Kern Community College District recognizes that it is critical to encourage the free
exchange of ideas, as witnessing different perspectives leads to a full and open discussion
of ideas, thus enhancing teaching and learning for all. As a District, we create an
environment that provides our diverse students and communities with the opportunity
to professionally engage with new ideas.
An individual right that allows for private citizens to freely share their views guaranteed
by the First Amendment.
The right of faculty in their scholarship and teaching to exchange ideas and challenge
the ideas of others without fear of retribution.
The mission of the Kern Community College District is to provide outstanding educational
programs and services that are responsive to our diverse students and communities.
Our communities are made stronger by our successful students, faculty and staff.
Kern CCD, as shown in the Board policies and the code of ethics, is fully committed to fostering a diverse, inclusive, and safe environment for our
students, faculty, staff, alumni, and other campus visitors. We value the inherent
dignity of all involved even when beliefs of a person or group are different from
our own.
Freedom of expression is not absolute of course. All members of the Kern CCD community
have the responsibility for maintaining a climate of mutual respect so that ideas
can be freely shared and discussed, even when there is disagreement. Personnel attacks
or criticism of an individual’s personal qualities are never permitted.
Frequently Asked Questions
Freedom of speech is an individual right that allows for private citizens to freely
share their views guaranteed by the First Amendment of the U.S. Constitution without
interference or retaliation from the government. We encourage the free exchange of
ideas because we know it leads to a better understanding of the world and cultivates
a living and learning community where all feel respected and valued.
Academic freedom enables both students and faculty generally the right to express
their views in speech, writing, and through electronic communication without fear
of sanction. The District recognizes the right of a faculty member to be free from
improper censorship or restraint which interferes with the faculty member's commitment
to research and teaching.
The phrase “freedom of expression” is widely used to describe the right afforded to
private citizens by the First Amendment. However, freedom of expression entails more
than verbal speech. For example, freedom of expression can be used to describe artwork,
performances, clothing, and other manners in which a private citizen may express themselves.
Freedom of expression does not mean that the right is unfettered. The District may
restrict expression that impedes the rights of others in our community, for example
defamation, threats, harassment, or invasion of privacy.
We expect all expressions of content to be conducted in a respectful manner and members
of our community should participate in an atmosphere of mutual respect that treats
everyone with dignity, even when the values or beliefs of a person or group are different
from one’s own.
Discussion of public issues plays a significant role in promoting the education of
its students, and as such, guests are permitted to speak on the college campuses in
accordance with principles and regulations which are clearly defined in our policies.
Additionally, political fundraising events are not permitted on any KCCD campus.
In the past, our colleges have been visited by a variety of speakers with diverse
viewpoints, such as Dr. James Lindsay, Rev. James Lawson, Evan Austin, Dr. Eddie R.
Cole and Dr. Moogega Coope.
Students and faculty are permitted to create recognized clubs and groups on their
respective campus and are required to follow the policies set forth by each college.
Student clubs and organizations will be supervised by an advisor and establish aims
which are educational and compatible with college and/or community interest.
Our colleges (Bakersfield College, Porterville College, Cerro Coso Community College) have a variety of organizations on campuses including the Criminology Club, The
Renegade Institute for Liberty, American Chemical Society, Ethics Bowl Club, Engineering
Club, Student Veteran Organization, Computer and Technology Exploration Club, and
Garden Club.
The District takes seriously allegations of students or faculty violating District
protocol. Thefaculty contract notes the specific process to address a faculty member accused of breaking the policies.
We believe that the Statement of Principles on Academic Freedom and Tenure from the American Association of University Professors (AAUP) clearly defines that
faculty is allotted academic freedom, but must abide by their professional duties
and legal requirements. Students are bound to follow the protocols set in thecode of conductwhich provides the discipline process for students.
The safety of students, faculty and community members on campus is a top priority
for the District. Each college’s annual Clery Report includes campus crime data, provides
support victims of violence, and publicly outlines the policies and procedures they
have put into place to improve campus safety and can be found on respective websites
(Bakersfield College,Cerro Coso Community College, Porterville College).
Faculty, staff, and students concerned about safety can submit a KCCD Public Safety Incident Reporting Form so that their concern can be addressed. Additionally, If you feel unsafe on a respective
campus, please visit the resources below.
