The Chancellor’s Office view on compliance with executive orders

At the last ASCSU plenary, I asked Executive Vice Chancellor Blanchard* what would happen if a campus refused to comply with an executive order so that I could respond accurately if am asked during Senate deliberations.

Here is the email he sent to the ASCSU in response. Obviously, caveat lector:

Decisions regarding curricula and required general education courses are specifically excluded from the scope of representation under HEERA, so implementing a change to general education requirements does not give CFA standing to claim a violation of the collective bargaining agreement. The Board of Trustees maintains the power to establish curricula, and may authorize a campus to establish curricula (Ed. Code 40100). The Board has delegated to the Chancellor the authority to establish and oversee all academic programs and issue degrees (BOT Standing Orders). Although we frequently consult with the Academic Senate CSU and the campuses on curriculum issues, there is no requirement to obtain the approval of the Senate prior to implementing changes to general education requirements. Nevertheless, in this case, ASCSU and Academic Affairs Division agreed to the consultation process that was carried out for EO 1100.

Loren J. Blanchard, Ph.D.
Executive Vice Chancellor
Academic and Student Affairs

For context, a correspondent from the CO sets out their thinking a bit more:

Title 5 gives the Chancellor the authority to establish policy requirements, and faculty create curricula within policy framework. This is a very separate issue from our governance practices, which do involve regular consultation with the senate on ongoing issues and especially in curricular policy development. A strong relationship between Dr. Blanchard and the senate resulted in an agreed-upon consultation process this past March, which you can see in the enclosed memo [ 17-03-15 LJB to C. Miller re EO1100 Memo-1] and in the Chair’s report

In fairness to EVC Blanchard, it is true that they did engage in consultation with members of the ASCSU during the summer prior to issuing the executive orders. Here’s Chair Miller’s report which discusses this:

Thus it is not fair to say that there was no consultation; the appropriate charge is that it was insufficient. Indeed, during the Plenary EVC Blanchard himself said something to the effect that the exigencies of the situation necessitated moving forward with less consultation than he would’ve liked.**

* His position is analogous to the Provost of the CSU system.

** I won’t speculate on what these perceived exigencies were since I don’t have any direct evidence to proffer.