S.98-70
•
?
SIMON FRASER UNIVERSITY
MEMORANDUM
To: ?
Senate ?
From: J.P. Blaney
Chair, Senate Committee on
Agenda and Rules
Subject: ?
Report of the Ad hoc Committee to Review Date: August 27, 1998
the Role of Senate regarding University
Policies
In November 1997, Senate appointed an
ad hoc
Committee to review the role of Senate regarding
University Policies (SCOUP). The membership and terms of reference are attached. The
committee reported to SCAR on 23 June, 1998. The report of the committee is attached.
The Senate Committee on Agenda and Rules accepted the report, and accepted the recommendation
that the Terms of Reference for SCAR be amended to include the responsibilities as set out in the
recommendations.
Motion
.
?
"That Senate approve the addition of section 3 to the
?
'ete of the
Senate Committee on Agenda and Rules:
3. ?
To receive, in a timely manner, all proposed new University Policies
and all proposed revisions to existing policies (excluding those
policies negotiated with employee groups), and to determine which
policies should be forwarded to Senate. Senate consideration will
take one of the following forms:
Approval For those proposed policies and policy revisions which
SCAR determines to fall within Senate's jurisdiction as
defined by the University Act.
Advice For those proposed policies and policy revisions which
SCAR determines to be of direct interest to Senate and
which should be discussed at Senate.
Information For those proposed policies and policy revisions which
SCAR determines should be circulated to Senate for
information."
Prior to new policies or policy revisions being approved or going forward to the Board of
Governors for approval, the final version of the policy will be forwarded to the Senate Secretariat
for consideration by SCAR. SCAR will determine whether or not the policy should be forwarded
to Senate, and if so, whether it shall be forwarded for approval, for advice or for information.
SCAR agreed that Research Policies - R 20.01 Research Ethics, and R 60.01 Integrity in Research
and Misconduct in Research be forward to Senate "for approval" when next amended or revised.
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40
SCAR agreed that Research Policy - R 10.01 External Research Grants and Contracts be
forwarded to Senate "for advice" when next amended or revised.
SCAR also agreed that the Policy Gazette recommendation should be adopted. This would be
implemented in the following manner:
Policy Gazette
1.
A Policy Gazette web site will be established on the University Administration Web page
and maintained by the Senate Secretariat with the following major components as a
minimum:
Policies under development
Policies recently approved
Policies under development
will contain
a list of policies which are currently under development or revision;
a provisional timetable for consultation and completion of the policies/revisions'-;and
the name of the person responsible for the policies, revisions and the
development/revision process.
Policies recently approved
will contain
a monthly announcement of the approval of new and/or revised policies.
2.
The President, Vice-Presidents and others responsible for policy development shall advise
the Senate Secretariat of any new policies currently under preparation or any existing
policies which are currently under revision.
3.
The Policy Gazette process should be established by October 1, 1998.
Attachments
0
S.98-1
(formerly S.97-81)
For Information
Ad Hoc Committee to review the role of Senate regarding University
?
Policies
At the meeting of SCAR held on November 18, 1997,
it
was agreed that SCAR
should establish an
ad hoc
committee to review the role of Senate, consistent with
the University Act, regarding university policies. The committee, with
membership and terms of reference as set out below, will report to SCAR. After
review at SCAR, a report will be forwarded, with recommendations, to Senate.
(SCAR Terms of Reference -
K. - To advise the Chair in determining the items for the Open and Closed Agendas of Senate, and
#2.
- To recommend to Senate rules and procedures for the conduct of its business, and
#3.
- To periodically review the structure and terms of reference of the various standing committees of
Senate, and to make recommendations to Senate as appropriate.)
Membership:
2 Faculty Senators, selected by SCAR
1 Student Senator, selected by SCAR
1 Dean, selected by the Deans
S ?
1 Vice-President, selected by the Vice-Presidents
Director, Secretariat Services (non-voting)
Secretary of the Senate (Chair)
Terms of Reference:
M.
Bowman, M. Wortis
N.
Parinar
R. Barrow
D. Gagan
A. Watt
W.R. Heath
The University Act sets out the responsibilities of Senate relating to the academic
governance of the University. The committee will review existing University
policies and determine for each whether or not it should come forward to Senate
and if it is agreed that it should come forward to Senate, whether it should come
forward for direct approval or for informal discussion or advice.
The committee is to draft a proposal by March 31, 1998 and forward it to SCAR for
consideration.
•)
December 15, 1997
Simon Fraser University
?
00
O
WDean of Student Services & Registrar
tel 291-4176; fax 291-5732; email heath@sfu.ca
Memorandum
To:
?
