6/20/11

The Foothill‑De Anza Board of Trustees established a Foundation as the auxiliary organization responsible for coordinating and promoting fundraising. The intent is that the Foundation function as the sole recipient of private gifts to the District because:

• The Foundation is qualified as a 501(c)(3) public benefit corporation. Most donations trigger a Federal and State charitable tax deduction for the donor. College employees cannot validate gifts for tax deductibility that do not come through the Foundation and the donor may forfeit any claim for a deduction since the IRS requires written substantiation by a qualified 501(c)(3) public benefit corporation for all gifts of $250 or more.

• The Foundation is charged with stewardship and fiduciary responsibilities to ensure that the gift is properly accounted for, that donors are appropriately thanked and provided with the tax information required for them to secure a deduction, and that the gifts are correctly channeled to the department they are to serve.

• The District and many of its departments receive gifts‑in‑kind (equipment, goods or services) that can be used in the instructional process. There are complicated tax requirements for the acceptance and recording of these gifts. Numerous forms, fairly narrowly defined IRS rules and regulations, and special requirements govern gifts‑in‑kind.

• Gifts of property, securities or “planned gifts” (those gifts invested on behalf of the donor for which the donor receives income for life as well as bequests and living trusts) have extremely complicated reporting and legal requirements.

It is vital that gifts are handled expeditiously, legally, and appropriately to ensure compliance with the complex tax laws governing gift acceptance.

Gifts to the Foothill‑De Anza Community Colleges Foundation

Gifts have all of the following characteristics:

• The contribution is from a private individual or non‑government source;

• The donor specifies that the contribution is a charitable gift;

• The donor places reasonable conditions or stipulations on the intended use of the gift. In the absence of written conditions or stipulations, the assumption is that the gift is for the Foundation General Fund;

• The donor intends the gift to be irrevocable and, therefore, relinquishes the right to reclaim the gift or any unused remainder;

• The donor makes the donation to the Foundation without the expectation of direct economic benefit or other tangible benefit commensurate with the worth of the gift.

The term “gift” can apply to any of the following:

• Cash (currency, coin, checks, money orders, bank drafts, etc.);

• Securities (bonds, stocks, etc.);

• Non‑cash gifts, also known as “gifts-in-kind” (books, equipment, art treasures, etc.);

• Real property;

• Inventions, patents and copyrights;

• Mineral rights;

• Fractional or remainder interests;

• Deferred arrangements (life income, contracts, unitrusts, etc.);

• Wills, bequests, devises.

Gifts made to the Foundation may be:

• Unrestricted — to be used as the Foundation Board, with recommendations from District administration and the Board of Trustees, deems most appropriate;

• Restricted — to be used for a specific program or project.

Funds may be:

• Current — to be used over a non‑specific period of time;

• Endowed — the principal to be invested; interest to be available for income;

• Deferred — funds will be available at a later date. Generally, these gifts are the result of estate planning.

Donor Restrictions

The donor may direct in writing that a gift be used for specified purposes such as scholarship, a particular department or division, a specific program or project. Once established, the donor can change such restrictions only in writing.

Gift Payee

All gifts, whether restricted or unrestricted, should be made payable to THE FOOTHILL‑DE ANZA COMMUNITY COLLEGES FOUNDATION.

Gift Acceptance

When a gift is accepted, the Foundation assumes a legal and ethical obligation to conform to the donor’s wishes. Therefore, it is essential that donors be encouraged to state in writing those restrictions, if any, to be placed on the use of the funds provided.

Except as provided for below, the Foundation Executive Director, or his/her designee, has authority to accept gifts or related funds and instruments designated by the donor for purposes or uses congruent with the District’s mission and needs.

The valuation and substantiation of charitable gifts is a matter between the donor/taxpayer and the taxing agency and the Foundation will not estimate the value of non‑cash gifts. The Foundation will cooperate fully with the donor in the gift substantiation process required by the taxing agency.

Special Acceptance Criteria

Gifts to establish new programs, real property gifts, or donations involving a substantial or unique obligation of the Foundation or the District, shall be submitted to the Chancellor/Board of Trustees for the approval of donation acceptability and conformance with District regulations.

