Committee will monitor legislation at both the federal and state level.
Whereas, The United States Constitution guarantees all persons living in the United States fundamental rights including freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection to any person; equality before the law and the presumption of innocence; access to counsel in judicial proceedings; and a fair, speedy and public trial;
Whereas, The USA Patriot Act contradicts fundamental Constitutional rights;
Whereas, Examples of the provisions in the USA Patriot Act that violate the Constitution and the civil rights and civil liberties of students, faculty and staff of the California Community Colleges include:
Giving law enforcement expanded authority to obtain library records and prohibiting librarians from informing patrons of monitoring or information requests;
Significantly expanding the government's ability to access sensitive medical, mental health, financial and educational records about individuals; and
Reducing the burden of proof required to conduct secret searches and telephone and Internet surveillance;
and
Whereas, The USA Patriot Act expands the authority of the federal government to investigate citizens and non-citizens in a manner which will increase the likelihood that the activities of library users at California community colleges, including the borrowing of library materials and the use of computers to browse the Internet, may be under government surveillance without their knowledge;
Resolved, That the Academic Senate for California Community Colleges support legislation which would repeal those provisions in the USA Patriot Act that may violate the Constitution and the civil rights and civil liberties of community college faculty, staff and students; and
Resolved, That the Academic Senate for California Community Colleges oppose any legislative or administrative action that would strengthen government's ability to conduct secret searches and surveillance of the activities of students, faculty and staff that impinge on the learning process and the performance of job duties, such as research and the exercise of free speech and assembly.MSC Disposition: Board of Governors, Consultation Council, COFO, Local Senates