SCAR ?
From:
Dean of
?
Services & Registrar
Subject: Report from SCOUP
?
Date: June 12, 1998
I am pleased to forward to SCAR the final report from SCOUP. This final version of the
report has the support of all members of the Committee.
If SCAR chooses to accept the recommendations in the report, I would suggest that SCAR
recommend to Senate that the Terms of Reference for SCAR be amended to include the
responsibilities as set out in the Recommendations. It would be my understanding that
the 'policy gazette' referred to in Recommendation 5 would, under current organization,
be the responsibility of the Senate Secretariat which would, therefore, maintain a close
relationship and responsibility to SCAR.
S
.
0
Simon Fraser University
Dean of Student Services & Registrar
tel 291-4176; fax 291-5732; email heath@sfu.ca
Memorandum
To:
?
Senate Committee on Agenda
?
From:
?
Ron Heath
and Rules ?
Dean of Student Services & Registrar
Subject: ?
Ad Hoc Committee to Review the
?
Date: ?
June 1, 1998
Role
of
Senate regarding University
Policies
Background
The ad hoc Senate Committee on University Policies (hereinafter referred to as SCOUP)
was established by SCAR/Senate with the following Terms of Reference:
The University Act sets out the responsibilities of Senate relating to the academic
governance of the University. The committee will review existing University
policies and determine for each whether or not it should come forward to Senate
and if it is agreed that it should come forward to Senate, whether it should come
forward for direct approval or for informal discussion or advice.
The Committee has met on several occasions since being established and as set out in the
Terms of Reference, has reviewed all of the existing policies. The Committee also
reviewed the University Act to determine what specific powers are granted to Senate. [See
attached Appendix A - Powers of Senate - 37.1.(f)] It is worth noting that one also must
consider those powers granted to the Board of Governors since in some specific cases the
Board is given power to act "with the approval of Senate" or "in consultation with the
Senate". [See attached Appendix B - Powers of Board - 27.1.(f)]
Powers of Senate
The University Act grants to Senate the power to approve, sometimes in concert with the
Board, business that is directly associated with the academic governance of the University.
The Act, in Section 37.(o) raises some particular procedural questions as to appropriate
process and responsibility in relation to those areas not specifically identified.
Section 37. reads:
The academic governance
of
the university is vested in the senate and it has the
following powers: .........
0
?
(o) to make recommendations to the board considered advisable for promoting the
interests
of
the university or for carrying out the objects and provisions
of
this Act.
In this case, Senate has 'the power to recommend' as compared to other instances in the
Act where it is clear that Senate has 'the power to establish' or 'the power to make rules' o
'the power to determine'. Consequently, our discussion focused on how best to ensure
that Senate is apprised of and given the opportunity to comment on policy proposals,
consistent with its role.
Any Senator can ask SCAR to consider a Notice of Motion on any policy or policy change
coming under the provisions of Section 37.(o), whether or not such policy has traditionally
been referred to Senate for information, advice or approval. SCAR must then decide on
the appropriateness of the matter for consideration by Senate.
At the same time, the Committee noted that one of the principles in the report of the
Committee on Planning Priorities that has been accepted by Senate:
"All areas, including Senate, will review their rules and procedures with the goal of
streamlining administrative processes. In particular, we need to place limits on the
number of approvals needed before action can be taken on an issue, and the length
of time to final approval."
Kinds of Policies
Generally speaking, all University policies fall under one of the following major headings:
Academic (A Policies)
Research (R Policies)
Teaching and Instruction (T Policies)
General Policies (GP Policies)
Administrative Policies (AD Policies)
Information (I Policies)
The Academic (A) Policies for the most part address policies relating to the terms and
conditions of employment of faculty. These policies are developed through negotiation
between the University and the SFU Faculty Association. Some other policies
(particularly the AD policies) relate to the terms and conditions of employment of other
employee groups. Those policies that are the subject of negotiated agreements with
employee groups have the force of labor contracts. While senators may have an interest
in these policies, such interests normally will be expressed through their respective
association or union in the negotiation process. For this reason, these policies are not
included in the lists of policies which have come or ordinarily should come to Senate for
approval or advice.
Recommendations:
Senate has delegated to SCAR the responsibility to 'advise the Chair in determining t
items for the Open and Closed Agendas of the Senate' (SCAR, Terms of Reference).
?
V
2
Senate already approves, or has in the past approved, certain existing policies. These
policies are:
A 10.04 ?
Hiring Policy
A 12.11 ?
Professors Emeriti/ae
A 13.02 ?
Appointment of Department Chairs /Directors of Schools
A 13.05 ?
Search Committees for Deans
A 13.06 ?
