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SENATE COMMITTEE.. .0....AGENDA. AND. RULES.... 

.ToSENAE ? ............................. 

Subject ......

LEc

TI

.

OF

.

TV..N 

T

S ..TO. .S.ENAIE..AND 

flf . B0BD - RULES 

SENATE 

Date .....

FEBRUARY 

...2l,...197.8.... ........................... ............... .............. 

MOTION I 

?

"That Senate suspend the applicable Rules of Senate to 

permit debate and action on Paper S.78-12A at the March 

6, 1978 meeting of Senate (including Rule VIII in part, 

suspending "Alterations of these Rules of Senate shall 

require written notice at a regular meeting of Senate 

prior to the meeting at which a vote on the proposed 

alteration is taken,' 

?

but retaining 

'which vote shall require an affirmative vote by two- 

thirds of the voting members present to carry')." 

MOTION 2 ? 

"That Senate approve change to the Rules of Senate by 

deleting the present section IV F and substituting a new 

section IV F as described in Appendix I herewith." 

If Motion 2 is approved, 

MOTION 3 a) "That the new Rules of Senate adopted through Motion 2 

first be applied for the regular elections to the Board 

and to Senate being held in Spring 78-1 and thereafter." 

b) ? 

"That the new Rules not be applied to those persons now 

holding membership on the Board or Senate with term of 

office ending May 31, 1978." 

SiMON FRASER UMVERSffTY

To

?

SENATE        

.

?

. From . SENATE COMMITTEE 

Subject ... ...ELEC 

TION 

OF .STUDENTS. TO.. SENATE ... AND ........... . Date ..... FEBRUARY .... 2l.,...i.9.7.8 

THE BOARD - RULES OF SENATE 

1.

At its meeting of February 6th Senate considered Paper 

S.78-12. It did not approve an amendment proposed to that paper 

not the motions of the paper. That paper, S.78-12, concerned 

itself with the Rules of Senate, Section F (copy attached), per- 

taining to elections of student to the Senate and to the Board, 

and to amendments to the Universities Act proclaimed late in 1977. 

In view of the potential serious impacts that could arise 

from conducting elections under present rules, legal opinion has 

been obtained by the University. This is shown as Appendix A here- 

with. In brief that opinion indicates that further action by Senate 

would be required to make the present Rules of Senate consistent with 

the Act. (Section 43 stipulates "The Senate shall make and publish 

all rules necessary and not inconsistent with this Act in respect of 

nominations, elections, and voting, and the registrar shall conduct 

all elections as are required.") 

It is proposed that Paper S.78-12 be further considered by 

Senate with change to subsection 3(111) of Appendix I of :that paper 

now reading as follows:- 

(with this change the paper is now numbered S.78-12A, copy attached) 

(iii) "If an undergraduate student then must remain 

registered in an average of at least 9 semester 

hours credit in two of the three semesters 

associated with the one-year term of office, and 

in not less than 6 semester hours in each of 

those two semesters. If a graduate student must 

continue to be so registered throughout the period 

of office." 

2.

Various methods are possible to consider the paper and the 

Committee has proposed that the most direct action be taken through 

motion as follows: 

"That Senate suspend the applicable Rules of Senate 

to permit debate and action on Paper S.78-12A at the 

March 6, 1978 meeting of Senate (including Rule VIII 

in part, suspending 'Alterations of these Rules of 

Senate shall require written notice at a regular 

meeting of Senate prior to the meeting at which a 

vote on the proposed alteration is taken,' but retaining 

'which vote shall require an affirmative vote by two- 

thirds of the voting members present to carry." 

Under Rule IX a motion to suspend the Rules requires an 

affirmative vote by two-thirds of the voting members present to ca'rry 

Similarly if approval is granted as suggested any final change' to 

.   the 

Rules requires the two-thirds vote. 

',-

?

