Board of Governors - APPENDIX IV - April 27, 2000
FOR APPROVAL
Recommended: That Special Resolution No. 2 - Delegation of Authority - be amended by the addition of the following text:
Imposition of Sanctions for Non-Academic Offences
7. The President is authorized to take such measures as are appropriate to promote the orderly conduct of students and is authorized to impose academic and/or other sanctions on students who commit non-academic offences. This authority may be sub-delegated by the President. This authority shall not be limited by proceedings taken under other internal policies or codes unless circumscribed by resolution of the Board. 8. The Administration on the authority of the President (or the President's delegate) retains the discretion to impose academic and/or other sanctions on students for non-academic offences notwithstanding any other civil, criminal or quasi-criminal proceedings which may be taken in a particular case.
Background:
Last fall, four students damaged University property and as a result were initially de-registered from their program by the senior administration. This report seeks to clarify the Board's position on its responsibility to protect the University's property and to promote safety on campus, and in so doing, to delegate to the President the authority to impose sanctions on students who commit non-academic offences.
The following comments are based on a report of a small group of Board members, chaired by Mr. Stephen Adams, that advised the Board Chair on matters relating to student discipline in non-academic matters.
The University of Western Ontario Act, 1982, as amended, does not speak specifically to the discipline of students. However, section 18 of the Act states:
Except in such matters as are assigned by this Act to the Senate or other body, the government, conduct, management and control of the University and of its property and affairs are vested in the Board, and the Board may do such things as it considers to be for the good of the University and consistent with the public interest.
Section 19.(k) of the Act provides that the Board may establish and enforce regulations "for the use of its buildings, grounds and ancillary operations, and for the orderly conduct of persons entering upon the lands and premises of the University."
The Board has not only a right but also a responsibility to take all reasonable steps to promote the safety and well-being of members of the University community and visitors while they are on the lands and premises of the University. Moreover, it has the concurrent right and responsibility to take all reasonable steps to protect the land and buildings of the University. Where the Board or its delegate(s) (i.e., the President, who may sub-delegate) perceives a threat to the safety or well-being of such persons or a threat of damage to the lands or premises of the University, it must take action as it deems necessary to resolve the matter. In the case of students who have been involved in non-academic misconduct, this may result in both criminal prosecution and internal sanctions, including trespass notices, suspension and expulsion.
Sections H.1 and I.2 of By-Law No. 1 of the Board of Governors give the President responsibility for administering the affairs of the University in accordance with policies laid down by the Board of Governors and provide that the Board may delegate authority to committees and to the President and other persons by resolution. Special Resolution No. 10, which is the "role definition" of the President of the University adopted by the Board in 1991, charges the President with the responsibility for "exercising general supervision over the use of University properties to ensure the orderly conduct and safety of persons entering upon the lands and premises of the University."(1) By necessary implication, the Board's authority to impose sanctions for offences under Sections 18, 19(g) or 19(k) of the UWO Act has been delegated to the President in Special Resolution No. 10, but it is desirable and in the best interests of the University for the Board of Governors to enact a specific resolution delegating the authority of the Board of Governors to impose sanctions for non-academic offences to the President (with power to sub-delegate to some other senior member of the Administration) and to communicate this delegation to the University community.
The By-Laws Committee proposes this amendment to Special Resolution No. 2 in anticipation of the proposal and approval of a Student Code of Conduct which is currently being developed by the Advisory Committee to the Vice-Provost on a Student Code of Conduct. The inclusion in such code of a mechanism for appeal from the imposition of a sanction by the President (or delegate of the President) has been suggested to the Advisory Committee. This matter will be revisited if the Student Code of Conduct does not provide for an appellate body or if the appeal mechanism within the Code is insufficient.
Special Resolution No. 2 in its current form is attached as Annex 1.
Recommended: That Special Resolution No.10 be amended as follows:
3.00(h) exercising general supervision over the use of University properties toensurepromote the orderly conduct and safety of persons entering upon the lands and premises of the University
6.00 The President & Vice-Chancellor may delegate such powers, duties and functions of the office as the incumbent sees fit, but remains responsible forsuch delegationsthe actions of such delegates. In delegating presidential authority to act, the President & Vice-Chancellor shall prescribe conditions governing the exercise of any delegated power, duty and function, including the power of sub-delegation.
Background:
Special Resolution No. 10 in its current form is attached as Annex 2. The proposed changes to sections 3.00 (h) and 6.00 are intended to provide clarity.
