MINUTES OF THE MEETING OF THE BOARD OF GOVERNORS: JANUARY 28, 1999

As approved at the March 25, 1999, meeting of the Board of Governors. The "in camera" portion of the minutes have not been included. Copies of Appendices not included herein are available from the University Secretariat, Room 290, Stevenson-Lawson Building.

The meeting was held at 3:30 p.m. in Room 330, Stevenson-Lawson Building

PRESENT: Mr. W.W. Peel, Chair, Ms. J.K. Van Fleet, Secretary

Mr. J. Adams, Mr. S. Adams, Mr. R. Bateman, Dr. W.A. Bridger, Dr. R. Colcleugh, Dr. J.V. Collins, Dr. P. Davenport, Mr. J. Etherington, Mr. T. Garrard, Mr. W. Gibson, Mayor D. Haskett, Ms. R. Ivey Thom, Prof. M. Lennon , Dr. P.P. Mercer, Dr. G. Moran, Prof. H. Murray, Mr. M. Pickard, Mr. M. Rubinoff, Dr. J.L. Stokes, Mr. H. Taylor, Dr. A. Weedon, Ms. C .Weldon, Ms. L. Whittaker

By Invitation: R. DelMaestro, D. Riddell

BG.99-01 Welcome to New Member

Mr. Peel welcomed Mr. Joel Adams to his first Board meeting. Mr. Adams, the first runner-up in the 1998 Board elections, undergraduate constituency, will complete the term of Mr. Sam Castiglione who has resigned (to November 1999). Mr. Castiglione is no longer registered as a student at Western and is therefore ineligible to complete his term.

BG.99-02 Minutes of the Previous Meeting

The minutes of the meeting of November 26, 1998, were approved as circulated.

BG.99-03 Research Contracts & Academic Freedom [BG.98-232, BG.98-242]

At a previous Board meeting Dr. Collins had asked how Western deals with matters involving research contracts and whether there is any risk that Western's faculty members could find themselves in a predicament such as has occurred at the Toronto Hospital for Sick Children where the researcher (Dr. Olivieri) was precluded by the research contract from publishing her results. Dr. Bridger advised that Senate regulations stipulate that all research involving human subjects, including clinical trials, must pass through the UWO Research Ethics Board. As well, Western has a policy that would prevent an individual from entering into any contract that requires a perpetual confidentiality. It is not unusual for research contracts to require a delay in publication of 60-90 days. A requirement to withhold publication of results in perpetuity is against the principles of university research. If research is to be confidential forever, except in wartime it is the type of research that should be conducted in the laboratories of the sponsor, not in universities.

Dr. Bridger observed that researchers are often eager to enter into contracts and many of them may not be aware of implications of contract language. It is highly important that researchers work with the Office of Research Services to ensure that contracts are reviewed by the legal staff so that potentially troublesome issues may be resolved prior to signing. Researchers who sign contracts without this assistance do so at their own risk because there is no institutional support in such things as liability insurance and they are using university resources without the university's knowledge, which is against regulations. Should a situation occur at Western similar to that at Toronto's Hospital for Sick Children, Western would respond by engaging the first principle of academic freedom which is the right to publish. If it were to happen that a researcher "fell through the cracks" and entered into a contract that no one would have encouraged him or her to sign, it would be necessary to negotiate a resolution between the University and the company. Dr. Bridger observed that the Olivieri case is a great lesson for everyone in the country to look more carefully at contracts to avoid these sorts of situations.

Dr. Collins asked if the greater risk of an Olivieri type problem is in the clinical trial area in that other types of research contracts would have come to the Research Office. Dr. Bridger stated that as he knows, the Office of Research Services is seeing all contracts. If a contract involves human subjects, the Research Office must see them because the contract must be reviewed by the Ethics Board.

Mr. Bateman asked if graduate students should be informed of any delay in publication mandated by a research contract, so that they might change their research focus if the delay were too great. Dr. Bridger said that it is for that reason -- when students are involved -- that Western must be very vigilant, not only about delays of publication, but that the publication delays are reasonable. Sixty days is a tolerable delay when a graduate student is involved.

