Dear Colleagues: 2018 is off to a great start! Another exciting year is ahead of us to make a positive difference in the lives of our students. I want to wish you and your family a successful New Year filled with health, peace, and happiness. As we enter the spring semester, let us continue focusing on our Districtwide Mission “to meet the diverse educational and workforce needs of our community by empowering our students to become agents for socioeconomic change.” I am looking forward to building on our successes from 2017 for another great year for the District and our colleges in 2018, and I know with hard work from faculty and staff throughout the District and the Board’s leadership, we will indeed have another outstanding year. Between the sale of our Measure X bonds, new construction on our campuses, continued implementation of Guided Pathways, our expanding San José Promise from 500 students to 1,000 students beginning fall 2018, and so much more, we have a lot to look forward to. I am pleased to share with you some of our recent highlights from January.

I am very happy to announce that we have completed the third and final phase of making good on our “Broken Promise” to nearly 400 SJCC ALMASS and EVC OASISS students who had outstanding debts with the District dating back to a pledge made years ago to these students that the District would cover the cost of their tuition and fees. Unfortunately, after a change in administration, the forgiveness of their tuition and fees did not continue while the students did continue to enroll in classes and utilize the services offered to them. As a result, this group of students had a combined debt of nearly $200,000 that was outstanding. Upon learning of this last fall, it became a top priority of mine to have their balances eliminated, as it was affecting these students’ ability to access transcripts and in some cases transfer to universities. This had a negative impact on these students’ lives and also reflected poorly on the District and resulted in damaged trust in the community. By utilizing Foundation funds from our Follett Bookstore commissions, we have been paying off these outstanding balances and just this week were able to wipe the slate clean for the final 27 affected students. Initially we anticipated this work would take at least six months to complete, but due to the combined efforts of many, we were able to finish it in only about four months. I want to thank Dr. William Watson and Lauri Adachi at the Foundation for their work and support toward this goal, as well as Executive Director Rosalie Ledesma and Michelle Marcelo, our San Jose Promise Coordinator, for ensuring that this task was completed. This has required a lot of work and resources, but has been well worth it to ensure that the pledge that was made to these students years ago was finally fulfilled.

In late January, our SJECCD team of President Breland, President Aytch, Executive Director Rosalie

Ledesma, consultant Manny Diaz and myself attended the 2018 CCLC Annual Legislative Conference and

met exclusively with a number of legislators and staffers at the State Capitol.

Thanks to the work of our consultant, Manny Diaz, our District was scheduled with the following

legislators: Senator Jim Beall (SB 1 Transit bill); Assembly members Jose Medina, Chair of the Assembly

Higher Ed Committee; Ash Kalra (author of AB 21 to protect immigrants); Chris Holden, Chair of Utilities

and Energy Committee (AB 17 transit pass bill for low income students); Patrick O’Donnell, Chair of the

Assembly Education Committee; Miguel Santiago (author of AB 19: College Promise) and Kansen Chu

(Select Committee on Improving Transportation Systems). We met directly with the first 3 legislators,

but then were re-routed to meet with staffers of the last group of legislators since committee hearings

were unexpectedly drawn out past the lunch hour.

SJECCD’s meetings with legislators/staffers allowed our team to share our updated College Fast Facts,

our support for DACA and other undocumented students (to which all legislators were already “on

board” with support), our San Jose Promise program and it’s relation to AB 19 and also ask about bills

that legislators are planning to introduce in this session. As is typical, the vast majority of bills are

introduced in the week or days before the Feb 16th deadline, thus we were privy to this bill information

beforehand.

The legislators and their staffers were very interested in our Promise program and other programs we

were able to highlight in our meetings. We invited them to tour our campuses and meet with students,

to which each was very excited about doing in the fall (the period with which their schedules allow

visits). Executive Director Ledesma will be following up to secure these visits and will be sure to

communicate these fall dates with Trustees should they be interested in joining.

The work of implementing Guided Pathways on our campuses continues this month with Rob Johnstone and his team from the National Center for Inquiry & Improvement (NCII) making another visit to our campuses. They spent full days on Feb. 6 at EVC and Feb. 7 at SJCC. At SJCC, Dr. Johnstone highlighted key milestones in developing Guided Pathways. Faculty and staff members gained insight on how to develop meta majors. A meta major is a grouping of related fields of study designed to simplify the process of selecting a major. They serve as a starting point for students and ensure their general education units are intentionally laid out. Additionally, Dr. Johnstone shared key findings and strengths that his team has identified based on the campus-wide interviews he conducted during his last visit in December, at which time more than 50 faculty, staff, and students were interviewed. At EVC meetings were scheduled between the NCII team and President Aytch and the Guided Pathway Core Team, two campus presentations, a work group meeting, presentation to Academic Senate, and a debrief at the end of the day with the President and Core Team once again. All of these meetings were designed to keep the campus informed of this work and keep EVC on track with implementation. These

activities are major steps in our continued progress toward implementation. I want to thank Presidents Aytch and Breland for the work their campuses are doing.