Responsibilities of Deans of Faculties
A 13.07 ?
Terms of Appointments of Deans of Faculties
A 30.01 ?
Code of Faculty Ethics and Responsibilities*
R 40.01 ?
Centres and Institutes
T 10.01 ?
Code of Student Conduct
T 10.02 ?
Code of Academic Honesty
T 10.03 ?
University Board on Student Discipline
T 10.04 ?
Senate Committee on Disciplinary Appeals
T 20.01 ?
Grading Practices and Grade Appeals
T 20.02 ?
Final Examinations
. ?
GP 23
?
University Policy on International Activities
GP 26
?
Accessibility Policy for Students with Disabilities
* In the event that A30.01 becomes the subject of negotiation between SFUFA and
the University, it would not be included in this list for further approval at Senate.
Recommendation 1:
It is the opinion
of
SCOUP that these policies are the appropriate business
of
Senate as
defined by the University Act and that proposed changes to these policies should come
forward to Senate for approval.
Recommendation
2:
SCAR shall be advised, in a timely manner,
of
all proposed new University policies and all
proposed revisions to existing policies, (excluding those policies negotiated with employee
groups) and SCAR shall determine which policies should be forwarded to Senate. For
those policies which are forwarded to Senate, consideration at Senate will take one
of
the
following forms:
Approval For those proposed policies and policy revisions which SCAR
determines to fall within Senate's jurisdiction as defined by the
University
Act.
(Subsequent or prior approval by some other appropriate body may also
is ?
be required.)
3
Advice ?
For those proposed policies and policy revisions which SCAR
determines to be
of
direct interest to Senate and which should be
discussed
(Motions or
at Senate.
recommendations
?
passed by Senate relating to these items
0
as a result of this discussion would not be binding but would be
forwarded for advice to the committee/individual/authority
responsible for the policy. In some cases, the policy may be constrained
by legislation or an external agency.)
Information ?
For those proposed policies and policy revisions which SCAR
determines should be circulated to Senate for information.
(Motions or recommendations passed by Senate relating to these items
as a result of this discussion would not be binding but would be
forwarded for advice to the committee/individual/authority
responsible for the policy. In some cases, the policy may be constrained
by legislation or an external agency.)
Recommendation 3:
SCOUP specifically recommends that the following research policies be forwarded to SCAR
with the advice that they should be forwarded to Senate "for approval":
R 20.01 ?
Research Ethics
R 60.01 ?
Integrity in Research and Misconduct in Research
Recommendation 4:
SCOUP specifically recommends
that the following research policy be forwarded to SCA
with the advice that it be forwarded to Senate "for advice".
R 10.01 ?
External Research Grants and Contracts
Communication with the Campus Community
A further issue that was discussed at SCOUP relates to the communication of new and
revised policies. The complete policies are maintained on the University's Website.
While the recommendations proposed above will serve to improve the awareness of
Senators relative to new and amended policies, some attention should be given to advise
the general campus community about policy changes. This could be accomplished
through the creation of a 'policy gazette' on the University's website. The site would
contain timely information about
all
new and revised policies. It might also include
notice of policies that are under active review which have general community interest -
for instance, the recent Harassment Policy review.
Recommendation 5:
A 'policy gazette' website should be established to provide information to the campus
community regarding new and revised policies and to seek input on policies
of
general
interest to the campus.
S
4
I
RS CHAP. 468
?
UNIVERSITY
?
45
Euz. 2?
Section 25
appointed or elected, the secretary of the board must enter a declaration
vacancy in the minutes of the board.
(2)
A declaration under subsection (1) is conclusive evidence of the
Method of filling vacancies and effect of vacancy
25 (1) If a vacancy
of an
existsZson's
appointed member.e Lieutenant Governor.
in Council must apson to fill the vaca)k'
(2)
If a vacancy exists
?
of an elected pfmber, the appropriate body must
elect a replacemen
(3)
A person appointebsec9pi
?
?
1) or elected under
r subsection (2) holds
office for the remth5A&m for which the person's predecessor was
appointed or
elect
(4)
A vacancy on the
?
not impair the authority
of
the remaining members
?
of the board to ac
Meetings of board
26
?
?
(1) Th b9fmust meet as often as
is
necessary to transact the business of the board,
?
an; any event at least once every 3 months.
members of the board constitute a quorum for the transaction of business.
(3) The chair has the same right to vote as the other members of the board, and, in
the case of a tie vote on a motion, the motion is defeated, and the chair must so
declare.
Powers of board
27 ?
(1) The management, administration and control of the property, revenue, business
and affairs of the university are vested in the board.
