MINUTES OF THE MEETING OF THE BOARD OF GOVERNORS - NOVEMBER 25, 1999

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, Dr. W.A. Bridger, Dr. P. Davenport, Mr. J. Etherington, Mr. T. Garrard, Mr. W. Gibson, Ms. S. Grindrod, Ms. R. Ivey Thom, Prof. M. Lennon, Mr. D.J. McDougall, Dr. P.P. Mercer, Dr. G. Moran, Prof. H. Murray, Prof. P. Neary, Mr. T. O'Neil, Mr. M. Pickard, Mr. M. Rubinoff, Mr. T. Vine, Mr. M. Weyers, Ms. L. Whittaker

By Invitation: D. Riddell, P. Specht, and O. Zamprogna

BG.99-233 Welcome to New and Re-Elected Members

The Chair congratulated Joel Adams on his re-election to the Board by the undergraduate students and welcomed new members Mark Weyers, elected by the graduate students, and Peter Neary, elected by Senate. Mr. Adams and Mr. Weyers were elected for two-year terms (to November 14, 2001) and Dean Neary was elected for a four-year term (to November 14, 2003).

BG.99-234 Minutes of the Meeting of October 28, 1999

The minutes of the meeting of October 28, 1999, were approved as circulated. Minutes of the Special meeting held on November 11, 1999, will be presented for approval at the next meeting, scheduled for February 3, 2000.

BG.99-235 REPORT OF THE PRESIDENT [Appendix I]

BG.99-235a Update on Leadership and Learning

Leadership in Learning: Western's Strategic Plan, approved in the Fall of 1995 by Senate and the Board of Governors, requires that updates outlining progress towards fulfilment of the recommendations advanced in the plan be submitted to the Senate and Board in May and November of each year. The Update document contained in the Report of the President was provided for information.

BG.99-235b Management Board Announcement

Dr. Davenport reported that the Management Board announcement of November 18, 1999, contained four announcements relating to postsecondary education:

a reduction, characterized as an "administration and operations savings", of $3.9 million for postsecondary education (0.2% of $2.3 billion)

a reduction of the institutional threshold for loan defaults from 33.5% in 1999-00 to 28.5% in 2000-01 to 25% in 2001-02. This will have its main effect on private vocational colleges.

OSAP loans will be denied to students who understate their incomes

loans will be denied to students with poor credit ratings

Dr. Davenport stated that the Council of Ontario Universities (COU) continues to lobby the government for a significant increase in public funding in the next transfer payment announcement. In December and January the Provincial Government generally announces the transfers to municipalities, universities and hospitals. COU made the case that given the increases in enrolment this past September and the obvious upward trend in university enrolments at universities related to demographic changes, a significant increase in public funding to universities is necessary and warranted.

BG.99-235c Operating Funds and SuperBuild

Dr. Davenport stated that the Working Group on University Capacity, established last Spring, was revived this Fall by Minister Cunningham. The Working Group, comprising members of COU, the Ministry, and a representative from Finance, will discuss the operating funds needed to meet the increase in student demand as a function of demographic change and Ontario's double cohort. Western's submission to the SuperBuild Fund competition includes a statement that commitment to enrolment increases is contingent on the provision of sufficient operating funds to maintain and enhance the quality of degrees offered by Western.

BG.99-235d Activities of the President

A list of the activities of the President during the month of November 1999 were provided for the information of the Board (Appendix I).

REPORT OF THE PROPERTY & FINANCE COMMITTEE [Appendix II]

BG.99-236 Policy on Funding of Designated Faculty Fellowships

On behalf of the Property & Finance Committee, it was moved by D. McDougall, seconded by S. Adams,

That the Board of Governors approve the establishment of the policy on Funding of Designated Faculty Fellowships shown in Appendix II, Annex 1, as recommended by the Senate.
CARRIED

BG.99-237 The MBA '83 Faculty Fellowship

It was moved by D. McDougall, seconded by S. Adams,

That the Board of Governors approve the establishment of The MBA '83 Faculty Fellowship under the terms of reference shown in Annex 2 to Appendix II, based on a $125,000 donation by the MBA Class of 1983, as recommended by the Senate.
CARRIED