The new Math, Science, and Social Science (MS3) Building at EVC has been certified as LEED Platinum, the highest designation for energy and resource-efficient buildings. Vice President Andrea Alexander provided the following information, which will be shared throughout campus: Overview The Math/Science/Social Science building (MS3) and new Fitness Center at Evergreen Valley College were formally certified as LEED Platinum in January 2018. This designation is the highest awarded by the U.S. Green Building Council. It recognizes the exceptional sustainability features incorporated into each project. The designation affirms the design features utilized to maximize the sustainability of site development, water and energy use, material selection, and indoor environmental quality. Details What is LEED? The LEED certification program is an acronym for Leadership in Energy and Environmental Design. This is a third-party program to verify whether a building is environmentally sustainable. This program is managed by a non-profit organization called the U.S. Green Building Council (USGBC). The mission of the USGBC is “to transform the way buildings and communities are designed, built and operated” by promoting environmentally responsible and sustainably developed (“green”) buildings. The LEED certification program defines what a green building is by establishing a common standard of measurement recognizing six important areas: sustainable site development; water efficiency; energy efficiency; material selection; indoor environmental quality, and innovation/design process.

There is a lot of exciting work taking place at the District Foundation! The Foundation kicked off the New

Year with a $100,000 donation from an anonymous donor to support San José Promise student

scholarships. I had the pleasure of joining Dr. William Watson and Lauri Adachi, the District’s

Institutional Advancement Officer, to present each college with $50,000 to support their respective

Promise programs at Professional Development Day on Friday, January 26th.

This gift truly illustrates that information regarding the great work we are doing in support of our students and community is getting out there and being well-received. Often gifts of this nature take tremendous time and relationship building, and the fact that the donor thinks highly enough of our District, colleges, and Foundation to reach out to us with an anonymous gift speaks volumes about the work we are doing.

The Foundation is also in the process of finalizing a comprehensive strategic plan, one that is inspired by

the work of our colleges and the passion of our students. The plan is designed to put us on a sustainable

path to growing a culture of philanthropy. The Top Fundraising Priorities for 2018 have been identified

as follows:

Eight Advancement Priorities for 2018

1. Launch a vibrant donor relations and stewardship program to guarantee that our donors feel connected and involved.

2. Engage individual donors through a special recognition society that commits $1,200 to $10,000

a year.

3. Engage the corporate community through a series of Industry Roundtables.

4. Host a series of special dinners to cultivate individual investors in our mission.

5. Continue to build upon our #GivingTuesday campaign.

6. Launch our first annual giving campaign.

7. Update and clean our alumni database.

8. Create an engagement campaign to reconnect with alumni and build pride.

Our FlexFactor advanced manufacturing partnership with NextFlex was featured in the December/January edition of the Community College Journal, which is published six times each year by the American Association of Community Colleges. It is great to have our program featured in a publication that is read by so many educators throughout the nation. I want to thank Ryan Brown for his work in securing this feature as well as VP Lena Tran, Brynt Parmeter from NextFlex, and the FlexFactor students that participated in the interview with the reporter. The article can be found at the link the below: http://www.ccjournal-digital.com/ccjournal/20171201?pg=23#pg23

With ongoing concerns about immigration-related enforcement activity by federal agencies in the Bay Area, we are taking steps to ensure that our campus communities—students, faculty, and staff—are aware of their rights and how to respond should ICE agents come onto our campuses. It’s important for all of us to be aware of our rights and responsibilities in this regard. I feel fortunate to work in a District and community that so strongly supports all members of our community, regardless of immigration status, and I appreciate that the tone set on our campuses comes straight from the strong leadership of the Board of Trustees on these issues, and our Values of Opportunity, Equity, and Social Justice. Copied below is the text of an FAQ sheet that was prepared with the assistance of legal counsel and our public information office for dissemination throughout our campuses: Does ICE seek to enforce immigration law on college campuses?

Under a 2011 policy memorandum, ICE policy excludes enforcement of immigration policies at “sensitive locations,” which include schools, hospitals, and churches, among other places, unless (a) exigent circumstances exist; (b) other law enforcement actions have led officers to a sensitive location; or (c) ICE officers have prior approval from specific supervisors. Similar to DACA, the new administration can change the policies that recognize schools as sensitive locations where immigration enforcement activities are generally avoided. Thus, schools and colleges are awaiting further guidance and developments regarding immigration enforcement policies on campus.

Does the district need to comply with privacy laws in responding to subpoenas, warrants or requests for information from ICE or other federal agencies?