MrPEW.DlX

GORDON B. 5HRUN

L. KEITH UDDLE

$1401.10 H&aENTON

R.F*UL BEC*MANN

MINION DERBY

MITCHELL H. GROPPER

JOHN W. LUTES

ROBERT SEWELL

RONALD H. STERN

JOHN W. PEARSON

RALPH E.NUOSON

C. LYNN SMITH

BYRAN GIBSON

TED ZACKS

GORDON TURPIFF

TREVOR W. BELL

ROSEMARIE WERTSCP)LK

GINA M.QUUAHO

JAMES N. MicMA5YER

CATHERINE

J. eaucc

JAMES A. TITERLE

TELEPHONE

(804) 088-215S

TELEX

04-54229

SURUM, LIDDLE & HEI3ENTON

BARRISTERS 6 SOLICITORS, EIGHTEENTH FLOOR, 505 GURPARD sT., VANCOUVER, CANADA VIX 101

February 16th, 1978 

Simon. Fraser University 

Burnaby, B.C.

Attention: Mr. H. Evans, 

Registrar 

Dear Sirs: 

RE:

Student Candidates for the 

Senate and Board of Governors 

You have asked whether a student as defined in Section IV. F 

of the Rules of Senate is eligible for election to the 

board of. governors or to the senate. Section IV. F states 

which Students shall be considered to be the members of the 

Student Association (who constitute electors), but does not 

define "full-time students" for the purpose of determining 

S

stud"t

repredentatives eligible for election to the 

senate and

board of governors. 

Aco4ing.y,

Section F does not presently deal with the 

requirement

under recent amendments to the Universities Act 

that stident

representatives on the board and senate be 

full-time students. However, you have informed us that 

Senate

proposes to apply the definition of "student" in 

Section

IV. F to the detSrmination of eligible student 

representatives. The current definition includes "a person 

who is presently enrolled at the university in a credit 

course 

TM

. in our opinion, a person enrolled in only a single 

credit course cannot be considered to be a full-time student 

as that term is used in the Universities 

Act.

0 0 0 S S S S • ./

2

Page 2 

Continued 

Senate is authorized to make rules in respect of elections 

that 

are not inconsistent with the Act. Since there is no 

controlling definition of a full-time student in the Act, 

senate has a degree of flexibility in establishing a 

definition but the definition adopted must be consonant 

with the plain meaning of the words adopted by the 

Legislature. Webster's Living Dictionary defines 'fulitime" 

to mean 'the length of time considered to constitute a complete 

work period' and 'full-time' to mean 'working the tu].1 

schedule of hours: opposed to part-time'. We conclude that 

senate is not entitled, under its per to make election tules to 

redefine 'full-time' to make that expression inconsistent 

with its ordinary, plain meaning. 

The important consequence of our opinion is that if an 

election were held in which persons who were not truly full- 

time students appear on the ballots, that election would be 

invalid and doubt would be cast upon. all 

proceedings taken 

by the body in which those improperly elected took part. 

While each individual taking part in such proceedings and 

acting 

in

good faith might be protected from personal legal 

liability under section 84 of 

the

Act, this provision would 

not apply to 'cure" 

defective 

proceedings as described above. 

We believe that senate should adopt a 

definition 

of 'full- 

time student' for the purpose of determining eligible student 

representatives to the board and senate. In developing a 

definition in this context, reference could appropriately be 

made to the definitions adopted in other university contexts. 

For example, we understand that the l4inistry of Education 

has adopted a definition for its purposes and that Revenue 

Canada, Taxation has adopted a definition for the purpoiee of 

the Income Tax Act. While these definitions are not controlling, 

they illustrate 

the views of other 

bodies as to the meaning 

of

"full-time', 

and may be of assistance to senate in developing 

a definition for the purposes of student representatives to the 

board and senate. 