Ms. Weldon asked whether a company should not reasonably know that an individual professor researcher would not be able to bind the university. Dr. Bridger responded that there is a continuum between consulting and contract research. Faculty members are entitled to spend half a day a week on outside consulting work, and to the degree that they do that from their homes, that work is not the University's business. If the research involves the use of university resources, however, the University must be a party to the contract. Dr. Mercer added that there is always the danger that a company would not realize the faculty member could not bind the University to a contract that restricts academic freedom. By being put in a position of authority, the faculty member is an ostensible agent for the University as against a third party who would not necessarily have known that the faculty member cannot bind the institution. By the nature of the research done at the University, we potentially could be bound to a contract signed by a faculty member. The next question is what recourse the University would have against the faculty member: to the extent that the University solidifies its policies and makes them known, the opportunities for the faculty member to claim he/she was not aware of the constraints are reduced. Dr. Bridger confirmed that the policy that requires that contracts be reviewed before signing is widely known to the professoriate.

BG.99-04 REPORT OF THE PRESIDENT
[Appendix I]

BG.99-04a Recommendations on Faculty Budgets, Student Aid, and Fees

Dr. Davenport gave an overview of the preliminary 1999-2000 recommendations for faculty budgets, student aid, and fees, detailed in a memorandum previously received by all board members via a separate mailing.

The document is a step toward preparation of the 1999-2000 University Budget, which will be brought forward for consideration by the Senate Committee on University Planning (SCUP), the Property and Finance Committee, Senate, and the Board of Governors in the Spring. Dr. Davenport highlighted the following areas:

Tuition Fees:

Dentistry: The maximum tuition fee for undergraduate dental students will remain at $14,000 in 1999-2000, 2000- 02, and 2001-02. "In program" students will be grandparented at an annual fee increase of 20% until their tuition fee levels reach the maximum.

Medicine: Tuition fees for incoming undergraduate medical students will increase to $11,000 in 1999-2000, to $12,000 in 2000-01, and remain at $12,000 in 2001-02. The tuition fee for medical residents is already set at $1,500 for 1999-2000 and will remain at that level for 2000-01, and 2001-02.

HBA: The tuition fee for all students in the HBA program will remain at $8,000 for 1999-2000, will increase to $9,000 in 2000-01, and to $10,000 in 2001-02.

Student Aid:

Revenue generated through the required set-aside of tuition, donations to the University for needs-based awards, special programming funding from the Ministry of Education, and matching funds from the University for special work/study and bursary programs is expected to exceed $9 million in 1999-2000.

Special Bursaries will be available to OSAP-eligible incoming students in the three programs which have experienced especially large increases in tuition fees. The bursaries are as follows: MD - $3,000, DDS - $3,000, and the HBA - $2,100 in 1999-2000, $2,300 in 2000-01, and $2,500 in 2001-02.

The leaders representing the HBA and dental students expressed support for the special bursary in the first year. The leaders representing the medical students have requested that consideration be given to distributing the funds in first year just as they are distributed in Years 2, 3, and 4, i.e., based on individual interviews conducted in Year 1 is under consideration.

Faculty Budgets:

The 1999-2000 budgetary recommendations begin with a budget cut of 1.5% to most Faculties. However, significant budget additions are recommended for a number of Faculties including those where tuition fee levels increased substantially above those of other programs at Western.

Medicine: Revenue from Residents Tuition Fees, net of the 30% of tuition set-aside for student aid, will be transferred directly to the operating budget of the Faculty of Medicine & Dentistry. A base allocation of $600,000 to the Faculty operating budget will be made in 1999-2000 to support special new initiatives and an annual allocation of $500,000 from the general University Operating Budget to the Capital Budget for the next 10 years to renew facilities within the Medical Sciences Building.

Dentistry: The two components of the tuition revenue reinvestment are an annual base budget investment of $200,000, $80,000, and $80,000 in 1999-200, 2000-01, and 2001-02, respectively, and an annual allocation of $500,000 from the general University Operating Budget to the Capital Budget for the next 5 years, for a total of $2.5 million to renew and expand facilities within the Dental Sciences Building. The School of Dentistry will contribute an equal amount over the same period to fund a facilities improvement/expansion project totaling $5 million

HBA: To facilitate the expansion of the program and provide increased access, it will be recommended that a substantial proportion of the revenue arising from tuition fees from additional students be reinvested to support the additional faculty, support staff, and space necessary to open a third section of the HBA. The base budget cost of this expansion will total $1.2 million. $600,000 of these funds will be allocated in the current budget year and the remainder of the funds will be allocated to the Ivey School in 1999-2000.