Yes, the district must comply with privacy laws in responding to requests for non-public information about specific individuals, such as social security numbers, medical information, and residency information. The District cannot release such information without the individual’s consent unless it is required to do so by law, pursuant to a subpoena, warrant or court order.

These protections apply to all employees and students.

With regard to students, the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (“FERPA”) and the California Education Code provide that education records are not subject to disclosure, unless a specific exception applies. However, even if a request seeks directory information, the institution is not required to disclose information. (34 C.F.R. § 99.31(d). The same is true of the Education Code protections, which are structured in most ways to mirror FERPA. (See Cal. Educ. Code 76243(a) [access “may” be permitted if exception applies].)

What do we do if an immigration officer comes to my class room looking for one of my students?

The Immigration Nationality Act (INA) (8 U.S.C. §1324), prohibits concealing, harboring, or shielding from detection unauthorized aliens. Penalties include fines, imprisonment for one year or less, or both. Attempts to block or obstruct the lawful exercise of authority by a federal immigration officer would likely be viewed as a violation of the INA.

Whether/how the District may establish protocols that federal immigration officers must follow to enter campus buildings (e.g. warrants, subpoenas, etc.) is still being evaluated and may be affected by the Executive Order signed 1/25/17 entitled “Enhancing Public Safety in the Interior of the United States.” The Order includes language authorizing the Secretary of Homeland Security to sanction jurisdictions he designates as “sanctuary jurisdictions” and to withhold federal grants from jurisdictions that “hinder” immigration enforcement. Our legal counsel Liebert Cassidy Whitmore has already prepared a brief legal alert on the 1/25/17 Executive Order, and it is attached.

What if we are “raided” by an immigration sweep?

So long as the action of immigration officers falls within the lawful exercise of their authority to enforce the INA, efforts to impede them will likely be unlawful. Again, the District is evaluating what parameters it may lawfully set—which is difficult given the changing landscape.

Does immigration officers need a warrant to come onto campus and into my classroom?

It depends. First, many parts of community college campuses are open and public spaces. We do not think a warrant is required to enter such spaces, or just to come onto a community college campus. In contrast, a warrant would be required to search a private office, in an instance where a warrant would otherwise be required.

As to classrooms, the answer is less clear. However, we think that more likely than not a classroom at a public community college district would not be viewed as a space where there is the “reasonable expectation of privacy” necessary to require a warrant, just to enter the room to look for a person of interest. Searching the contents of a room (file drawers, desks, etc. in would require a different analysis.) Further, any assertion that a warrant is required to enter a classroom will have to be made by the District. Individual instructors do not have the authority to require a warrant for a law enforcement official to enter a classroom.

Are my students safe?

It depends on what is meant by “safe”. We think our campuses are physically safe places and that students enjoy a high degree of safety from violence on campus.

If this refers to students’ feeling “safe” from harassment or xenophobia, creating a campus culture of respect is an on-going process. We all need to work together to encourage and support empathy, curiosity and compassion through training and engaging students.

If this refers to safety of undocumented students from deportation, it is unclear to what extent the new administration will target students. The 1/25/17 Order removes the prioritization process that might have shielded students to some extent, and a new Executive Order on DACA is expected to be released shortly. We will know more after that Order is released.

What does “sanctuary” statues mean and does it protect us?

After the 1/25/17 Executive Order “sanctuary” has 2 meanings.

Its original meaning refers to a jurisdiction that does not inquire about documentation status in order to encourage undocumented individuals to report crime and seek needed services without fear. It also refers to a range of policies or practices a jurisdiction may choose to implement that are designed to provide supports to undocumented persons. It is not a legal definition and self- identifying as a “sanctuary” jurisdiction provides no legal protections for undocumented individuals.

The 1/25/17 Executive Order characterizes sanctuary jurisdictions as those that willfully refuse to comply with Section 1373 of the INA. Section 1373 provides that federal, state, and local government entities may not prohibit or restrict any government entity or official from sending (or receiving) information regarding the citizenship or immigration status of any individual to the Immigration and Naturalization Service. The Order also authorizes the Secretary to designate a jurisdiction as a “sanctuary jurisdiction,” subjecting it to sanctions for violation of Section 1373.

What is the role of our campus Police forces play in all of this?

Generally, local law enforcement agencies cannot be required to devote resources to the enforcement of federal immigration law or act as immigration officers. However, local law enforcement agencies are authorized to enter into cooperative agreements with immigration enforcement officials pursuant to section 287(g) of the INA. District police have entered into no such cooperative agreement and do not act to enforce federal immigration law.

The 1/25/17 Order commands the Secretary of Homeland Security to engage with state governors and “local officials” for the purpose of entering into agreements empowering local law enforcement agencies to act as immigration officers pursuant to section 287(g). Thus, it is possible that community college districts could be approached by the Secretary to establish cooperative agreements. It is unclear whether a refusal to enter such an agreement could subject a local agency to sanctions.