Declination of Gifts

Gifts may have to be declined by the Foundation, in consultation with the college presidents and chancellor, under conditions including but not limited to when:

• The gift is restricted and would require support from other resources that are unavailable, inadequate, or may be needed for other institutional purposes.

• The gift is restricted and would support a purpose or program peripheral to existing principal purposes of the institution, or create or perpetuate programs or obligations that would dissipate resources or deflect energies from other programs or purposes.

• The gift would injure the reputation or standing of the District or generate controversy that may defeat the intended educational purpose.

Gift Fund Accounts

To establish a new Foundation account, a Foundation’s authorized form must be completed, indicating account purpose, the types of authorized expenditures, and authorized budgeters.

Approved 1/7/63

Amended 8/16/99; 12/15/03

The Board of Trustees affirms that accreditation is a cornerstone of institutional effectiveness, ensuring the District meets established standards of academic quality, integrity, and accountability while enabling access to federal financial aid, grants, and the transferability of student credits. Therefore, the Chancellor shall ensure the District complies with the accreditation process and standards of the Accrediting Commission of Community and Junior Colleges and of other District programs that seek specialized and/or programmatic accreditation. The Chancellor shall keep the Board informed of approved accrediting organizations and the status of accreditations.

The Chancellor shall ensure that the Board is involved in any accreditation process in which Board participation is required. The reception of the accreditation team should, where possible, include all Board members and all personnel authorized by the Board.

Preparation for each successive accreditation visit is informed by reflection on prior evaluation reports, with the institution using the findings as an opportunity to strengthen practices, address recommendations, and advance ongoing improvement in support of student learning and institutional effectiveness.The Chancellor shall provide the Board with a summary of any accreditation report and any actions taken or to be taken in response to recommendations in an accreditation report.

See Administrative Policy 3200 Accreditation

Adopted 5/1/61

Amended 2/7/11

Amended and renumbered 3/2/15 (formerly BP 2510)

Amended 4/6/26

Statement

In order to provide a safe learning and working environment for students and employees, smoking is prohibited in all indoor and outdoor campus locations, with the exception of designated smoking areas as defined by each campus.

A. Vehicles

Smoking is prohibited in district vehicles.

B. Signs

“No Smoking” signs shall be conspicuously posted on campus. In addition, designated smoking areas will be clearly marked.

C. Advertising

No tobacco related advertising or marketing shall be permitted at Foothill-De Anza Community College District or in publications produced by Foothill-De Anza Community College District.

D. Sale of Tobacco

The sale of tobacco products on campus is prohibited.

E. Implementation

This policy relies on the consideration and cooperation of smokers and non‑smokers. It is the responsibility of all employees, students, and visitors to observe and follow the guidelines. This policy shall be communicated and published in the colleges’ catalogs, handbooks, websites, and other appropriate locations.

F. Enforcement

Smoking violations shall be subject to issuance of citations by the District Police Department as provided for by state law.

See Administrative Procedure 3217 Non-Smoking Areas

See Administrative Procedure 5510 Student Code of Conduct

See Administrative Procedure 5520 Student Due Process and Discipline

Approved 1/8/96

Approved by CAC 2/24/12

Amended 8/16/99, 12/2/02, 6/20/05,7/12/10, 3/12/12

The Board of Trustees is committed to developing goals that measure the ongoing condition of the District’s operational environment and advance the accomplishment of the District’s mission. The Board regularly assesses institutional effectiveness and fulfills its accountability role by setting expectations for integrated planning, reviewing evidence of institutional performance, and monitoring progress toward established District and College goals and outcomes. Through its policy-making and oversight responsibilities, the Board ensures that planning processes, resource allocation, and evaluation activities are aligned with the mission and support continuous improvement and student success.

See Administrative Procedure 3225 Institutional Effectiveness

Adopted 8/3/15

Amended 4/6/26

The name is the property of the District. No person shall, without the permission of the Board of Trustees, use this name or the names of any colleges or other facilities of the District, or any abbreviation of them, to imply, indicate or otherwise suggest that an organization, product or service is connected or affiliated with, or is endorsed, favored, supported, or opposed by, the District.