BG.99-238 The W. Glenn Campbell Faculty Fellow

It was moved by D. McDougall, seconded by S. Adams,

That the Board of Governors approve the establishment of the W. Glenn Campbell Faculty Fellow in the Department of Economics, Faculty of Social Science, as recommended by the Senate. The fellowship is based on a $600,000 gift from Dr. W. Glenn Campbell to be endowed by Foundation Western according to an Agreement which includes the terms set out in Appendix II, Annex 3.
CARRIED

BG.99-239 Report on Scholarships

The Board received for information the Report on Scholarships/Bursaries/Awards/Prizes, detailed in Appendix II, Annex 4.

REPORT OF THE CAMPUS & COMMUNITY AFFAIRS COMMITTEE [Appendix III]

BG.99-240 Administering Student Financial Aid

The Board received for information the report of CCAC about a presentation made to the Committee by Dr. Roma Harris, Vice-Provost & Registrar, about administering student financial aid at Western. Details are provided in Appendix III.

Members asked that they be provided with a report containing the assertions made by representatives of the Hippocratic Council to the CCAC about student financial aid, along with related information provided by Dr. Harris in her November presentation to the CCAC, in order that Board members have a better understanding of the issues in dispute.

REPORT OF THE SENIOR OPERATIONS COMMITTEE [Appendix IV]

BG.99-241 Selection Committee for Vice-President (Research)

Dr. R. Colcleugh was elected to serve on the Selection Committee for Vice-President (Research).

BG.99-242 Delegation of Authority - Sanctions for Non-Academic Offenses [BG.99-212; BG.99-228]

At the Board meeting on October 28, 1999, there was discussion in open and closed session about the matter concerning four Engineering students who this fall were first deregistered for damaging university property and then reinstated. The issue of the role of the senior administration in determining sanctions for non-academic offenses was referred to the Senior Operations Committee with the intent that a resolution which would clarify the Board's delegation of authority to senior administration be formulated and returned to the Board for approval.

It was moved by S. Adams, seconded by S. Grindrod,

That the Board of Governors approve the following statements:
The Board of Governors acknowledges its general responsibilities under sections 18 and 19(k) of the UWO Act to provide for "orderly conduct of persons" on campus
The Board confirms its delegation of authority in this area to the Senior Administration, including discretion to lay criminal charges, impose academic sanctions, and/or proceed under the Student Disciplinary Code
The Board of Governors confirms the following statement in the University Calendar as an accurate description of some (though not all) means by which that delegated authority might be exercised.
SANCTIONS FOR ACADEMIC AND OTHER OFFENSES
Registration in the University and the right of full access to the library, residences, specialized equipment or other University facilities implies a commitment on the part of a student to use such facilities in accordance with established rules. A student not fulfilling these obligations becomes liable to the imposition of academic sanctions.
The Board of Governors confirms that the action of the Senior Administration on September, 1999, in rescinding the registration of four students who had admitted to vandalism on campus, was an instance of legitimate exercise of that delegated authority.

Mr. Rubinoff expressed concern about the ambiguity of the words "discretion and/or proceed under the Student Disciplinary Code", particularly in the absence of a clear procedure to be followed. He stated that there already exists a great deal of confusion, and adoption of the resolution will only serve to create more confusion. Students should know, in advance, the consequences of their actions and how they will be dealt with, for example, through an appeal mechanism.

Several Board members took issue with the final part of the motion, arguing that its inclusion in the resolution suggests that each disciplinary action taken by the senior administration would have to be confirmed by the Board. The Chair clarified that reference to the September 1999 action is only an example and it is not the intent that the Board confirm the action taken in that case or others.