Yours very truly, 

SHRUI4, LIDDLE & HEBENTON

Sholto Hebenton 

SH/rl 

(

r,

q II 

— ?

r '

Jji..Es oF

cr'o,iJ iV-

F. ? 

Students; Student Association 

1. For the purposes of nominations and voting in the election 

of students to the Senate and to the Board: 

'Student' means a person who is presently enrolled at the 

university in a credit course or who is designated by resolution 

of the Senate as a student; for the purposes of these elections 

for undergraduate students it includes 

i)

Those registered in a credit course or courses in the 

semester in which nominations are due, or 

ii)

Those in good standing who were registered in a credit 

course or courses in the immediately previous semester who 

certify that they intend to-register again 

at Simon Fraser 

University before missing two consecutive 

registrations. 

( ?

For the purposes of these elections for 

graduate students it 

includes any student duly registered as a graduate student other 

than one who currently 

is designated 

with "on 

leave" 

status. 

'Student Association' means all full-time students who are members 

of the alma mater society or the graduate student society of the 

university:- for the purposes of the elections to Board and to 

Senate it shall be deemed to consist of those 

students defined 

above. 

2. A candidate's eligibility to continue to hold 

office 

as a 

representative of students on the Board of Governors or on Senate 

requires the following: 

1) Must not miss more than one registration during the one 

year term of office. 

ii) Must not withdraw from the University or be required to 

withdraw from the 

University. 

SiMON FRASER UNIVERSITY

MEMORANDUM

6.7s-/2 A

,

To

........SENATE 

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....................................................... 

Formerly12 

From

SENATE COMM.TTEEON 

now adjust.to 

Feb.21, 1978 with 

AGENDA AND RULES 

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change to page 5, 

444'

Subject NOTICE..

O' MOTION_-.

.PRQPQ . SED 

?

DECEMBER 

22 .1977 

......... 

ADJUSTMENT TU 6EMUZ 

JUJO - ?

ELECTIONS - NOT FOR

DISCtJSSK 

General Background Information 

Prior to 1974, under the then-existing provincial legislation, 

the S.F.U. senate had provided in a rather unique way for student 

representation on senate at this institution, with provision for 

three student senator seats. In those provisions senate also had 

set some conditions on the requirements of an individual student 

to be a candidate and to continue to hold membership on senate. 

These conditions included a requirement that the individual 

candidate for or in office continue to be registered in specified 

semesters (2 of 3) in at least a prescribed minimum course load 

and with at least that minimum throughout the specified semesters. 

Throughout the same periods at this institution the requirements 

to be a student nominator or voter were less than those for 

candidates and basically required only that the individual be duly 

formally registered as a student in certain specified semesters. 

In 1974 legislation was changed in the Universities Act and it 

technically set conditions that nominators, voters, candidates had 

to be full-time students. It was quickly ascertained through 

discussions with various bodies including government representatives 

that the impacts had not been fully intended and accommodations 

were made but with some considerable unease as to legality. 

In 1977 some adjustments to the legislation were made and those 

changes now have been proclaimed. Some adjustments to the Rules of 

Senate governing elections are required. 

II The pertinent changes to legislation are as follows, (Universities 

Act):- 

1. Section 1 - Interpretation 

"Student Association" means all full-time students who 

are members of the alma mater societyor— 

the graduate 

student society of a university. 

(full-time has been dropped from the definition.) 

. . .2 

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2.

Section 20 - The board shall be composed of fifteen 

members, as follows: 

(e) Two full-time students elected by and from the 

Student Association 

(full-time has been added to the section, and the 

wors by and, have been dropped. Similarly the words 

y_ad are dropped from section 21 (1).) 

3.

Section 35 (2) The senate of each university shall be 

composed of 

_________________

(f) a number of full-time students, equal to the 

number provided rn clauses (a) to (f), elected 

by and from the Student Association in a manner 

that ensures that at least one student from each 

faculty is elected. 

(full-time has been added to this section and the 

* ?

words yand have been dropped.) 

These changes now provide a distinction between those who 

can make nominations and/or vote and those who can be candidates 

for or members of the Board or of Senate. Nominators/Voters 

need not be full-time, nominees/members need be. 

(UVIC has received legal-opinion that to be a candidate and 

to continue in office the individual must continue to be full- 

time in the pertinent periods.) 