Access to Opportunities Program (ATOP): The 1998-99 budget approved by the Senate and the Board indicated that a plan was being developed to expand Western's programs in information technology in the Faculty of Engineering Science and the Department of Computer Science. This plan has prepared the University well for the Province's complementary initiative revealed in the spring budget - the Access to Opportunities Program (ATOP). The University's proposals for participation in the ATOP program and provisions for funding the expansion of the Faculty of Engineering Science and Faculty of Science/Department of Computer Science have been submitted to MET.

Discussion following the presentation focused on a number of issues including the level of tuition fees, reinvestment in those Faculties where tuition has increased substantially, accessibility, and student aid.

Dr. Davenport reiterated that the 1999-2000 University Budget will be presented to the Board for consideration in April.

Ms. Weldon recalled that last year students were concerned that two-year tuition fee increases were announced. She asked if there has been any objection to a three-year announcement and whether there is a perception that the University could not reduce fees if there is an increase in the government grant. Davenport stated that the students are concerned about the high level of fees; there has been no discussion about the preference for a three-year announcement over a one-year announcement, only that the fees are too high. The concerns expressed most vigorously are from medical students. There may be some dental students who are relieved that there are three years of fees set. Medical residents object to there being a fee at all, and HBA students are concerned that other undergraduate business programs in the province are first entry and therefore have regulated fees.

Mr. Batemen referred to last year's debates over tuition increases and recalled that from the students' perspective there were two principle issues: (1) was there adequate financing in place, and (2) accessibility. Dr. Davenport explained that these issues are monitored by the Registrar and the Financial Aid Office. Given preferred loan arrangements with the banks and the 30% set aside for financial aid, the administration is confident there is adequate financing. Information is being collected to determine whether the high fees in some areas are affecting accessibility. He appealed to the Board to understand that although it is the students in the deregulated areas are asserting that the high fees are causing problems, this struggle is taking place throughout the University. Students in programs with regulated fees also have debts that cannot be sustained. The issue of accessibility and fees should be debated, but that debate should not be restricted to those areas where the students have the best prospects for employment and high earnings after graduation.

BG.99-04b Meeting with Prime Minister Jospin of France

Dr. Davenport reported that on December 16, 1998, he was among a group of Canadians invited to meet and discuss current bilateral issues with the Prime Minister of France, M. Lionel Jospin. Part of the discussions centred on the importance of research collaboration and student exchanges between French and Canadian universities and the importance of support for the arts and humanities in this technological era.

BG.99-04c Government Relations

Dr. Davenport announced that a meeting will be held on February 19 between Western's Unity Group (Presidents of faculty, student, and staff associations) and regional members of the provincial legislature to discuss actions that the Government of Ontario should take to reverse the severe underfunding of Ontario's universities. Among the ideas to be advanced by the Unity Group will be the "2000 for 2000" initiative which was presented as part of the Report of the President in November 1998.

BG.99-04d Update on the 125th Anniversary Campaign Anniversary Campaign

Dr. Davenport reported that proposals for the Faculties and Departments for funding from the 125th Anniversary Campaign Anniversary Campaign were reviewed at a recent retreat attended by the President and vice-presidents. The proposals are being further refined within the units before priority rankings are brought forward for consideration by the Senate and the Board of Governors in the Spring.

BG.99-04e Activities of the President: December 1998 - January 1999

A list of activities of the President during the months of December 1998 and January 1999 was distributed with the agenda, for the information of the Board.

BG.99-04f Post Secondary Education/Government Responsibilities

Asked if the Province of Ontario intends to divide its cabinet responsibilities for post-secondary education, Dr. Davenport replied that this apparently is under consideration. Every province from time to time considers this possibility and most universities are supportive of a separate Ministry because the complexities involving the administration of primary and secondary education.

