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Simon Fraser University

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S.12-123

SFU

BOARD OF GOVERNORS

attention

Senate

1FROM

Valerie Rodden, Board Assistant

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j RE

Board Election Rules (Revised

May

28, 2012)

DATE

June 20, 2012

The attached Board Election Rules, revised May 28, 2012, were approved by the Board

of Governors on May 31, 2012 and are now forwarded to Senate for consideration on

July 9, 2012:

That Senate approve the attached Board Election Rules, effective

immediately.

/vr

attachment

J. Osborne, Vice-President, Legal Affairs and University Secretary

J. Hinchliffe, Assistant Registrar

S. Gair, Senate Assistant

SIMON FRASER UNIVERSITY

engaging the world

Attached Revision Recommended by Committee May 28, 2012

Committee Recommended (Mayl5/12)

6.B

Board to Approve

SIMON FRASER UNIVERSITY

FOR APPROVAL BY THE BOARD OF GOVERNORS

BOARD ELECTION RULES

May 16,2012

Motion:

"That the Board approves and recommends to Senate the Board

Election Rules, attached."

Background:

The rules for the election of faculty, student and staffmembers to the Board

of Governors are presently merged with the Senate election rules. The latter

are currently being updated, making this an opportune time to separate out

the election rules for each body and also update the Board election rules to

conform with recent changes to the

University

Act that impose certain

limitations on those eligible to serve as elected members. Regarding student

Board members, the Act stipulates that there shall be two student members

who must be members ofeither the undergraduate student society or the

graduate student society. These revised rules provide that one student

member shall be an undergraduate and one student member shall be a

graduate student.

Submitted by:

mszstaQsei

Judim

Judith Osborne

Vice-President, Legal Affairs & University Secretary

I concur and recommend to the Board:

'etter

ident and Vice-Chancellor

Revision: Recommended to the Board by Governance Committee May 28,2012

SIMON FRASER UNIVERSITY

Board of Governors

The Board of Governors is the senior governing body at Simon Fraser University constituted

under the University

Act The overall responsibility for the business of the University

(property, revenue

and policies) is vested in the Board.

ELECTION RULES

Elections for the Board of Governors

That subject to approval of appropriate rules covering nominations, elections,

and voting:

The nomination and election of members to the Board of Governors

under the University Act be undertaken in the Spring academic term, and

completed by April 15th.

The normal date of assumption of office in the regular elections to the

Board of Governors shall be June 1st

In order to be nominated, the individual must be eligible to hold the

position being sought

The term of officefor student members is one year. The term of officefor

faculty members is three years.

The term of office for employees of the

university who are not faculty members is 3 years.

Nominations

All nominations of candidates for membership on the Board of Governors as

faculty members shall be signed by

not less than five members entitled to vote in

the particular election.

All nominations of candidates for membership on the Board of Governors as an

undergraduate

student shall be signed by not less than five undergraduate

students entitled to vote in the particular election.

All nominations of candidates for membership on the Board of Governors as a

graduate

student shall be signed by not less than five graduate students entitled

to vote in the particular election.

All noniinations of candidates for membership on the Board of Governors being

elected by and from employees of the University who are not faculty members

shall be signed by not less than five members entitled to vote in the particular

election.

The nomination paper must be signed by the candidate who shall state that

he/she is eligible to hold office and willing to permit his/her name to stand in

the election, or on written enquiry from the Registrar, the candidate must

indicate he/she is willing to stand.

Each candidate for election to the Board of Governors shall be requested to

provide a short curriculum vitae and a statement of interest on the candidate's

views on related matters falling under the jurisdiction of the Board as laid down

by the University Act. The combined information is limited to one page of single

spaced copy. Photos will not be included.

Students and Student Association

For the purposes of nominating, voting and standing for office in the election of

students to the Board of Governors:

i) the Simon Fraser Student Society is the undergraduate student

society, and

ii) the Graduate Student Society at Simon Fraser University is the

graduate student society

(See

University Act,

Part 7, Section 35h))

"undergraduate students" means those who are members of the Simon

FraserStudent Society and who also:

i) arein good academic standing and are registered in at least one credit

course in the academic term in which nominations are due, or

ii) are registered in a co-op work term in the academic term in which

nominations are due, or

iii) are designated by the Registrar and reported to Senate as an

undergraduate student; and

"graduate students" means those who are members of the Graduate

Student Society at Simon Fraser University and who also:

i) are duly registered as graduate students in the academic term in

which nominations are due, or

ii) are designated by the Registrar and reported to Senate as a graduate

student

Page 2 of 8

Undergraduate students are eligible to be nominated and stand for election as

one of the two student members of the Board of Governors.

