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SIMON FRASER UNIVERSITY

S-158

•

MEMORANDUM

To ..............Senate..

Subject.. Report ..on ... Faculty ... C ounc-il .................................

Procedures - Paper S. 158

From

......................... (..St.r.and ................................ ...............................

....................... Acting

... President ................. ....................... .....

Date........................O.ct.o.be.r..4 ...... 19.68 ......................................... .....

14733-PC

1. Terms of Office and Present Membership

"There shall be a Faculty Council of each University, which

shall consist of the President, who shall be Chairman, the Deans,

the Librarian, the Registrar, who shall be Secretary, and at least

five or such greater number of the members of the Faculties as the

Faculties in joint meeting may determine and to be elected by the

Faculties either in joint meeting or in such manner as the Faculties

in joint meeting may by regulation determine." (Universities Act #25)

Acting President, K. Strand

Dean of Education, Dr. A. R. MacKinnon

Dean of Science, Dr. B. L. Funt

Dean of Arts

Librarian, Mr. D. Baird

Registrar, Mr. H. Evans

Faculty of Arts representatives: A. Grants, Philosophy

M.E. Eliot-Hurst, Geography

Faculty of Education representatives: W. L. Davies, Athletics

T. J. Mallinson, Communications

Faculty of Science representatives: J. F. Cochran, Physics

F.J.F. Fisher, Biology

(The term of office of the Arts, Education and Science representatives

ends on 30 September, 1968 - term of office of elected members of

Faculty Council is 3 years)

•

Comment: Elections are required-,staggered

terms might be

desirable.

2_ Procedures - Regarding procedures, the following information seems

most relevant.

(a) On 11 September, 1967 Senate made the following resolutions:

that Senate ask Faculty Council to make a careful

study and definition of its powers and duties for the

better ordering of its procedures in the future.

(2)

that Senate invite Faculty Council to inform Senate

of its procedure with the understanding that "inform"

means "to keep informed".

(b)

Paper FC-15 which stemmed from a meeting of Faculty

Council held February 16, 1968, resulted in the Dean of Arts being

instructed to draft a paper concerning procedures. This paper is attached.

(c)

A Faculty Council Meeting held April 22, 1968 passed the.

following resolution:

"Resolutions from Senate" - It was agreed that the Registrar

would check with the University Solicitor the points raised in

Paper FC

15, and then forward the paper to Senate with a

report that Faculty Council with the approval of Senate has

established a Student Society; that it has under consideration the

formation of a separate Graduate Student Association; that it has

not yet found a way of establishing a viable Student Court and feels

that this is unlikely to be in the manner practisedat UBC as UBC

is highly dependent on senior law students.'

(d)

Comments on FC-15 by University's lawyers (attached)

Comment: The reply by the lawyers has not been discussed by

Faculty Council as there has been no formal

meeting

of that

body in recent months.

CONCLUSION

My Intentions are:

(i)

To have elections conducted

(ii)

After elections are completed, to hold a joint meeting of

incoming and outgoing members at which time FC-13, FC-15,

and the Lawyers' reply can be discussed.

(iii)

To hold a meeting of the i'new" Faculty Council. to discuss

SIMON FRASER UNIVERSITY

MOACDUI

Paper PC-15

Chairman 

?

John Mat-thews, Dean 

Faculty Council 

. ?

Faculty of Arts 

M1Ie!

Report on the wording of the 

Date 

?

,......,... 

Universities Act. 

At the meeting of Faculty Council on 30th November, 067, 

It was agreed that I should study the wording of the Act and report to 

Faculty Council. I have done this and I report asfollows: 

Section 25. Constitution. ? 

It Is clear that Joint Faculty is given the 

power to orovide for its own members a voting majority over ex officio 

members of 

the

Council. 

Section 61 (I.b). All rules and regulations i.e. legislative decisions 

w

ith

respect to student discipline must be approved by Senate. 

Disciplinary action i.e. judicial and executive decisions 

with respect tostudents is subject to an appeal to Senate; also 

(Section 58 (2)) to the President's summary powers in 'any matter of 

student discipline; The President has to report any such action to 

Faculty Council and state his reasons for the action. 

Section 610.0. 

?