REPORT OF THE PROPERTY & FINANCE COMMITTEE [Appendix II]

BG.99-05 Academic Space Realignment Projects [BG.98-244]

It was moved by R. Colcleugh, seconded by S. Adams,

That the Board of Governors approve the Academic Space Realignment Projects summarized below and on the drawings contained in Appendix II, Annex 1, at a cost of $6 million.

  1. Renovate and assign the upper floor and the main floor space of Elborn College to the Faculty of Engineering Science to provide faculty offices, classrooms, and instructional computer labs (50 to 70 stations).

  2. Convert Somerville House, a central building on campus, to academic space and use the converted space to accommodate the needs of the Richard Ivey School of Business and the University's overall classroom requirements. This renovation will provide three 85 seat classrooms, one 200 seat classroom, and three 45 seat computer laboratories.

    The conversion of Somerville House will require the following actions:

  3. Accommodate relocated offices from Somerville House as follows:

  4. In Talbot College, create a 240 seat classroom in the space vacated by the McIntosh Gallery offices.

The funding sources for these projects are as follows: ATOP funding, Provost Academic Support Fund, Capital Funding, McIntosh Gallery fundraising, and Ivey School of Business.

This project is on an extremely tight time line and any delays in moving the project forward will jeopardize completion of the work in Somerville House by September 1999. In order to meet the time lines, a tender for Elborn College renovations will be called in mid-January and the contract must be awarded by the end of January to permit the vacating of Somerville House by April 1, 1999, and subsequent renovations therein.

Dr. Moran stated that the changes made to the plan since it was approved in principle include the retention of the Peacock Room and Café Somerville activities in Somerville House and locating the expanded Faculty of Health Sciences in Somerville House rather than in Elborn College. It is now planned to create one 36 station and two 45 station computer labs in the basement of Somerville House and a new 240 seat classroom in Talbot College in the space to be vacated by McIntosh Gallery. These additions ($1,000,000) and refinements of estimates ($600,000) have led to an increased budget.

Responding to questions about the ATOP program, Dr. Moran stated that Western's application was submitted to the government in early December 1998. The application meets all the criteria, and it is expected that the official government funding announcement will be made by the end of January 1999. Fund raising associated with the programs is moving ahead. Matching funds must be secured and over $1 million is identified for this use.

The question was called and CARRIED

BG.99-06 Co-Generation Project

It was moved by R. Colcleugh, seconded by R. Bateman,

That the Board of Governors give approval to proceed to the final design stage and call tenders for the installation of a nominal 5 Megawatt co-generation system at the University of Western Ontario Power Plant at an estimated cost of $8 million. The cost to tender is approximately $70,000. Final approval of the project will be sought after tenders are received and reviewed with the consultant.

Co-generation involves the use of a natural gas-fired turbine engine to generate electricity and to use the exhaust heat to produce steam. If an institution can use both the steam and electrical power output, substantial cost savings can be achieved. This is a proven process. Several universities and local industries are already in production.

The question was called and CARRIED.

BG.99-07 The Richard and Jean Ivey Fund Chair in Molecular Toxicology

It was moved by R. Colcleugh, seconded by M. Rubinoff,

That the Board of Governors approve the establishment of the Richard and Jean Ivey Fund Chair in Molecular Toxicology, based on a $2 million gift from the Richard and Jean Ivey Fund to The University of Western Ontario, as detailed below.

The Richard and Jean Ivey Fund Chair in Molecular Toxicology

The donation shall be used to support the Faculty of Medicine & Dentistry's Program in Drug and Environmental Safety, specifically by establishing The Richard and Jean Ivey Fund Chair in Molecular Toxicology.

The donation will be endowed in perpetuity. Income from the endowment will be allocated in accordance with The University of Western Ontario's Investment Payout Policy.

A Search Committee will be established by the Faculty of Medicine & Dentistry to identify the individual to be appointed to The Richard and Jean Ivey Chair in Molecular Toxicology. The Faculty has invited the Richard and Jean Ivey Fund to appoint an observer to the Committee.

The academic appointment of the individual appointed to this Chair will normally be at the rank of Professor, in accordance with the procedures established by the Senate and Board of Governors.