April 27, 2000 Annex 1
SPECIAL RESOLUTION NO. 2
D E L E G A T I O N O F A U T H O R I T Y
General
1. The President is authorized to approve staff changes (appointments, promotions, sabbatical and study leave) for all academic staff and Chairs of academic units in accordance with policies and procedures established by the Board. The President shall recommend to the Board for approval all staff changes involving conferment of tenure or the granting or renewal of Sequential Term - Continuing Appointments.
2. In accordance with policies and procedures established by the Board, the President is authorized to approve Administrative staff changes (appointments and promotions) and to approve related salaries or salary changes, for all positions below the level of Vice-President, except that of Deans, the Registrar, the Director of Libraries, the Secretary of the Board of Governors and the Secretary of the Senate shall be excluded from such authorization unless the President is authorized by the Senior Operations Committee to fix, in accordance with policies which may be established by the Board from time to time, the remuneration, retirement and superannuation of such employees.
3. The President is authorized to approve all staff changes involving resignations, terminations, and retirements, except that any such staff change which will entail a continuing commitment on the part of the University, other than normal pension benefits or which falls outside existing University policies, shall be referred to the Senior Operations Committee.
Operating and Research
4. The President is authorized to commit the University to the expenditure of funds and/or approve contracts, up to a limit of $550,000 for any one transaction when such expenditure has been provided for in approved budgets. However, the President may authorize the payment of externally-imposed levies, such as municipal taxes and Workers' Compensation assessments, without limit.
5. The President and Vice-Presidents are authorized to transfer funds between accounts within approved budgets as required for the effective management of the University.
6. The President is authorized to sell or otherwise dispose of University physical assets, excluding land, up to a fair market value of $100,000.
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SPECIAL RESOLUTION NO. 10
P R E S I D E N T & V I C E - C H A N C E L L O R
Office
1.00 There shall be a President & Vice-Chancellor who is the chief executive officer of the University.
Powers and Duties
2.00 The President & Vice-Chancellor shall be accountable to the Board of Governors and the Senate for the overall integrity of the University, including:
(a) creating an atmosphere which will contribute to excellence in the endeavors of the University and fulfilment of the University's teaching and research missions
(b) the sound and effective management of the University's human, financial, and physical resources
(c) providing effective leadership in the University's various planning, academic, research, development and fund raising activities
3.00 The President & Vice-Chancellor, as the Chief Executive Officer of the University, shall have the authority and be responsible for administering the internal and external affairs of the University in keeping with policies set by the Board and Senate, including:
(a) exercising general supervision over and direction of the operation of the University including its academic programs, research, faculty, staff, students, and business and external affairs
(b) acting as chief spokesperson of the University
(c) representing the University in the local, provincial, national, and international communities
(d) serving as a member, ex officio, of the Board of Governors and of such committees and subcommittees of the Board of Governors as shall be determined by the Board
(e) serving as Chair of the Senate, ex officio, and member of such committees and subcommittees as shall be determined by the Senate
(f) making recommendations to the Board of Governors on the appointment, functions, duties, and powers of as many Vice-Presidents as the Board and the Senate may consider necessary, Deans, Department Chairs, Director of Libraries, Registrar, and Secretary of the Senate, in accordance with policies and procedures established by the Board on the recommendation of the Senate
(g) approving, on behalf of the Board, academic and administrative staff changes, including initial appointments, as authorized by the Board
(h) exercising general supervision over the use of University properties to ensure the orderly conduct and safety of persons entering upon the lands and premises of the University
(i) making recommendations to the Board of Governors and/or the Senate on (1) any undertaking the incumbent considers advantageous to University, or (2) any matter connected with the administration of the University and the promotion of its affairs
4.00 The President & Vice-Chancellor shall have such other powers, duties and functions assigned to the position by the University of Western Ontario Act and as may be assigned by the Board.
Delegation
5.00 The President & Vice-Chancellor may delegate presidential authority during the period of any temporary absence to any other officer of the University in accordance with the By-Laws of the Board
6.00 The President & Vice-Chancellor may delegate such powers, duties and functions of the office as the incumbent sees fit, but remains responsible for such delegations. In delegating presidential authority to act, the President & Vice-Chancellor shall prescribe conditions governing the exercise of any delegated power, duty and function, including the power of sub-delegation.
1. Section 3.00 (h)