Additionally, whether or not campus police enter into cooperative agreements, it is important to flag that community colleges are required to enter into mutual aid agreements with local law enforcement agencies under California Education Code, § 67381 (The Kristin Smart Campus Safety Act.) The 1/25/17 Order signals an intent to increase, to the fullest extent possible under the law, the ability of local law enforcement to, “perform the functions of immigration

officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary.” Thus, it appears likely that the Secretary will approach local law enforcement agencies with whom SJECCD has mutual aid agreements. It remains to be seen whether modifying District mutual aid agreements to limit local police from performing these functions on college campuses will be seen as “hindering” the enforcement of federal law in violation of the Executive Order and risk loss of federal funding.

The Nursing Simulation Laboratory previously located in the Workforce Institute on campus at SJCC has been relocated to EVC where it will be available for student use beginning this spring. This will be a great benefit for the Nursing program and students at EVC, who will no longer need to drive back and forth for training. I want to thank President Aytch and his team, William Watson and the Workforce Institute staff, and faculty and staff in the EVC Nursing Department who have all worked hard to ensure this project was complete in time for spring term. While the equipment has been relocated, the dedicated space remains available for use at SJCC, which can use Measure X funds to order new equipment if maintaining a Sim Lab is a priority for the college.

Vice Chancellor Doug Smith and I had the opportunity during the week of January 15 to attend the Annual Workshop on the Governor’s Proposed Budget in Sacramento organized by the Association of California Community College Administrators and the Association of Chief Business Officials. Of particular interest to the State’s community colleges are budget initiatives that include a new funding formula for general apportionments and an online California community college. The Governor’s proposed new funding formula is being called a “Student-Focused Funding Formula,” and has a proposed $175 million. The proposed formula is composed of 50 percent base grant funding based on FTES enrollment, which is essentially the same as the current general apportionment calculation. Supplemental grant funding would comprise 25 percent of the budget, and would be based on the number of low-income students being served (this is defined as those who receive a College Promise Grant, formerly the Board of Governor’s Grant) fee waiver or Pell Grant. The remaining 25 percent would be funding through a Student Success Incentive Grant based on the number of degrees and certificates granted and the number of students completing them in three years or less, with additional funds for each Associate Degree for Transfer granted. There is also a proposal to require every college to incorporate the goals of the Chancellor’s Office Vision for Success into their educational master plans and align the college budgets with that plan. There is a proposed hold-harmless provision that ensures no district receives less funding in 2018-2019 than is allocated through the general apportionment for 2017-2018. This would constitute a major change to the way the State’s community colleges are funded, and while we would not be affected to the same degree as apportionment Districts due to our status as a Basic Aid district, it is important to understand changes that are taking place at the state level. It also is worth noting that our Resource Allocation Model Taskforce has been having similar discussions about the portion of our resource allocation that we are proposing be incentive-based in order to drive innovation

and student success. It is my hope that seeing this discussion taking place at the state level will help us to finalize our model as well.

Our search for the next President of EVC is well underway, with the job announcement posted on our job opportunities website (https://sjeccd.hiretouch.com/job-details?jobID=1385&job=college-president-evergreen-valley-college), and advertisements running in higher education publications and websites. We also created a brochure which has been posted online and printed for distribution (http://www.evc.edu/Documents/Evergreen_Valley_College_President_Search_Brochure_01.12.18.pdf) Following please see a page detailing issues that have been addressed on each website. The relatively

low percentages shown for “overall accessibility” will be fixed once we address the outstanding color

contrast issue, which is being worked on currently.

We have recently completed the long-awaited replacement of all automated parking pay stations on our campuses. The new stations allow us to automate parking permit distribution and give the colleges more autonomy in their distribution of permits. They officially go online the week of February 5. The machines allow the colleges to provide coupon codes, which can be used to obtain a daily parking permit. This should make the process of providing visitor and event parking much less time consuming and seamless. A few changes of note that come with these new machines:

Requests for waived parking for either sporting or special events will now require pre-approval

from the President of each respective college, in accordance with AP 6750.

Staff parking permits from all other colleges and universities will now be honored by the

SJECCD. They must however park in student lots, unless pre-approved by Police Services or the

College Presidents to park in staff lots.

Prepaid parking for Facility Rentals must be coordinated via District Police to ensure proper

budget transfers have transpired.

Parking will be waived the week before the first day of instruction and the first week of

instruction for the spring, summer and fall semesters.

I want to thank Vice Chancellor Smith and his team, particularly District Police Chief Tom Morales, for

this work, which should help us to generate revenue while reducing staff time spent on parking and

making it easier for students and visitors to obtain permits.

Have a Great Spring Semester and a Wonderful New Year!