CARRIED

BG.99-08 The Dr. Earl Russell Chair in Pain Management

It was moved by R. Colcleugh, seconded by S. Adams,

That, subject to Senate approval (January 22, 1999), the Board of Governors approve the establishment of the Dr. Earl Russell Chair in Pain Management, based on a $1 million gift from Dr. Earl S. Russell to The University of Western Ontario, as detailed below.

The Dr. Earl Russell Chair in Pain Management

The donation shall be used to support the Faculty of Medicine & Dentistry's Program in Pain Management by establishing the Dr. Earl Russell Chair in Pain Management.

The term the Chair will be for a minimum of 10 years, with allocations made from investment income and a portion of capital for a total maximum annual allocation of $100,000. It is anticipated that matching funds will be attracted during the University's 125th Anniversary Campaign Anniversary Campaign Anniversary Campaign from several sources to endow this Chair in perpetuity.

The donation will be for the sole purpose of advancing the understanding and management of pain. Proposals will be invited from individuals and/or groups interested in developing a program in the area of pain management. The proposal leader or program director will hold primary affiliation with the Faculty of Medicine & Dentistry.

The appointment to this Chair will be for a specific term, which may be renewable, at the rank of Professor or Associate Professor, in accordance with the procedures established by the Senate and Board of Governors.

A Search Committee will be established by the Faculty of Medicine & Dentistry to identify the individual to be appointed to the Dr. Earl Russell Chair in Pain Management.

CARRIED

BG.99-09 Quarterly Financial Report (Operating Budget)

The quarterly financial report on the Operating Budget is provided in Appendix II, Annex 3.

BG.99-10 Report on Environmental Incidents and/or Safety Incidents

The Board received information on the fire in a Platt's Lane townhouse which occurred on December 24, 1998, causing approximately $10,000 damage.

BG.99-11 Report of the Investment Committee

The report of the Investment Committee appears in Annex 4 of Appendix II.

BG.99-12 Report on Scholarships

Annex 5 to Appendix II contains the report on new and revised scholarships, awards, and prizes that have been approved by the Property & Finance Committee on behalf of the Board of Governors.

BG.99-13 Y2K Task Force

The Chair reported that Mr. Zamprogna provided an update on the Y2K Task Force activities at the Property & Finance Committee meeting. The Y2K Task Force, composed of 17 individuals from academic and administrative areas, is responsible for recommending a plan of action and preparedness to protect essential University functions. Each unit will be required to send a representative for a one-day training workshop on the Y2K implications and how to respond.

REPORT OF THE SENIOR OPERATIONS COMMITTEE

BG.99-14 Board Membership

It was moved by L. Whittaker, seconded by M. Lennon,

That the Board reappoint Carol Weldon to the Board of Governors for a second four year term, May 25, 1999 - May 24, 2003.

CARRIED

BG.99-15 Chairs and Vice-Chairs of Standing Committees of the Board

It was moved by S. Adams, seconded by M. Rubinoff,

That the following be appointed to serve as committee Chairs and Vice-Chairs in 1999:

Property & Finance

Chair Bob Colcleugh
Vice-Chair Don McDougall

Campus & Community Affairs

Chair Jim Etherington
Vice-Chair Lin Whittaker

Audit

Chair Janet Collins
Vice-Chair Howard Taylor

CARRIED

BG.99-16 Membership of Standing Committees of the Board

It was moved by W. Gibson, seconded by C. Weldon,

That the membership of the standing committees of the Board for the period February 1, 1999, through January 2000, be approved as shown in Appendix III, Annex 1.

CARRIED

BG.99-17 Board and Committee Meeting Dates, 2000

It was moved by L. Whittaker, seconded by J. Etherington,

That the meeting dates for the Board and Committees in 2000 be approved as shown in Appendix III, Annex 2.

CARRIED

The first Board meeting of the year is normally held at the end of January. Because classes will not begin until January 10, 2000 [see the report from Senate, Appendix IV] in anticipation of potential problems associated with the Y2K problem, committee meetings have been scheduled one week later than usual, with the result that the first Board meeting will be held on February 3, 2000.

BG.99-18 Selection Committee for Provost & Vice-President (Academic)

Mr. W. Peel was elected to the Selection Committee for Provost & Vice-President (Academic) by the Board.