The District consists of the following colleges and education center:

• Foothill College
  12345 El Monte Road, Los Altos Hills, CA 94022

• De Anza College
  21250 Stevens Creek Boulevard, Cupertino, CA 95014

• Foothill College Sunnyvale Center
  1070 Innovation Way, Sunnyvale, CA 94089

The Foothill-De Anza Foundation, union bargaining units or employee associations duly authorized to represent District employees and college or District-authorized clubs and organizations are through this policy granted permission by the Board to use the official District or college name.

Adopted 6/17/13

Amended 7/12/21

Amended 7/8/24

Recognizing that community services is one of the major purposes and an authorized function of public community colleges, the Foothill‑De Anza Community College District will provide a program of educational, personal growth, enrichment, cultural and recreational community services. This program shall be so structured as to supplement, extend and enhance the instructional and student activity programs of the colleges.

Approved 12/17/62

Amended 3/8/72, 11/15/93

The Foothill‑De Anza Community College District, dedicated to the principle of freedom of inquiry and recognizing an obligation to provide its community with extended opportunities for education, personal growth, and enrichment beyond that provided by the regular college curriculum, will offer a diversified and balanced program of Community Services short courses. Selection of these short courses will be governed by the following guidelines:

A. All new and continuing courses to be offered will be reviewed and approved by the Board of Trustees.

B. Courses will be approved if they conform to principles enumerated below:

1. Are appropriate to post‑secondary education for adult offerings.

2. Are appropriate to elementary and secondary education, i.e., in the case of College for Kids, Sports Camp and Summer Swim.

3. Do not carry college credit.

4. Continuing education classes may be eligible for continuing education units.

5. Are supported by participant fees.

6. Emphasize personal and/or professional development and enrichment.

7. Are part of a program designed to satisfy a wide range of public interest.

8. Provide opportunities for introductory courses which might promote interest and participation in the regular course program.

9. Attempt to appeal to all citizens in the community including those not ordinarily involved in other District programs.

10. Emphasize the objective imparting of information.

11. Do not advocate or denigrate any religious philosophy or doctrine.

12. Do not proselytize for the benefit of organizations or individuals.

13. Do not promote a commercial interest.

Approved 3/7/66

Amended 3/8/72; 4/4/77; 11/15/93

The mission of the Foothill-De Anza Community College District is student success and educational excellence. The District and its colleges provide access to affordable, quality educational programs and services that develop a broadly educated and socially responsible community that supports an equitable and just future for California and the global community. Every member of our district contributes to a dynamic instructional and learning environment that fosters student engagement, equal opportunity, and innovation in meeting the various educational and career goals of our diverse students. Foothill-De Anza is driven by an equity agenda and core values of integrity, inclusion, care for our students' well-being, and sustainability.

The mission is evaluated and revised on a regular basis.

See Board Policy 3225 Institutional Effectiveness

See Administrative Procedure 3225 Institutional Effectiveness

See Board Policy 3250 Institutional Planning

See Administrative Procedure 3250 Institutional Planning

Approved 7/12/04

Amended 8/3/09

Amended and renumbered 6/3/13 (formerly BP 1000)

Amended 7/13/15, 7/11/16

Amended 5/1/23

Amended 7/8/24

The Board shall from time to time form and/or recognize a California Non-Profit Corporation or other entity as an Auxiliary Organization of the District within the meaning of Education Code sections 72670-72682. In order to facilitate that process, the Board shall:

1. After due hearing, adopt a set of Board Regulations generally governing the purpose and operation of such Auxiliary Organizations, and obtain approval of same from the State Chancellor. Upon adoption and approval, a certified copy of said regulations shall be appended to this Board policy, and shall become a part hereof.

2. Describe the respective rights and obligations of the District and each of its Auxiliary Organizations in a Master Agreement between the District and each Auxiliary Organization.

In its execution of this policy, the administration is directed to take all necessary steps to comply with applicable laws, regulations and policies pertaining to the creation, recognition, and governance of Auxiliary Organizations.

Approved 6/3/96

The Foothill‑De Anza Community College District Board of Trustees values the contributions that a culturally diverse community of faculty, staff, and administrators makes to all the students who study at Foothill and De Anza Colleges. The Board of Trustees desires for students and for all district employees an environment where diverse cultures, abilities, and needs are respected and where difference offers stimulating opportunities for learning and personal fulfillment. Therefore, the Board commits itself to develop policies and procedures and to act in such ways as to encourage a positive, harmonious work and learning environment.