Mr. J. Adams and Mr. Rubinoff argued that the resolution is premature in light of the continuing deliberations of the Vice-Provost's Advisory Committee on a Student Code of Conduct, chaired by Dr. Brian Timney. The Secretary of the Board advised that in a matter of days the Vice-Provost's committee will be publishing an invitation to the community to make submissions. A Student Code of Conduct will then be drafted and ultimately the Senate Committee on Academic Policies and Admissions (SCAPA), the Senate, the Campus & Community Affairs Committee, and the Board will be asked to approve the Code. The CCAC and Board involvement is anticipated for May 2000.

In response to questions as to why the Board should be asked to approve any resolution, the President reminded members that at the October 28 meeting, discussion centred on the Board's responsibility to safeguard University property and ensure personal safety on campus. That discussion touched on many of the points that are contained in the motion before the Board today. It was felt that the Board's delegation of authority to the senior administration had been challenged -- that in fact the senior administration did not have authority in this area. The Board asked the Senior Operations Committee to prepare a resolution that would state clearly the delegation that the Board believed has been in place all along. The Board has an inescapable responsibility to protect the University's property and ensure the safety of its students; the purpose of the motion is to make it clear to the community that the senior administration will act in the name of the Board in fulfilling the statutory responsibilities in these areas.

The Chair added that there had been a feeling in some quarters that the only courses of action to deal with the Engineering students, for example, were to apply the Student Disciplinary Code or to lay criminal charges. There is a middle ground and the proposed resolution is intended to state that the senior administration has discretion in this area.

Mr. J. Adams acknowledged that there will always be cases where the administration will apply discretion, but it is unclear when that discretion will be applied and what the procedure will be when the senior administration imposes sanctions. Also, the Academic Sanctions regulation cited in the motion is only part of the relevant section of the Calendar: the section goes on to speak of academic sanctions that can be imposed for failure to pay library fines or parking fines. Some read those two sections as being separate, but others believe the section about fines limits the scope of the entire regulation.

BG.99-242a It was moved by M. Rubinoff, seconded by M. Pickard,

That the recommendation be amended by deleting the last paragraph.
CARRIED

Mr. Rubinoff stressed that he is concerned with the lack of process in the resolution, but does not question the need to apply discretion. He suggested that the motion be tabled until further clarification can be provided or until the Student Code of Conduct is presented to the CCAC and the Board.

BG.99-242b It was moved by M. Rubinoff, seconded by H. Murray,

That the motion be referred back to the Senior Operations Committee.
Motion to refer, CARRIED.

ITEMS REFERRED BY SENATE [Appendix V]

BG.99-243 Joint PhD Program in Educational Studies

It was moved by P. Davenport, seconded by W. Gibson,

That the Board of Governors approve the introduction of a Joint PhD program in Educational Studies to be offered by The University of Western Ontario in collaboration with Brock University, Lakehead University, and the University of Windsor, commencing January 1, 2000.
CARRIED

BG.99-244 Academic Programs

Dr. Davenport reported that Senate has established the following programs to be introduced September 1, 2000:

  • Four-Year General BA in Film
  • Four-Year BSc in Honors Physics and Computer Science
  • Four-Year BSc Geology
  • Four-Year BSc Geophysics
  • A Four-Year BHSc Program in Honors Sociology of Ageing and Health has been established effective September 1, 1999.

BG.99-245 Undergraduate Program Review Audit of The University of Western Ontario

In May 1998, the Undergraduate Program Review Audit Committee (UPRAC) auditors visited The University of Western Ontario, examining the most recent reviews in English, Business, Electrical Engineering, and the Economics, Business and Mathematics program at King's College. In addition, the auditors examined procedures used in establishing the new undergraduate program in Health Sciences (BHSc).

In April 1999, the Report of the Auditors on Undergraduate Program Reviews at The University of Western Ontario was completed. It was subsequently submitted to the Ontario Council of Academic Vice-Presidents and released in its final form in August. The Provost's response to the Audit, including responses to each of the recommendations, is contained in Appendix V, Annex 1. The Board was advised that the full report can be obtained from the University Secretariat.

BG.99-246 Appointments

The announcement of senior academic appointments, detailed in Appendix V, page 2, were provided for information.

Signed by:

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