The membership of the Selection Committee for Provost & Vice-President (Academic) is:

  • Paul Davenport (Chair)
  • Elected by Senate: Ian Armour (student), Madeline Lennon (Arts), Kevin McQuillan (Social
  • Science), and Kerry Rowe (Engineering Science) Alan Weedon (Science)
  • Elected by the Board of Governors: William Peel
  • Appointed by the President: Bob Kline (Medicine)

BG.99-19 Board Membership

In accordance with the Board's policy on filling of vacancies, Joel Adams, the first runner-up in the 1998 Board elections, undergraduate constituency, will complete the term of Sam Castiglione, who has resigned. Mr. Adams has been a member of Senate for three years (1996-97, 1997-98 and 1998-99).

BG.99-20 Appointments to Other Bodies

BG.99-20a Foundation Western Board of Directors

David Thompson has been nominated to complete the term of Libby Fowler on the Foundation Western Board of Directors (term to September 1999).

BG.99-20b Senate

Carol Weldon and Lin Whittaker have been reappointed to Senate (to February 1, 2000).

BG.99-20c Senate Committee on University Planning

Carol Weldon has been appointed and Wally Gibson reappointed to SCUP (to February 1, 2000).

BG.99-20d Brescia College Council of Trustees

Harry Murray has been appointed to the Council of Trustees of Brescia College for a three-year term, July 1, 1999 - June 30, 2002.

BG.99-21 Strategic Issues Topics, 1999

The Senior Operations Committee discussed various suggestions for strategic issues topics for the forthcoming year. The following will be pursued and scheduled:

  • Equity Issues
  • The Ontario University System
  • Enhancing the Educational Experience at UWO
  • The Affiliated Colleges

BG.99-22 Board Retreat - Fall 1999

The annual Board Retreat will be held early in the Fall. Dates under consideration are:

Thursday evening, September 9 - Dinner at Gibbons Lodge, and

Friday (all day), September 10 - Retreat

Thursday evening, September 23 - Dinner at Gibbons Lodge (following the Board meeting), and

Friday (all day), September 24 - Retreat

Members will be notified of the date at the earliest opportunity.

ITEMS REFERRED BY SENATE [Appendix IV]

BG.99-23 Strategic Plan for King's College

King's College is the largest of Western's three Affiliated Colleges and has recently completed a Strategic Plan, outlining the College's mission, vision, and commitments as a Catholic community of learning. The Strategic Plan, Vision, Values and Learning, detailed in Appendix IV, Annex 1, was provided for information.

BG.99-24 Start Date for Classes for January 2000 and Revised Sessional Dates

The start date for resumption of classes in January 2000 has been revised from January 3 to January 10 in anticipation that the City and the University could encounter serious power and heating problems resulting from the Y2K problem. Other sessional dates for the winter term will be adjusted slightly, such that final examinations will conclude on Saturday, April 29, rather than Friday, April 28, 1999.

Mr. Rubinoff asked for the rationale behind the decision to revise the start date of classes and how this affects the number of days in the term. Dr. Mercer stated that the number of class days in the winter term is 60 rather than 62 days and that the effects of this change on individual programs will be reviewed. The option of commencing classes on Thursday, January 6, 2000, does not provide sufficient time for the performance of a proper appraisal of Y2K-associated issues or for students to make plans based on information provided by the University. Problems with the power grid, for example, would not be within Western's control because Western would be entirely dependent upon external sources of information and support. The University established the Y2K Contingency Committee to lead and direct UWO's management of Y2K-related issues.

BG.99-25 MD/BESc Concurrent Degree (Chemical and Biochemical Engineering)

A limited enrolment concurrent degree program between the Faculty of Medicine & Dentistry and the Faculty of Engineering Science, Department of Chemical and Biochemical Engineering, will be established, effective September 1999. The program will lead to the MD and BESc degrees after seven years of academic studies.

BG.99-26 Report on the 243rd meeting of the Council of Ontario Universities

The Report on the 243rd meeting of the Council of Ontario Universities, detailed in Appendix IV, Annex 2, was provided for information.

BG.99-27 Announcements

A list of recent senior administrative appointments appears on page 1of Appendix IV.

Signed by:

W.W. Peel, Chair
J.K. Van Fleet, Secretary of the Board