With the intent to realize its commitments, the Board of Trustees supports equality in employment and educational opportunity. The Board believes that effective recruitment and hiring of a diverse faculty and staff and a vigorous outreach effort to recruit a similarly diverse student population are, along with appropriate support services, important means to cultural diversification of the college community and to the enrollment, retention, and transfer of all students.

The Board expressly solicits the cooperation of all district staff in providing an environment conducive to open discussion and free of intimidation, harassment, and unlawful discrimination. Through the cooperation and with the assistance of all district staff, the Board of Trustees assures all employees and applicants equal opportunity for employment and promotion--regardless of race, color, sex, religion, national origin, age, disability, status as Vietnam-era veterans, marital status or sexual orientation.

The Board directs the Chancellor and the college presidents to assume responsibility for implementing and communicating the Board's policy and commitment. Every department, division, or organizational unit head shall be responsible for the proper and effective implementation of the District Cultural Diversity/Equal Opportunity Policy. The Board requires that the district administrative staff and all agents acting on the Board's behalf make every effort to ensure that the recruitment, screening, selection, hiring, and promotional processes for all employment positions are in accordance with the principles of equal opportunity. Additionally, in keeping with support for student success, the Board directs that the principles and spirit of this Cultural Diversity/Equal Opportunity Policy be applied to student admissions and enrollment, financial aid, transfer, curriculum, and faculty and staff development.

In compliance with this Board policy and consistent with the regulations embodied in California and Federal Equal Opportunity legislation, the Board directs the staff to develop and to periodically update a Cultural Diversity/Equal Opportunity Plan. In this plan there shall be procedures to insure that there is strict compliance with the Board approved goals and all other aspects of the plan developed by District faculty, staff, and administrators.

Approved 6/21/62

Amended 6/7/72, 12/3/73, 11/21/77, 2/12/90, 11/18/96, 4/1/02

Reaffirmed 5/5/03

The District does not prohibit the employment of relatives or domestic partners in the same department or division provided that neither relative/partner participates in or in any way influences recommendations or decisions specifically affecting the appointment, retention, evaluation, tenure, work assignment, promotion, demotion or salary of the other relative/partner; or in any action, event, or circumstance where a real or perceived conflict of interest may exist for the parties.

In those instances where developments cause one relative/partner to have recommending or decision making responsibilities over another relative/partner, the District may transfer one of the parties. If a transfer is not possible, these functions, as they apply to the related persons shall be performed by the next higher level of supervision/administration in the department or division until a transfer can be accomplished.

Approved 5/20/96

The Board authorizes the employment of personnel for specially funded programs under provisions of Education Code Section 87470. Such personnel shall be informed in writing of the special terms and conditions of this employment, including a statement that such employment will be terminated at the end of the special funding and that such employment shall not be included in computing service required for attainment of a classification as a permanent employee of the District.

Approved 11/21/77

The Board authorizes the Chancellor to authorize employment and other personnel action items pending Board ratification provided he/she has verified that all appropriate procedures and policies have been followed. Prior Board approval is required for an appointment as Chancellor, Interim Chancellor and Acting Chancellor, and for a regular appointment as President, Vice Chancellor and Executive Director of Facilities, Operations and Construction.

Approved 10/25/61

Amended 12/3/73, 11/18/96, 12/6/10

Administrative Employment

The Foothill‑De Anza Community College District seeks a qualified, diverse administration, faculty and staff dedicated to student success. The District is committed to an open and inclusive hiring process that supports the goals of diversity and equal opportunity providing equal consideration and opportunities for all qualified candidates. The goal of every hiring process is to select the qualified candidate who best meets the needs of our students.

The faculty, staff and administration recognize the importance of an effective hiring process that reflects mutual professional responsibility and interest in achieving the common goal of hiring outstanding administrators who will enhance the learning experience for all students and fulfill the mission and goals of the College and the District.

Hiring faculty, classified staff and administrators is accomplished through search and selection committees which produce a recommendation from the President or appropriate administrator to the Chancellor to recommend to the Board for employment.