(2) Without limiting subsection (1) or the general powers conferred on the board by
this Act, the board has the following powers:
(a)
to make rules for the meetings of the board and its transactions;
(b)
to elect from among its members a chair, and, when necessary, an acting
chair;
(c)
to appoint a secretary and committees it considers necessary to carry out the
board's functions, including joint committees with the senate, and to confer
on the committees power and authority to act for the board;
(d)
in consultation with the senate, to maintain and keep in proper order and
condition the real property of the university, to erect and maintain the
buildings and structures on it that in the opinion of the board are necessary
and advisable, and to make rules respecting the management, government
and control of the real property, buildings and structures;
.
.
8
RS CHAP.
468
1996 ?
UNIVERSITY
Section 27
(e)
in consultation with the senate, to provide for conservation of the heritage
sites of the university, including any heritage buildings, structures and land
of the university;
(f)
with the approval of the senate, to establish procedures for the recommen-
dation and selection of candidates for president, deans, librarians, registrar
and other senior academic administrators as the board may designate;
(g)
subject to section 28, to appoint the president of the university, deans of all
faculties, the librarian, the registrar, the bursar, the professors, associate
professors, assistant professors, lecturers, instructors and other members of
the teaching staff of the university, and the officers and employees the board
considers necessary for the purpose of the university, and to set their
salaries or remuneration, and to define their duties and their tenure of office
or employment;
(h)
if the president is absent or unable to act, or if there is a vacancy in that
office, to appoint an acting president;
(i)
to consider recommendations from the senate for the establishment of
faculties and departments with suitable teaching staff and courses of
instruction;
(j)
subject to section
29
and with the approval of the senate, to provide for the
establishment of faculties and departments the board considers necessary;
(k)
to provide for chairs, institutes, fellowships, scholarships, exhibitions,
bursaries and prizes the board and the senate consider advisable;
(1) to receive from the president and analyse and adopt with or without modifi-
cations the budgets for operating and capital expenditure for the university;
(m) to set, determine and collect the fees
(i)
to be paid for instruction, research and all other activities in the
university,
(ii)
for extramural instruction,
(iii)
for public lecturing, library fees, and laboratory fees,
(iv)
for examinations, degrees and certificates,
(v)
for the use of any student or alumni organization in charge of student
or alumni activities, and
(vi)
for the building and operation of a gymnasium or other athletic
facilities;
(n) to pay over the fees that may be collected for a student or alumni organi-
zation that the organization may request;
(o) to administer funds, grants, fees, endowments and other assets;
(p) to select a seal and arms for the university and have sole custody and use of
the seal;
(q) to provide for student loans;
9
RS Cit
op
.
468 ?
UNIVERSITY
?
45
ELiz. 2
Section 28
(r) with the approval of the senate, to determine the number of students that
may in the opinion of the board, having regard to the resources available, be
accommodated in the university or in any faculty of it, and to make rules
considered advisable for limiting the admission or accommodation of
students to the number so determined;
(s) to enter into agreements on behalf of the university;
(t) to control vehicle and pedestrian traffic on the university campus;
(u) to acquire and deal with
(i)
an invention or any interest in it, or a licence to make, use or sell the
product of an invention, and
(ii)
a patent, copyright, trade mark, trade name or other proprietary right
or any interest in it;
(v) to require, as a term of employment or assistance, that a person assign to the
board an interest in an invention or an interest in a patent, copyright, trade.
mark, trade name or other proprietary right resulting from an invention
(i) made by that person using the facilities, equipment or financial aid
provided by the board, or
. (u) made by that person while acting within the scope of the person's
duties or employment, or resulting from or in connection with the
person's duties or employment as an officer or employee of the
university;
(w) to pay to a municipality incorporated by or under an Act a grant in a year
not exceeding the lesser of
(i)
the amount
,
that would be payable as general municipal taxes in the
year on property of the university within the municipality if the
property were not exempt from these taxes, and
(ii)
the amount specified by the minister or calculated in the manner
specified by the minister,
(x) to make rules consistent with the powers conferred on the board by this Act;
(y) to do and perform all other matters and things that may be necessary or
advisable for carrying out and advancing the purposes of the university and
the performance of any duty by the board or its officers prescribed by this
Act.
(3) A person appointed under subsection
(2)
(h) has, during the period for which he
or she is appointed, all the powers, rights and privileges of the president.
.
10
1996 ?
UNIVERSrrY ?
RS CHAP.
