1. Observations of the employee at work were made on (Dates) March 15. July 17. July 20. July 24. July 27, July 31. Auqust 8, Auqust 11 . and Auqust 22. 2006

Response:  Above it was stated that I was observed on Wed.  Mar. 15, 2006.   At that time,  I was teaching in room K302,  with the classroom door closed, and no administrator was inside the classroom.  On the other dates, observation would have had to been of my website, as I was teaching online during the second summer session held  Mon July 17 to Sat Aug 19.   I would have been in the classroom on Tues Aug 22 and Chairperson Richard Sherer did come into the classroom.  Though the session was finished,  I continued to come in to work with small groups of students in room K302,  (1) on building a web page for the start-up Internet and Computer Club (1a),  (2) assisting a student with hooking up with Pay-Pay for a subscription service he was trying to launch,  and (3) allow other students to check their email and work on the web.    The 3rd group was admittedly a problem (discussed later), and admittedly and there was a discussion about having any student-not-enrolled-in-that-scheduled class being in the classroom,  which Chairman Sherer was correct about.

(1a)  I have several emails prior to that period discussing starting the Internet and Computer Club, which can be provided.  (2a)  I worked with a former student,  BR, on his business website (proof available).

2. Conferences with this employee were held on (Dates) Via Email (note: Joseph Auciello tauqht online durinq this time period) March 15. Julv 24. July 27. Auqust 8. Auqust 11 and conference was attempted on Julv 31 sl in a meetinq called by President Harris in which Josegh Auciello was absent

Response:  Above it was stated that conferences were held via Email on March 15, July 24, July 27, Aug 8, and Aug 11.

There was no email sent,  i.e., conferences by emails held,  on March 15,   Aug 8,  and Aug 11;   emails were sent on July 24 and July 27.  The above statement is not entirely correct.  

3. The services ofthis employee are considered to be unsatisfactory during the period indicated for the following causes. (See reverse side for appropriate causes.)
1) Persistent violation of or refusal to obey state laws and rules of the LACCD governing board.
2) Unprofessional conduct - refusal to obey requests and directives of department chair, deans, and other

4. The following charges support the above cause(s) (Attach additional sheets if necessary).
1) On July 24,2006, Dean Arzamsa emailed Joseph Auciello in response to complaints from online students
regarding the violation of their privacy on his course website (e.g., students' email, grades, etc. were posted on the website). In the email, Dean Arzamsa stated "you need to immediately take the name of the students (and any
. other identifiers) and their grades off of your website and stop offering extra points to the students' for any non- classroom activities. Please inform me of your corrective actions". In Dean Azarmsa's email he also stated "A student's grade, when displayed alongside that student's name, is considered personally identifiable student information under federal and state law as well as our own Board Rules, and we cannot release or display such information without the student's written consent. The rosters should be taken down."

2) On July 27, 2006, Dean Arzamsa emailed Joseph Auciello because his course website still contained student information and indicated "Despite the directive on July 24, 2006, regarding the immediate removal of the students' name and their grades from your website and, your assurance on July 24, 2006; your website has not changed. I checked your website today and did not notice any change; students' name and their grades still were posted on your website. At this time, I am formally turning this matter to.the Campus Compliance Officer, Dr. Letia Royal for further action."

3) As of August 22, 2006 - student-identifying information is still evident on Joseph Auciello's course website.

4) On July 24, 2006 an email was sent from Department Chair Sherer to Joseph Auciello regarding unauthorized usage of classroom/lab facilities. In the email, Chair Sherer states "From today, you are not to use any laboratory facilities without departmental authorization in advance. If you wish to use a lab for your summer session II on-line classes, provide justification and request specific dates and times from the department."
Ihis was in response to incidents on July 17, 2006 in which Professor Auciello took over a classroom that was currently being used and previously scheduled for Instructor Ms. Kapaku and again on July 20, 2006 when a computer lab technician reported that Joseph Auciello had, without approval from the department chair, opened a computer lab for individuals and then left them unsupervised in the room. These individuals included students who are not enrolled at the college.
S) On July
27, 2006 - despite Department Chair Sherer's email directive on July 24th (above), Professor Auciello continued to use laboratory facilities without authorization. In an em ail on July, 2ih, Chair Sherer again directed
Joseph Auciello to request authorization from the chair for use of instructional facilities as follows: "You are in
direct violation of the directive you were sent on 24 July 2006, "Computer Lab Usaqe". (As you will recall, it was