Classified Employment

The Foothill‑De Anza Community College District seeks a qualified, diverse administration, faculty and staff dedicated to student success. The District is committed to an open and inclusive hiring process that supports the goals of equal opportunity and diversity providing equal consideration and opportunities for all qualified candidates. The goal of every hiring process is to select the qualified candidate who best meets the needs of our students.

The faculty, staff and administration recognize the importance of an effective hiring process that reflects mutual professional responsibility and interest in achieving the common goal of hiring outstanding classified staff who will enhance the learning experience for all students and fulfill the mission and goals of the College and the District.

Hiring faculty, classified staff and administrators is accomplished through search and selection committees which produce a recommendation of a final candidate from the President or appropriate administrator to the Chancellor to recommend to the Board for employment.

Faculty Employment

The Foothill‑De Anza Community College District seeks a qualified, culturally and ethnically diverse faculty and staff dedicated to student success. The District is committed to an open and inclusive hiring process that supports the goals of diversity and equal opportunity providing equal consideration and opportunities for all qualified candidates.

The faculty, staff and administration recognize the importance of an effective hiring process that reflects mutual professional responsibility and interest in achieving the common goal of hiring outstanding faculty and staff who best meet the needs of students.

Hiring faculty, classified staff and administrators is accomplished through search and selection committees which produce a recommendation from the President or appropriate administrator to forward a final candidate to the Chancellor to recommend to the Board for employment.

See Administrative Procedure 4130 District Hiring Procedures

Approved 11/18/96

Revised 1/5/98, 4/1/02, 11/4/02

The Foothill‑De Anza Community College District has established the following minimum hiring qualifications for all faculty positions:

1. Demonstrated sensitivity to, understanding of and respect for the diverse academic, socioeconomic, cultural, religious, sexual orientation, disability and ethnic backgrounds of community college students.

2. Minimum qualifications or the equivalent as established by the Statewide Academic Senate and adopted by the Board of Governors of the California Community Colleges which are used by department/program faculty to establish the minimum qualifications for each faculty position. Qualifications beyond minimum qualifications are reviewed by the Vice Chancellor of Human Resources and Equal Opportunity or designee for job relatedness and potential adverse impact on the applicant pool.

3. Commitment to participation in department/program activities and the participatory governance of the College.

Approved 11/18/96

Revised 1/5/98, 4/1/02

The Board recognizes that the evaluation of faculty and administrators, like the selection of staff, is ultimately an administrative responsibility and therefore authorizes the administration to proceed with evaluation and to notify those being evaluated of what the recommendation to the Board will be.

The Board recognizes that a highly successful college must have staff members who not only are competent in all areas, but also have empathy with the philosophy, objectives, and total program of the college, and the Equal Opportunity and Diversity Program of the District. The possession of these qualities cannot be determined by objective or tangible data or evidence, but the Board wishes to have them included with other criteria when making evaluative recommendations.

Approved 10/19/68

Amended 7/19/72, 12/3/73, 2/9/78, 11/18/96, 9/8/03

The District shall maintain personnel files of employees. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Each employee shall have the right to inspect such materials upon request. Information of a derogatory nature shall not be filed in the permanent personnel file unless and until the employee is given written notice and an opportunity to review and prepare comments in response. An employee may prepare a written statement which will be attached to the information to be filed.

Approved 6/16/65

Amended 11/4/68, 7/19/72, 2/9/78, 11/18/96

The Foothill‑De Anza Community College District values the contributions and leadership of employees in the shared governance of the District. The District is committed to support and facilitate the involvement of employees in this process and will provide release time to certain employee organizations to allow their leadership to participate in shared governance. This policy applies to all release time that is not subject to a negotiated agreement. District release time will be provided in accordance with the following procedures and guidelines.

See Administrative Procedure 4157 Definitions and Procedures for Release Time

Approved 7/14/97

The Board encourages participation of faculty, administrators and classified staff in professional activities which will enhance the educational program.

Approved 3/4/63

Amended 11/18/96

De Anza College and Foothill College, as public community colleges working within the framework of the California Master Plan for Higher Education, are not designated as research institutions, and therefore the Board makes no special provision for the encouragement of research by staff members other than institutional analysis.