468
Section 36
(h)
a number of full time students, equal to the number provided in paragrjhs
(a) to (f), elected from the student association in a manner/
ensuthat
at least one student from each faculty is elected;
(i)
4 persons who are not faculty members, elected by and
nvo-
cation;
(j)
4 persons appointed by the Lieutenant Go/
ithoutcil;
(k)
one member to be elected by the governin
?
affiliated college
of the university;
(1) additional members the senate may deter
ering the ratio set
out in paragraphs (g) and (h).
Term of office
?
/
36
?
?
(1) The term of office of a member of
?
senate, other than one elected under
section
35
(2) (h), is 3 years and 3f(ér that until a successor is appointed or
elected. ?
/
(2) The term of office of a mem(of the senate elected under section 35 (2)
.
(h) is
one year and after that unjJ
.
t successor is elected.
(3) Members of a senate 4(o remain eligible under section
35
may be reappointed
or re-elected in
fanner
the
provided under section
35
for, further terms.
(4) If a vacancy an s on the senate, the vacancy must be filled,
(a)
in the
?
of an appointed member, by the body possessing the power of
app
itmeflt, or
(b)
jhe case of an elected member, in the manner specified by the senate.
(5)
Arson appointed or elected to fill a vacancy holds office for the remainder of
e term for which the person's predecessor was appointed or elected.
The secretary of the senate rotist enter a declaration of the vacancy in the minutes
of the senate.
(7) A declaration under subsection (6) is conclusive evidence of the vacancy.
Powers of senate
37 ?
(1) The academic governance of the university is vested in the senate and it has the
following powers:
(a)
to regulate the conduct of its meetings and proceedings, including the deter-
mination of the quorum necessary for the transaction of its business, and the
election of a vice chair at least annually, who is to chair meetings in the
absence of the president;
(b)
to establish committees it considers necessary and, by 2/3 vote of its
members present, to delegate to one or more committees those of its powers
as it may determine;
13
RS CHAP.
468
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UNIVERSITY
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45
Euz. 2
Section
37
(c)
to determine all questions relating to the academic and other qualifications
required of applicants for admission as students to the university or to any
faculty, and to determine in which faculty the students pursuing a course of
study must register,
(d)
to determine the conditions under which candidates must be received for
examination, to appoint examiners and to determine the conduct and results
of all examinations;
(e)
to establish a standing committee to meet with the president and assist the
president in preparing the university budget;
(f)
to consider, approve and recommend to the board the revision of courses of
study, instruction and education in all faculties and departments of the
university;
(g)
to provide for courses of study in any place in British Columbia and to
encourage and develop extension and correspondence programs;
(h)
to provide for and to grant degrees, including honorary degrees, diplomas••
and certificates of proficiency, except in theology;
(i)
to recommend to the board the establishment or discontinuance of any
faculty, department, course of instruction, chair, fellowship, scholarship,
exhibition, bursary or prize;
(j)
to award fellowships, scholarships, exhibitions, bursaries and prizes;
(k)
to determine the members of the teaching and administrative staffs who are
to be members of each faculty;
(1) to make rules for the management and conduct of the library;
(m)
to establish policies regarding the conservation of heritage objects and
collections that are owned by or in the possession of the university or any
of its faculties, divisions, departments or other agencies;
(n)
to provide for the preparation and publication of a university calendar,
(o)
to make recommendations to the board considered advisable for promoting
the interests of the university or for carrying out the objects and provisions
of this Act;
(p)
to deal with all matters reported by the faculties, affecting their respective
departments or divisions;
(q)
to establish a standing committee to consider and take action on behalf of
the senate on all matters that may be referred to the senate by the board;
(r)
subject to the approval of the board, to enter into agreements with any
corporation or society in British Columbia entitled under any Act to
establish examinations for admission to the corporation or society, for the
purpose of conducting examinations and reporting results, and those corpo-
rations or societies have power to enter into the agreements;
.
14
1996
?
UNIvEasrrY ?
RS CHAP.
468
Section 38
(s)
to make rules respecting the conduct and financing of examinations referred
to in paragraph (r) and other examinations conducted by the senate under
any other Act;
(t)
to make rules respecting the reporting of results of examinations referred to
in paragraphs (r) and (s);
(u)
to set the terms of affiliation with other universities, colleges or other insti-
tutions of learning, and to modify or terminate the affiliation;
(v)
to establish a standing committee of final appeal for students in matters of
academic discipline;
(w)
to establish a standing committee on relations with other post secondthy
institutions in British Columbia;
(x)
to require any faculty to establish an advisory committee consisting of
students of the faculty and members of the community at large.
(2)
A vice
chair elected under subsection (1) (a) must not serve more than 2
consecutive terms.
(3)
No part of the cost of examinations referred to in subsection (1) (r) or (s) may be
a charge on or be paid out of university funds.
15. ?
S
