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2021 CBA Article #17 Summary Report

Summary –

Article 17 previously provided a two-paragraph statement on Academic Freedom and then outlined how UPM and the District would manage the installation of surveillance devices on campus.  While the article provided a number of protections for unit members, the language was cumbersome in places and overly procedural.  The new version of Article 17 offers the same protections as before but is much leaner and slightly expanded to include greater protections for students and employees. 

Below please find a bullet point list highlighting some of the various changes/additions/deletions made to Article 17 during this round of negotiations.   Beneath those highlights, you will find a detailed rundown of every change made to the article 

  • Article 17 previously provided UPM three means for reviewing the installation of new surveillance devices on campus – a standard review process, an expedited review process, and a non-expedited review process, each with different timelines and involving different layers of the campus organizational structure. The new contract language is leaner and only provides for one review process.  The new process is nearly identical to the expedited process outlined in the current contract.

  • In the previous contact, Article 17 outlined UPM and the District’s mutual interests as it relates to surveillance systems on campus and then, immediately below that provided a summary of the entire article. Other articles of the contract do not state UPM and the District’s mutual interests nor do they provide summaries.  This language has been deleted.

  • Previously the District could only use surveillance devices to:
    • Protect district property; and
    • Assist in the investigation of formal complaints pursuant to Title IX (sex discrimination)

Now the District can also use surveillance devices to:

  • Protect students and employees from violence and other harm;
  • Assist in the investigation of criminal activity; and
  • Assist in the investigation of egregious misconduct under Education Code section 87732, and providing supporting evidence thereof, in personnel matters.

Specifics –

Changes: 

17.6a – Language regarding “Standard for Review” (17.7.b Prior Contract) was moved into 17.6a “Authorization”

17.6.e – Affected unit members can request all supporting documentation related to the District accessing surveillance data via the Vice President serving as the chief instructional officer.  This request was previously made to the Director of Human Resources.  

Additions (New to this Article):

17.2 – New Approved purposes for accessing the security surveillance systems were added:

  1. Protecting District students, employees, and other in the campus community from violence and other harm
  2. Assisting in the investigation of criminal activity.
  3. Assisting in the investigation of egregious misconduct under Education Code section 87732, and providing supporting evidence thereof, in personnel matters.
     

Deletions:

Academic Freedom language at the top of page one was removed.  Please see Article 2 for UPM’s updated statement on Academic Freedom.  

17.1.1 (Prior Contract) – Mutual Recognition language outlining UPM and the District’s shared interests has been removed.

17.1.1.i-iv. (Prior Contract) – Statement summarizing/highlighting the rest of the article has been removed. 

17.3.d.i (Prior Contract) – New building design review process has been removed.  UPM and the District have agreed in concept to use one review process.  The new process draws largely from the Expedited Review process outlined in the prior contract.  

17.3.d.ii.b (Prior Contract) – Non-expedited review process has been removed.  Again, UPM and the District have agreed in concept to use one review process.  The new process draws largely from the Expedited Review process outlined in the prior contract.  

17.4.c.ii (Prior Contract) – Language stating that any other use of surveillance data beyond what is outlined in this article is subject to collective bargaining has been removed.

17.6.b.ii (Prior Contract) – In-depth explanation of Education Code 87332 regarding egregious misconduct has been removed. 

17.7.c.i (Prior Contract) – Definition of emergencies has been removed. 

17.8 (Prior Contract) – Language stating that anything outside of the scope of this article is subject to collective bargaining has been removed.  

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