In most cases, no. The District believes in academic freedom and that faculty research
and commentary should not be subject to review or sanction. That being said, freedom
of expression is not unfettered. KCCD may restrict expression that impedes the rights
of others in our community, for example defamation, threats, harassment, or invasion
of privacy.
Faculty is governed by the Education Code, and the bargained and agreed upon faculty
contract. Generally, the process for discipline follows multiple steps where faculty
is warned of their behavior or conduct not aligning with the District’s policies and
their contract, and the District attempts a corrective action process to ensure that
faculty members are treated fairly and consistently.Faculty discipline, as well as
a faculty member’s appeal rights in such a proceeding, is governed primarily through
the California Education Code. Pages 125-128 of the faculty contract contain specifics regarding the process for disciplinary actions, and California
Education Code Sections §76031 and §76037.
There have been two lawsuits filed against the District that allege First Amendment
violations. KCCD does not litigate these issues in the public sphere, however, the
District denies the allegations and has filed motions to dismiss both lawsuits.
District & College Resources
Board of Trustees Policies
As seen below, woven into the Board of Trustees policies academic freedom, freedom
of expression and freedom of speech are key focuses.
"The District is an institution of higher education and especially values a spirit
of free inquiry and free speech. The District encourages the expression of a range
of points of view, but we expect all expressions of content to be conducted in a manner
respectful of persons. The District nurtures an atmosphere of mutual respect by treating
everyone with dignity, even when the values, beliefs, or behavior of a person or group
is different from our own. The District recognizes this foundation of mutual respect
to be the basis of civil discourse in an academic environment."
The Colleges of the District are non-public forums, except for those areas that are
designated public forums available for the exercise of expression by students, employees,
and members of the public. The Chancellor or designee 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.
"Academic freedom enables both students and faculty the right to express their views
in speech. writing, and through electronic communication without fear of sanction.
The District recognizes the right of a faculty member to be free from censorship or
restraint which interferes with the faculty member's commitment to pursue truth and
maintain intellectual integrity."
Terms of Use
As seen below, the District’s Terms of Use for electronic resources highlight how
academic freedom, freedom of expression and freedom of speech are key focuses.
"The Kern Community College District upholds the principles of academic freedom and
shared governance, freedom of speech, and privacy in the use of electronics resources
by our students, faculty, and staff, consistent with college and district policies."
As seen below, the faculty’s contract is clear in its intention to focus on academic
freedom, freedom of expression and freedom of speech.
Academic Freedom (Article 4A)
"Faculty members shall be free to exercise academic freedom, including freedom of investigation, freedom of discussion in the classroom, freedom to select texts and
other instructional materials, freedom of assignment of instructional exercises, and freedom
of evaluation of student efforts."
"The District recognizes the fundamental right of the faculty member to be free from
any censorship or restraint which might interfere with the faculty member's obligation
to pursue truth and maintain his/her intellectual integrity in the performance of his/her teaching functions."
Through the below governance policy, mission and values, Bakersfield College makes
it clear that academic freedom, freedom of expression and freedom of speech are key
focuses of the College.
BC Shared Governance, which empowers individuals on the campus to shape policy, regardless
of status.
We foster curiosity, inquiry, critical thinking, and creativity within a safe and
rigorous academic environment so that we might be empowered to radically transform
our community into one that gives voice and power to all people.
Integrity
We continue to develop and follow an ethical and moral consciousness which places
the collective wellbeing and health above the self; this principled environment allows
for open, constructive conversations and teaches us to trust each other’s vision so
that we will be useful and effective in providing support, resources, and encouragement.
Through the below mission and guiding principles, Cerro Coso Community College makes
it clear that academic freedom, freedom of expression and freedom of speech are key
focuses of the College.
We commit to equitable access to higher education for all. We value diversity and
demand that our campus and classroom atmosphere, curriculum, and programs intentionally
foster inclusivity. We recognize that the individual differences of each student,
faculty and staff member contribute to the ability of the college to prepare students
on their educational journeys in an increasingly diverse and globalized world.
Through the below mission and values, Porterville College makes it clear that academic
freedom, freedom of expression and freedom of speech are key focuses of the College.
With students as our focus, Porterville College provides our diverse local communities
quality education that promotes intellectual curiosity, personal growth, and lifelong
learning, while preparing students for career and academic success.