The administration may permit the use of District equipment and facilities by those faculty members conducting research on other than college time. Such use of equipment and facilities must not interfere with their use for instructional purposes, nor may it constitute other than nominal expense to the District.

The writing of articles and books is a type of professional activity which the Board wishes to encourage. However, as an institution with instruction as a primary responsibility, no allowance will be made for such activities except in consideration of professional growth.

See Board Policy 4185 Publication of Instructional Materials

Approved 12/4/61

Academic freedom encompasses the freedom to study, teach and express ideas and viewpoints, including unpopular and controversial ones, without censorship, political restraint or retribution. Academic freedom allows for the free exchange of ideas in the conscientious pursuit of truth. This freedom exists in all service areas, including but not limited to teaching, librarianship, counseling, coordinating and all faculty-student interactions. Academic Freedom is the bedrock principle of all institutions of learning and must be extended to all faculty regardless of their status as full-time, part-time, or probationary.

Faculty members have the principal right and responsibility to determine the content, pedagogy, methods of instruction, the selection, planning and presentation of course materials, and the fair and equitable methods of assessment in their assignment in accordance with the approved curriculum and course outline and the educational mission of the District, and in accordance with state laws and regulations. These rights and responsibilities include, but are not limited to, the faculty member’s choice of textbooks and other course materials, assignments and assessment methods, teaching practices, grading and evaluation of student work, and teaching methods and practices.

Approved 4/20/60
Amended 11/18/96
Approved FH Academic Senate 6/1/09
Approved DA Academic Senate 6/8/09
Approved by Board 1/5/10

No restriction shall be placed on the political activities of any employee of the District except as provided in Board policy and procedures.

No district resources, including, but not limited to, employee time, funds, services, supplies or equipment may be used to urge the support of or defeat of any ballot measure or candidate including but not limited to any candidate for election to the Governing Board. District resources may be used to provide information to the public about the possible effects of a bond issue or other ballot measure if both the following conditions are met:

• The information activities are otherwise authorized by the Constitution or laws of the State of California; and
• The information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure.

An officer or employee of the District may solicit or receive political funds or contributions to promote the support or defeat of a ballot measure that would affect the rate of pay, hours of work, retirement, or other working conditions of officers or employees of the District. However, such activities are prohibited during working hours. In addition, entry into buildings and grounds of the District for such purposes during working hours is prohibited. Such activities are permitted during nonworking time. “Nonworking time” means time outside an employee’s working hours, whether before or after the workday or during the employee’s lunch period or other breaks during the day.

This policy is not intended to limit free and objective discussion in the classroom of all ballot issues where appropriate, nor is it intended to limit the right of faculty members to align themselves actively in any political campaign outside the classroom nor is it intended to limit the right of faculty members to serve as advisors of a properly constituted student political club.

See Board Policy 9550 Campaign Assistance to Board Members

Approved 1/7/63

Amended 10/2/68, 2/3/71, 11/18/96, 4/4/11

The Board will compensate all employees in the District with total compensation comprised of salary and benefits that is appropriate, fair and competitive. Compensation decisions shall be made within the Board’s fiduciary responsibility to the public. In accordance with the Education Code and the negotiated agreements with employee groups, the Board shall adopt and publish all salary schedules.

Approved 11/18/96

Revised 10/6/03

In compliance with the Family Medical Leave Act (FMLA) and the California Family Rights Act, eligible District employees may take unpaid leave of up to 12 weeks for qualified medical and family reasons. The purpose of the Family Medical Leave Act is to provide employees reasonable leave to care for an eligible family member or the employee himself or herself, in the event of a serious medical condition, or to enable the employee to care for a child within one year of the child's birth, adoption or receipt into foster care. While on leave, employees are entitled to District paid benefits.

Approved 9/11/95

Amended 4/1/02

The dismissal of any employee of the District shall be a procedure used only when all reasonable and legal methods of obtaining satisfactory performance have been exhausted. Education Code Sections 88013 and 88016 and 87730 through 87738 specify procedures and causes by which a Board of Trustees may terminate employment of a permanent employee.

Approved 1/17/77

Amended 11/18/96

Foothill‑De Anza Community College District recognizes the dangers of drug use in the workplace. It is, therefore, the policy of the District to provide a drug-free workplace.