Graduate students are eligible to be nominated and stand for election as one of

the two student members of the Board of Governors.

During the one-year term of office as a student member of the Board of

Governors undergraduate students and graduate students:

must maintain registered status at the University for at least two

academic terms,

must not withdraw, or be required to withdraw, from the University.

Faculty Members

For the purposes of nominations and elections to the Board of Governors by and

from

faculty members,

only faculty members (or designated electoral

equivalent) employed in a manner deemed to be of a continuing engagement

nature shall be entitled to nominate, stand as candidates and to vote in the

pertinent faculty member elections to the Board. This means only those holding

the following appointments: tenure-track instructor, assistant professor, associate

professor, or professor; or continuing lecturer, senior lecturer, laboratory

instructor, or professional librarian.

This does not include Faculty Associates, visiting or adjunct faculty members,

teaching assistants, tutor markers, language instructors, sessional lecturers,

sessional instructors and non-credit instructors. It also does not include post

doctoral fellows, research assistants, research associates or persons funded on

external research grants.

Continuing Part-time

Continuing part-time tenure-track and tenured faculty (instructors, assistant

professors, associate professors and professors and continuing lecturers, senior

lecturers, laboratory instructors and professional librarians with appointments of

50% or greater shall be granted the same rights as full-time colleagues holding

the same rank to nominate, stand for election and vote in the elections to the

Board of Governors.

Limited Term

Limited term faculty members holding full-time appointments for more than one

year or who have two or more consecutive one-year appointments may stand for

election and vote in elections to the Board of Governors.

Continuing Employees who are not Faculty Members

Page 3 of 8

For the purposes of nominations and elections to the Board of Governors by and

from

employees of the University who are not faculty members,

all persons

holding employment as professional, administrative and support staff or non-

academic staff shall be entitled to nominate, stand as candidates and to vote in

the pertinent elections only if the employment position held is likely to be of a

continuing engagement nature. This includes CUPE, APSA, Poly-Party, and

Excluded staff, as well as research associates (R50.01), and Program Coordinators

in the Faculty of Education (A12.06.)

This does not include Faculty Associates, visiting faculty, teaching assistants,

tutor markers, language instructors, sessional lecturers, sessional instructors and

non-credit instructors. It also does not include post-doctoral fellows, research

assistants, research associates or persons funded on external research grants.

A person, who has been an employee of the University other than a faculty

member for more than three consecutive academic terms but who does not have

any other entitlement to vote for a member for the Board of Governors, may

request in writing from the Registrar that he/she be permitted to be a candidate

and/or to vote in the election to the Board of Governors by and from members of

staff who are not faculty members. Such request shall be authorized provided

service is continuing and has remained continuous over not less than the three

previous consecutive academic terms.

Continuing Part-time

Part-time continuing support staff (CUPE, APSA, Poly-Party, and Excluded)

with appointments of

50% or greater, shall be granted the same rights as full-

time colleagues holding the same type of appointment, to nominate, stand for

election and vote in elections to the Board of Governors.

F..

General Regulations Covering Nominations and Voting

The due date for nominations shall be not earlier than ten days and not later than

fifteen days following the date of the callfor nominations in the case of elections

by and from faculty members, by and from students, and by and from members

of staff who are not faculty members.

The 'date of election' shall be interpreted to mean the last date on which valid

ballots are due.

The period for casting online ballots shall be not less than two days nor longer

than four days in the caseof elections by and from faculty members and by and

from members of staff who are not faculty members. The period for casting

online ballots shall be not less than two days nor longer than five days in the case

of elections by and from students.

Page 4 of 8

Inthe regular elections to the Board of Governors, balloting is to be completed no

later than April 15th in any year.

General Regulations

When elections are being held for the Board of Governors and for Senate

a qualified candidate may accept nomination to run for office in both

those elections.

Candidates may not run for a seat on the Board of Governors from more

than one constituency.

In the election of a faculty member to the Board of Governors, the faculty

member with the highest numbers of votes shallbe elected.

In the annual election of students to the Board of Governors, there shall be one

undergraduate student elected by undergraduate students and one graduate

student elected by graduate students.

If there is a tied vote between two candidates for one position, the winner shall

be determined by a toss of the coin conducted by the Registrar at a time set by

the Registrar and in the presence of the affected candidates or their

representatives. Where there are more than two candidates tied for one position

there shall be an additional ballot to choose between the persons concerned.

At the end of the balloting period, the Registrar shall, at the place, day and hour

fixed in the notice of election, be responsible for opening printed ballots or for

the download

of online ballot results and, in the presence of the candidates or

their representatives as officially attend, the counting/tabulation of votes for

each candidate.

The Registrar shall state the name of the persons elected. Recount of printed

ballots or complaints concerning electronic ballot tabulation may be

requested/submitted within ten days of the announcement

of the results to the

candidates. The ballots/electronic data shall be destroyed after ten days

following the recount period. All candidates declared elected are to be recorded

in the Minutes of the Board and reported to Senate. The Registrar is to inform all

candidates of the number of votes cast for each candidate.

Vacancies

Where a vacancy arises in the case of an elected faculty member, an elected

student member, or an elected employee of the University who is not a faculty

member to the Board of Governors, a by-election will be held under the same

principles as pertain to the regular election provided there is at least four months

remaining in the unexpired term at the time for call for nominations.

Page 5 of 8

The Senate Electoral Standing Committee oversees the conduct of elections to the Board

of Governors.

The following are extracts from the University ActofBritish Columbia

Composition of Board

(1)The board of a university, other than the University of British Columbia, is composed

of 15 members as follows:

(a) the chancellor;

(b) the president;

(d) 8 persons appointed by the Lieutenant Governor in Council, 2 of whom are to

be appointed from among persons nominated by the alumni association;

(e) 2 students elected from students who are members of an undergraduate

student society or a graduate student society;

(f) one person elected by

and from the employees of the university who are not

faculty members.

Term of office

(1) Each member of the board elected under section 19 (1) (c) and (f) and (2) (c), (d), (h)

and (i) holds officefor 3 years and after that until a successor is elected.

(1.1) Each member of the board appointed under section 19 (1)(d) and (2)(e)holds office

for a term of up to 3 years and after that until a successor is appointed.

(2)Each member of the board elected under section 19 (1) (e) or (2) (f) or (g) holds office

for one year and after that until a successor is elected.

(3) The chancellorand president are membersof the board for so long as they hold their

respective offices.

Reappointment or re-election

The appointed members of the board are eligible for reappointment and the elected

members are eligible for re-election, but those membersmust not hold office for

more than 6 consecutive years.

Removal from office

(1) The Lieutenant Governor in Councilmay, at any time, remove from office an

appointed member of the board.

Page 6 of 8

(1.1) Despite section 19, the Lieutenant Governor in Council may, on a resolution passed

by the voteof at leasta 2/3 majority ofthe members oftheboard, remove from office a

member of the board elected under section 19 (1) (c), (e) or (f) or (2) (c), (d), (f), (g), (h) or

(i) if the board is satisfied that the person should be removed for cause.

(2) Unlessexcused by resolution of the board, a member who does not attend at least

half of the regular meetingsof the board in any year is deemed to have vacated

his or her seat.

Persons not eligible

23 (1) The followingpersons are not eligible to be or to remain members of the board:

(a) members of the Parliament of Canada;

(b) members of the Executive Council or of the Legislative Assembly;

2006-15-45.]

(d) a member of the public service in the ministry;

(e) a member of the public service designated by the minister.

(f) [Repealed 2003-48-32.]

(g) a person who is an employee of the university and who is a voting

member of the executive body of, or an officer of, an academic or non-

academic staff association of the university who has the responsibility, or

joint responsibility with others, to

(i) negotiate with the board, on behalf of the academic or non-

academic staff association of that university, the terms and

conditions of service of members of that association, or

(ii) adjudicate disputes regarding members of the academic or

non-academic staff association of that university.

(2)A member of the board who ceases to be eligible during his or her term of

office immediately ceases to be a member of the board.

Vacancies on the board

(1)If a vacancy arises on the board because of the death of a member or for any other

reason before the end of the term of office for which a member has been

appointed or elected, the secretary of the board must enter a declaration of the

vacancy in the minutes of the board.

(2) A declaration under subsection (1) is conclusive evidence of the vacancy.

Method of filling vacancies and effect of vacancy

(1) If a vacancy exists in respect of an appointed member, the Lieutenant Governor in

Council must appoint a person to fill the vacancy.

(2) If a vacancy exists in respect of an elected member, the appropriate body must elect a

replacement

Page 7 of 8

(3)A person appointed under subsection (1) or elected under subsection (2)holds office

for the remainder of the term for which the person's predecessor was appointed

or elected.

(4)A vacancy on the board does not impair the authority of the remaining members of

the board to act.

Rules for elections

43 (1) The senate must make and publish all rules necessary and consistent with this

Act in respect of nominations, elections and voting.

(2) The registrar must conduct all elections that are required.

Page 8 of 8