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your previous unauthorized use of laboratory resources that necessitated that directive.) This morning, on z: """:i 2006, without permission, you again gained access to a computer lab that you are not authorized to use aOO allowed use of the facility by others. Further, you were not even present in the lab when I observed this but permitted the unsupervised use of the computers while you were in your office."

6) On August 8, 2006, Joseph Auciello went to Bill Gasper and Sinda McKinney requesting use of facilities
without consulting with the department chair, as he was previously directed to do.

7) On March 15, 2006 - Dean Azarmsa sent Joseph Auciello an email directing him to consult with and receive approval from Dean Barajas and his department chair prior to visiting local schools and requesting classes. In Dean Azarmsa's email he states, "While I appreciate your enthusiasm for teaching, I have to reiterate that connecting with high school and teaching courses at high school should, in addition to your Department, be consulted and approved by Leticia Barajas, Dean of Academic Affairs, as mentioned to you by the President, too. You seem overlooking the policy and the procedure and making it hard to assist you. Your first stop is your Department Chair. Once you are clear to teach, then we move to the next step."
8) On July 31st, a meeting was scheduled with Joseph Auciello by President Harris to discuss the roles and responsibilities of the department chair, administrators, and appropriate protocol at the college. This meeting included Chair Sherer, Dean Azarmsa, and Vice President Drummond. Joseph Auciello did not attend the meeting. As a result, Vice President Drummond emailed Joseph Auciello reiterating the roles, responsibilites, and authority of the Chair, Dean, and others. In that email Vice President Drummond stated "In particular the issLies of the past two weeks, with your course website (e.g., the posting of grades with information that identifies students) and the use of the lab facilities without approval of the department chair, are issues that were in violation of college/district rules and state and federal law. As such, the department chair and dean exercised their appropriate authority when making decisions and directing you to cease such activities. As such, I did not respond to emaHs, phone calls, or references of the lab issue by the Vice President of Student Services"... "Therefore, I request that you address your requests and concerns to your department chair and decisions by the department chair will be upheld. In addition, I request that you refrain from sending or cc'ing emaHs to the president and me on departmental issues/correspondence because it does not follow the protocol outlined above, as a result, we will not respond to such emails"..."This protocol and handling of such matters ensures that departments can be managed efficiently, effectively, and collegially by the department chair and enables the dean, vice presidents, and president to attend to administrative matters."

9) On August 17, 2006, Associate Dean Dorothy Smith emailed President Chapdelaine in response to concerns by an administrator at Fremont High School about Joseph Auciello's visitations and behavior at their school. Dorothy Smith relayed that the school administrator, "Ms. Simone wanted me to speak to him (Joseph Auciello) about aggressively coming on campus and meeting with her staff without her approval. I spoke to him, but he made a visit on
8/11/06." Thus Joseph Auciello did not comply with Dean Azarma's directive not to visit schools without prior consultation/approval by his department chair and Dean Barajas and did not heed Associate Dean Smith's or Ms. Simone's request that he not visit Fremont without prior approval.

5. The following suggestions have been made to help this employee improve: (Use additional sheet if necessary.)
1) Follow department policy regarding facility utilization and board policy on attendance of non-registered individuals. 2) Follow the protocol for handling departmental matters that was outlined in Vice President Drummond's emaH on July 31,2006.
3) Immediately bring course website into compliance with regulations and practices that protect students' rights to
privacy or remove website. .
4) Immediately comply with directives of the department chair, dean, vice president, or other college administrators. Lack of adherence to such directives will be considered insubordination / unprofessional conduct.