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace or on District business is prohibited. Any violation of this policy by an employee of the District may result in (1) the district, at its option, requiring the employee to participate satisfactorily in a drug-abuse assistance or rehabilitation program; (2) disciplinary action, up to and including termination under applicable District policies and collective bargaining agreements.

Further, federal law requires that an employee notify the District of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. If the employee works in a program which receives money from a federal contract or grant, the District is required to notify the Federal contracting or granting agency within ten days of receiving notice of such a conviction and within thirty days to take appropriate disciplinary action, up to and including termination or to require the employee to participate satisfactorily in an approved drug-abuse assistance or rehabilitation program.

Employees who need drug counseling or rehabilitation are encouraged to use the employee assistance plan, if eligible, or contact one of the campus health offices for referral to a community counseling or rehabilitation program.

Approved 1/22/90

The Foothill‑De Anza Community College District (the “District”) provides a safe work place, free from alcohol and/or controlled substances. Effective January 1, 1996, the District complies with the United States Department of Transportation (DOT) regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991.

The District’s required alcohol and controlled substances initial and confirmatory testing process is in accordance with the United States Department of Transportation Procedures published in Title 49, Code of Federal Regulations, Part 40 and Part 382. Employees who are performing defined safety‑sensitive functions under the Act may not be under the influence of or in possession of controlled substances or alcohol during work hours.

Approved 6/17/96

The Board of Trustees upholds that, for persons with disabilities, improving the access to educational and employment opportunities must be a priority. The Board of Trustees directs the administration to take the necessary actions to implement the requirements of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The Foothill‑De Anza Community College District shall not discriminate against a qualified individual with a disability because of the disability with regard to employment or with regard to the provision of District programs, services, and activities.

A person who is otherwise qualified may request accommodation related to his/her disability, provided that the accommodation does not impose an undue hardship on the District. The procedures for requesting accommodation are maintained in the President's Office and the office of the ADA Coordinator on each campus and in the District Office.

See Administrative Procedure 4670 Procedures for Requesting and Receiving Accommodation(s) Under the Americans with Disabilities Act

Approved 4/4/94

Amended 7/25/94

Academic employees are all persons employed by the District in academic positions. Academic positions include every type of service, other than paraprofessional service, for which minimum qualifications have been approved by the Board of Governors for the California Community Colleges.

Educational administrator means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators.

Faculty are those employees who are employed by the District in academic positions that are not designated as supervisory or management. Faculty positions include, but are not limited to, instructors, librarians, counselors, as well as professionals in health services, equity, professional development, Disabled Students Programs and Services, and Extended Opportunity Programs and Services.

A full-time faculty member is one who is employed to perform a full load of instruction, counseling or direct assistance with learning resources. In addition to these duties, full-time faculty are expected to hold regularly scheduled office hours, participate in the governance of the college/district and provide service to the Foothill-De Anza community as well as other related professional activities including but not limited to curriculum planning, professional growth activities, and participation in student activities as appropriate.

A part-time faculty member is one who is employed for less than 67 percent of the annual load of scheduled duties (assigned teaching, counseling, or librarianship) for a full-time faculty member having comparable duties.

Decisions regarding tenure of faculty shall be made in accordance with the evaluation procedures established in the collective bargaining agreement for the evaluation of probationary faculty and in accordance with the requirements of the Education Code. Tenure will be granted upon final approval of the Board of Trustees.

The District may employ full-time temporary or part-time temporary faculty from time to time as required by the interests of the District and in accordance with the requirements of the Education Code. The Board delegates authority to the Chancellor to determine the extent of the District’s needs for temporary faculty, and such hiring is in accordance with the District administrative hiring procedure.

Notwithstanding this policy, the District shall comply with its goals under the Education Code regarding the ratio of full-time to part-time faculty to be employed by it and for making progress toward the standard of 75 percent of total faculty work load hours taught by full-time faculty.