Faculty Council has absolute iower to delegate and to? 

withdraw disciplinary powers from a Students' Court. The organization 

of the Court is left open. The Council's power Is in (a) permitting a 

• ? 

court to be orqanizedsubject to the apDroval of Senate and (b) deciding 

which of its own powers to delegate. 

The real power of Faculty Council over the Court, once 

permission has been granted 9 

rests in its right to refuse powers to the 

.Court should the Council disapprove of the organization or of the Court's 

proceedings subsequently. 

Failing any other customary definition of a students' court 

the title suggests that it should consist of students or at least th)t the 

students should decide upon its organization, subject in practice, because 

of the snction mentioned above, to approval by Faculty Council. 

Section 610.0. 

?

Faculty Council has a duty 

1 with Senate's consent, to 

arrange for students to elect a representative body 

9

mainly for the purpose 

of communicating with Faculty Council and the Senate on behalf of the 

• students through the President; and to decide what Dowers of government 

shall be given to such body with respect to the conduct of students. 

• ? 

The distinction between this and the Students' Court is not 

only between a power and a duty but that this representative body would be 

qiven legislative powers,and the Student Court judicial and executive powers. 

Section 61(l.e). Faculty Council may be assigned jpecif Ic tasks by Board, 

Senate, President, or Faculties. This does not include additional powers or 

duties. 

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Section 61(2). Faculty Council cannot grant away any powers beyond thoso.'set,./' 

5 04

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,ve24d41 

(J • P

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To Chairman of Faculty Council, page 2. 

out under 61(l.b) and cannot restrict the rights of the Individual student. 

Section 62. The appeal allowed against any decision of Faculty Council 

would apply to rules and regulations under Section 61 (l.b) should such 

aggrieve any person. 

On the original question of reporting procedures to Senate 

It would seem that this action would arise (a) in getting approval of 

legislation and (b) In reporting to Senate In 

the

hoarinci of any appoal. 

..'

JM:els 

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May

21

1 1968 

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C)r7:;;.

• Office of the Registrar 

Simon Fraser University 

Burnaby 2, B. C. 

Attention: Mr. D.A. Meyers, Acting Registrar 

Dear Sirs: 

You have asked for my comments and interpretation 

• ? 

on the paper prepared 

Dean. Matthews relating to the 

powers and duties of the Faculty Council. I agree with 

Dean Matthews and have 

nothing

to add to his comments on 

sections 25, 61 (1) (b), 61 (1) (e) and 62 of the 

. ?

Universities Act. However, some further elaboration 

might be helpful with respect to his comments on other 

sections. 

Dean Matthews' comments on Section 61 (1) (c), 

as far as they go, are unassailable. Nevertheless, he 

might have added that all the powers referred to in that 

section are subject to the approval of Senate. Though Dean 

Matthews does not specifically deny the Senate's authority 

his reference to it only in conjunction with the organiza- 

tion of the Students' Court might lead one to infer that 

the Faculty Council's freedom of action in the other areas 

is unfettered. ? • ? 

-

Secondly, in his comment on section 61 (1) (d) 

Dean Matthews refers to the "duty" of the Faculty Council 

to arrange for a representative body of students. Possibly 

he reached this conclusion 

comparing the different 

wording ("to make provisions") containedin this section 

with the wording ("to permit") contained in the preceding 

section. The controlling language more likely is contained 

in the principal part of section 61 which states "Faculty 

Council has the power". In my 

opinion

Faculty Council 

does not have a duty to arrange for students to appoint or 

elect such a representative committee;. 

I think 

such a step 

remains optional. 

..

0 0

2

.

M

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-2-

With respect to section 61 (2), it would perhaps 

be clearer to say that the Faculty Council may not grant 

away the powers and rights of the other named constituent 

parts of the University and cannot impair the right of a 

student to complain through the President about a matter 

in

which the student himself is aggrieved. 

Finally, of the other sections in the Universities 

Act mentioning the Faculty Council, two have some minor 

relevance. Section 64 repeats the provision of section 

61 (1) (b) that rules and regulations of the Faculty 

Council must be approved by the Senate. And Section 65 

entitles the Faculty Council to advise the President on 

any academic 

or

disciplinary matter affecting the interests 

of

the

University. 

Yours truly, 

SHRUM, LIDDLE & HEBENTON 

Sholto 

Hebenton 

SH/ib 

c.c. Donald H.M. 

Ross, Esq., Bursar 