III There are a number of differing definitions that are applied to 

full-time students, for differing purposes, e.g. 

full-time equivalents 

?

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15 semester hours is used 

full-time student 

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12 semester hours is used by 

?

agreement with Stats Can. and for certain 

Ministry of Education reports. 

full-time through full course fee 

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12 semester hours was 

used and is still used by UBC for many faculties 

full-time for Canada Student Loan and B.C. 

p rovincial Grant 

purposes ? 

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9 semester hours is used (60% of full- 

course program.) 

Full-time for Revenue-Canada (Taxation) for $50 monthly exemptions 

-

?

10 hours weekly is applied. 

Discussion has been held with Ministry of Education officials 

pertaining to the changes and intent, noting the provincial 

use for grant-in-aid purposes of full-time definition of 9 semester 

. hours minimum, with assurances that use of this or higher value 

would be taken as falling within the intent. UBG' and UVIC will 

use 12 hours as minimum. 

6 ?

S ?

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3

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MOTIONS 

1.

That Senate approve change to the Rules of Senate by deleting 

the present section IV. F and substituting a new section IV. F 

as described in appendix I herewith. 

If motion 1 is approved 

2.

(a) That the new rules of senate adopted through motion 1 

first be applied for the regular elections to the Board 

and to Senate being held in Spring 78-1, and thereafter. 

(b) That the new rules not be applied to those persons now 

holding membership on the Board or Senate with term of 

office ending May 31, 1978. 

a

Explanatory Notes: 

Regular amendments to the rules of Senate are governed by the 

rules, section VIII, Method of Amending which stipulates:- 

Alterations of these Rules of Senate shall require written notice 

at a regular meeting of Senate prior to the meeting at which a 

vote on the proposed alteration is taken, which vote shall 

require an affirmative vote by two-thirds of the voting members 

present to carry. 

It is intended that Notice of Motion be given at the January 1978 

meeting of Senate, with voting to occur at the February meeting. 

The rules to be applied need be known at that time to permit 

completion of the extensive Spring 1978 elections by the dates 

stipulated in rules. 

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APPENDIX I 

IV.F. Students: Student Association: Full-Time Students 

1. For the purposes of making nominations and/or voting in the election of 

students to the Senate or to the Board: 

'Student' means a person who is presently enrolled at the university in 

a credit course or who is designated by resolution of the Senate as a 

student; for the purposes of these elections for undergraduate students 

is includes 

i)

Those registered in a credit course or courses in the semester in 

which nominations are due, or 

ii)

Those in good standing who were registered in a credit course or 

courses in the immediately previous semester who certify that they 

intend to register again at Simon Fraser University before missing 

two consecutive registrations. 

For the purposes of these elections for graduate students it includes any 

student-duly registered as a graduate student other than one who currently 

is designated with, "on leave", status. 

'Student Association' means all students who are members of the alma mater 

society or the graduate student society of the university:- for the purposes 

of making nominations or voting in the elections to Board and to Senate it 

shall be deemed to consist of those studenis defined above. 

2. For the purpose of being a candidate in the election of full-time students 

to the Board or to Senate the undergraduate student must fulfil the condi- 

tions in F 1(1) and be registered in 9 or more semester hours credit or 

must fulfil the conditions in F 1(u) and have been registered in 9 or more 

semester hours credit at the close of the semester and certify that he/she 

intends to register in the immediately forthcoming semester in not less than 

9 semester hours. A graduate student must be duly registered as a graduate 

student other than one who currently is designated with on-leave status. 

3. A candidate's eligibility to continue to hold office as a representative of? 

students on the Board of Governors or on Senate requires the following: 

ij Must not miss more than one registration during the one year term of 

office. 

ii) Must not withdraw from the University or be required to withdraw from 

the University. 

.

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?

.

If an undergraduate student then must remain registered in an 

Average of at least 9 semester hours credit in two of the three 

semesters associated with the one-year term of office, and in 

not less than 6 semester hours in each of those two semesters. 

If a graduate student must continue to be so registered through- 

out the period of office. 