Approved 11/21/62

Amended 4/6/64, 2/3/75, 6/28/76, 11/18/96

Amended and renumbered (formerly BP 4155) 8/1/22

In accordance with Education Code Section 87359 and Section 53430 of the California Code of Regulation, Title 5, the Foothill‑De Anza Community College District may grant equivalency to the minimum qualifications of a degree and/or experience required for a position to those applicants who provide conclusive evidence of equivalency to the minimum qualifications. Equivalency for degree requirements is based on conclusive evidence, as determined by the established process of either college, that an applicant possesses the general education and the major course work required for the required degree or clear and verifiable eminence in the discipline. Equivalency for required experience is based on conclusive evidence of mastery of the skills of the vocation for the specific assignment as well as for other courses in the discipline and extensive and diverse knowledge of the working environment of the vocation. Equivalency, once granted by a college, is granted on a districtwide basis.

Adopted 4/1/96

Amended and renumbered (formerly BP 4140) 7/13/20

All newly hired academic employees shall have on file a medical certificate indicating freedom from communicable diseases unfitting the employee to instruct or associate with students, including tuberculosis. No academic employee shall commence service until such medical certificate has been provided to the District.

All newly hired academic or classified employees must show that within the past 60 days they have submitted to a tuberculosis risk assessment and, if risk factors are present, been examined to determine that they are free from active tuberculosis. If risk factors were present at the tuberculosis risk assessment, and an examination occurs, after the examination the employee shall provide the District with a certificate from the employee’s examining physician showing that the employee was examined and found to be free from active tuberculosis.

All employees shall be required to undergo a tuberculosis risk assessment within four years of employment and every four years thereafter, to determine if they are free from tuberculosis.

This policy shall not apply to classified employees hired for any period of time less than a school year whose functions do not require frequent or prolonged contact with students or who are not working in food services or child development centers.

See Administrative Procedure 7330 Communicable Disease - Employees

See Administrative Procedure 7336 Certification of Freedom from Tuberculosis

Approved 10/2/63

Amended 10/6/71, 11/18/96

Amended and renumbered 7/12/21

Each employee hired by and each volunteer engaged to provide service to the Foothill-De Anza Community College District shall be fingerprinted as a condition of employment and such fingerprints shall be submitted to the Department of Justice with a request for records regarding conviction of any crime(s). Further, each campus shall determine and identify, by tasks, responsibilities and other business-related criteria, those student workers which shall be fingerprinted as a condition of student employment.

All information received in response to this policy is considered sensitive and shall be handled in a confidential manner consistent with the District's personnel practices and applicable state regulations.

The District shall not employ or retain in employment, including employees, volunteers, and student workers, any person who has been convicted of: 1) a sex offense as defined by Education Code § 87010 or a controlled substance offense as defined by Education Code § 87011; or 2) a crime, where such conviction is determined to be job related and consistent with business necessity.

See Administrative Procedure 7337 Fingerprinting of Employees, Volunteers and Student Workers

Education Code Sections 87010, 87011, 87013 and 88024

Penal Code Sections 11102.2 and 11077.1

Approved 6/11/90

Amended 11/18/96, 3/3/14

The Board of Trustees shall provide for reimbursement of authorized expenses to Board members, staff members, and students who make official trips on behalf of the District.

The Chancellor is authorized to attend conferences, meetings, and other activities that are appropriate to the functions of the District.

The Chancellor shall establish procedures regarding the attendance of other employees at conferences, meetings, or activities. The procedures shall include authorized expenses, advance of funds, and reimbursement.

International Travel

The Board of Trustees recognizes that there is an occasional need for international travel to advance the purpose of the District. Staff members employed within the Office of International Students and the campus abroad programs at Foothill-De Anza Community College District who are performing their regularly assigned duties requiring international travel are not required to obtain advance approval for travel. In all other cases, international travel must be approved in advance by the Chancellor. The Chancellor shall submit a report to the Board of Trustees of all international travel approved under this policy.

See Administrative Procedure 7400 Employee Travel

See Board Policy 2735 Board of Trustees Travel

Adopted 12/14/60

Amended 8/29/94, 11/18/96, 8/16/99

Amended and renumbered (formerly BP 3152, 4170, 4176) 2/5/18, 2/3/25

Determination of residency status and assessment of non-resident tuition rates shall be made in accordance with applicable state law and regulations.

See Administrative Procedure 5005 Residency Requirements

Approved 1/4/99

The District shall admit students who meet one of the following requirements and who are capable of profiting from the instruction offered: