News & Updates

September 29, 2014

UPDATE – PROPOSED POLICY #34 (APPOINTMENT AND EXTENSION OF APPOINTMENT OF ADMINISTRATIVE VICE-PRESIDENTS)

The University has recently commenced a search for a Vice-President Finance, Resources and Operations. As this position would have fallen within the scope of proposed Policy #34, the development of proposed Policy #34 will be suspended until after the search has been completed to avoid creating confusion in the community between the current search and proposed Policy #34. All comments received in response to the Call for Comments will be retained and considered by the Policy #34 Development Committee when it reconvenes.

August 28, 2014

WELCOME TIFFANY FAN

The Office of the University Counsel is delighted to welcome Tiffany Fan as our new Freedom of Information Assistant. Tiffany will be working closely with Courtney Waverick, Freedom of Information Specialist and reporting to Paul Hancock, Access and Privacy Manager. Tiffany has been with Scotiabank for the last couple of years in customer support. She is an alumnus of UBC, with a BA in Sociology (major) and English literature (minor). During her university years, she also worked with Access and Diversity as a program assistant.

August 18, 2014

ARTICLE: HOW THE CANADIAN ANTI-SPAM LEGISLATION APPLIES TO US INSTITUTIONS

http://www.insidehighered.com/news/2014/07/09/us-institutions-may-run-afoul-new-canadian-anti-spam-law#sthash.eDsooHtx.ZDHEi6fr.dpbs

July 11, 2014

OFFICE OF THE UNIVERSITY COUNSEL SEEKING PARALEGAL

The University of British Columbia is seeking an experienced and enthusiastic individual to fill the role of Paralegal in the Office of the University Counsel. Please note that this is a one year maternity leave replacement.

The Paralegal is responsible for ensuring the University’s compliance with a variety of deadlines and correspondence obligations via legal tracking systems. This position also provides professional advice to academic and administrative departments, faculty and staff members, and the general public regarding a variety of issues related to contracts and trademarks.

If you are interested in this position, you can view the full job description (Job ID 18789) at the following link http://universitycounsel.ubc.ca/files/2014/07/Office-of-the-University-Counsel-UBC-Paralegal-Job-Description.pdf and submit your cover letter and resume by email to: university.counsel@ubc.ca.

July 2, 2014

UBC SEEKING FREEDOM OF INFORMATION ASSISTANT

The Office of the University Counsel is currently recruiting for a Freedom of Information Assistant position. Please see the attached advertisement for more information:

June 30, 2014

CANADIAN ANTI-SPAM LEGISLATION

You have probably noticed that you are receiving emails from businesses and other entities asking for your consent to receive commercial electronic messages. This is due to the implementation on July 1 of the Canadian Anti-Spam Legislation (CASL), which prohibits the sending of most commercial electronic messages without the consent of the recipient.

UBC sends numerous electronic messages on a wide variety of issues, but fortunately the CASL does not apply to most of these messages. Any messages that are purely informational, or relate exclusively to the “core activities” of UBC, do not fall under the scope of the CASL because they are not “commercial” in nature. Examples of “core activities” that are exempt from the CASL are student recruitment, teaching, and research. Also, messages sent for the primary purpose of raising funds for UBC are not subject to most of the requirements in the CASL. Therefore, it is not necessary for you to ask for consent to send these types of messages.

Of course, UBC is not entirely exempt from the CASL. Some of UBC’s electronic messages do contain commercial content that is subject to the CASL, such as advertisements for goods and services provided by third parties. Therefore, it is important for you to review your electronic messages to determine whether any of them may be subject to this legislation. Please refer to the informational materials posted on the University Counsel web site here: http://universitycounsel.ubc.ca/access-and-privacy/casl/. If you have questions after you have reviewed these materials, you should contact the Access and Privacy Manager, who is available via e-mail at access.and.privacy@ubc.ca.

If your unit will be impacted by the CASL, you may also arrange for our Access and Privacy Manager to deliver a presentation or training session. Advice and/or presentations have already been provided to:

  • Faculty of Arts (School of Music);
  • Faculty of Science (Departments of Computer Science and Zoology);
  • Faculty of Medicine (Continuing Professional Development);
  • Faculty of Pharmaceutical Sciences;
  • Faculty of Education;
  • Faculty of Law;
  • Sauder School of Business;
  • School of Nursing;
  • Development and Alumni Engagement;
  • Campus Communicators Network;
  • Human Resources (Faculty-Staff Housing & Relocation Services);
  • Information Technology;
  • UBC Press;
  • Centre for Teaching & Learning Technologies;
  • Sustainability Office;
  • Peter Wall Institute for Advanced Studies; and
  • Canadian Institute for Extractives and International Development.

June 13, 2014

CALL FOR COMMENTS – PROPOSED POLICY #34 – APPOINTMENT AND EXTENSION OF APPOINTMENT OF ADMINISTRATIVE VICE-PRESIDENTS

The UBC community is invited to comment on proposed Policy #34 (Appointment and Extension of Appointment of Administrative Vice-Presidents).

Currently, joint Senate and Board Policy #18 – Appointment of Designated Senior Academic Administrators, and Board Policy #24 – Extension of Appointments for Designated Senior Academic Administrators establish selection processes for certain designated senior academic administrators, including the Vice-President Academic and the Vice-President Research & International. No Board policy exists for the appointment of other Vice-Presidents. Proposed Policy #34 will establish open selection processes for the appointment and extension of appointments of administrative Vice-Presidents that are consistent in principle with that for academic Vice-Presidents. In doing so, it will reinforce and support UBC’s Place and Promise commitments to outstanding work environment by ensuring appropriate policies are in place to recruit first choice applicants and retain staff.

The proposed amendments to Policy #34 are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by September 26, 2014.

UBC POLICIES AND PROCEDURES UPDATES

POLICY #13 (SERVING AND CONSUMPTION OF ALCOHOL AT UNIVERSITY FACILITIES AND EVENTS)

On June 2, 2014, the Board of Governors approved the amendment of Policy #13 (Serving and Consumption of Alcohol at University Facilities and Events). This Policy was formerly called Serving and Consumption of Alcohol at University Events or on University Premises.

The amendments provide a concise, user-friendly policy that clearly establishes the governing principles and processes for hosting events involving alcohol at UBC facilities and at off-campus UBC events. They update the Policy to take into account recent legislative amendments to the provincial liquor licensing regime and provide flexibility to accommodate campus-specific circumstances.

A copy of new Policy #13 is found at http://universitycounsel.ubc.ca/files/2014/06/policy13.pdf.

May 13, 2014

CALL FOR COMMENTS – PROPOSED POLICY CONSOLIDATION: POLICY #107 – SHORT TERM USE OF UNIVERSITY SPACE, AND POLICY #98 – COMMERCIAL ENTERPRISES ON CAMPUS INTO A NEW POLICY #107 – BOOKING AND RENTAL OF UBC SPACE

The UBC community is invited to comment on the proposed Policy #107 – Booking and Rental of UBC Space, which is a consolidation and amendment of existing Policy #107 – Short Term Use of University Space, and Policy #98 – Commercial Enterprises on Campus.

The current Policies #98 and #107 concern booking and rental of space at UBC’s campuses by the UBC community and by commercial enterprises.

Since these policies were adopted, UBC has undergone administrative and structural changes and there has been an increase in the number of UBC spaces that may be booked by members of the UBC community and external parties.

The proposed Policy #107:

- combines the subject matter of Policy #98 and #107;

- defines Bookable Space as space that is made available for bookings,

- confirms the units responsible for booking Bookable Space;

- establishes generally applicable guidelines and procedures for bookings, whether for short-term (less than 4 weeks) or longer; and

- provides for greater central reporting and accountability, by:

  • requiring units to establish space-specific rate structures that must be approved centrally (by the Vice-President, Finance, Resources and Operations); and
  • requiring units to establish space-specific guidelines and procedures that must be approved by the head of the unit.

The proposed Policy #107 is now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by June 16, 2014.

April 28, 2014

UBC POLICIES AND PROCEDURES UPDATES

POLICY #47 (CHAIR, PROFESSORSHIP AND DISTINGUISHED SCHOLAR HONORIFICS)

On April 14, 2014, the Board of Governors approved the amendment of Policy #47 (Chair, Professorship and Distinguished Scholar Honorifics). This Policy was formerly called the Chairs and Professorships Funded by External Funds Policy.

The amendments represent a fundamental overhaul of UBC’s approach to academic honorifics. The emphasis on making selections merit-based, enhancing the capacity of our very best and brightest by providing them with additional resources to support their work, and establishing a strong basis for financial sustainability, all combine to establish a powerful foundation for re-invigorating the prestige of the honorifics conferred by UBC.

A copy of the new Policy #47 is found at http://universitycounsel.ubc.ca/files/2014/04/policy47.pdf.

April 22, 2014

UBC POLICIES AND PROCEDURES UPDATES

POLICY #31 (Total Compensation for Executive Officers, Management Officers, Service Unit Directors Excluded from AAPS, and Staff Members who are Excluded From or Not Represented by a Union or Association)

On April 14, 2014, the Board of Governors approved the amendment and consolidation of Policies #31 (Executive Compensation), #32 (Compensation for Management Officers), #33 (Management Compensation – Service Unit Directors Excluded from AAPS), and #63 (Non-Union Staff Salaries) and the repeal of Policies #40 (Extra Work – Management and Professional Staff) and #55 (Department Responsibility to Maintain Staff Attendance Records).

A copy of the new Policy #31 (Total Compensation for Executive Officers, Management Officers, Service Unit Directors Excluded from AAPS, and Staff Members who are Excluded From or Not Represented by a Union or Association) is found at http://universitycounsel.ubc.ca/files/2014/04/policy31.pdf.

These amendments articulate a consistent set of principles to ensure that UBC has processes and supports in place to recruit first-choice applicants for staff and faculty position and increase linkages between performance and academic priorities, administrative effectiveness, and the budget framework.

The consolidation and repeal of these policies reduces the total number of UBC Board of Governor’s policies by five, which is a substantial contribution to UBC’s overall efforts to streamline its regulatory environment. UBC currently has 92 policies, down from about 125 policies a few years ago.

April 16, 2014

UBC POLICIES AND PROCEDURES UPDATES

POLICY #111 (Internal Audit, Investigations, and Financial Whistleblower)

On April 14, 2014, the Board of Governors approved the new Policy #111 (Internal Audit, Investigations, and Financial Whistleblower) and repealed both Policy #111 (Internal Audit) and Policy #118 (Whistleblower). A copy of the new Policy #111 (Internal Audit, Investigations, and Financial Whistleblower) is found at http://universitycounsel.ubc.ca/files/2014/04/policy111.pdf. A summary of the material provisions contained therein are set forth below.

The Director of Internal Audit requested a review of Policy #111 (Internal Audit) and Policy #118 (Whistleblower) to ensure that they properly reflected UBC’s commitment to financial transparency and accountability throughout its operations and defined Internal Audit’s non-audit investigations mandate, responsibility and authority. This revision process was initially informed by input from Internal Audit and an in-depth review of comparable policies at UBC’s peer institutions in Canada and the United States. The Office of the University Counsel then constituted a Policy #111 Review Committee to consider and advise on the creation of the new Policy #111, then engaged in a public consultation process.

The material provisions to the new Policy #111 (Internal Audit, Investigations, and Financial Whistleblower) include:

(a)  expanding Internal Audit’s mandate into preventing and investigating allegations of improper financial activity; providing an effective and safe disclosure reporting processes; and promoting ethical financial conduct by UBC staff, faculty and students;

(b)  clearly identifying examples of improper financial activity in order to empower UBC staff, faculty and students to self-govern their activities and to identify and report activities in contravention of the Policy;

(c)  expressly conferring stewardship responsibility and whistleblower protection upon all UBC members whether they are faculty, staff, or students, whereas the old Policy #118 (Whistleblowers) only provided whistleblower protection to UBC employees;

(d)  granting additional guidance and directives with respect to appropriate reporting procedures and Internal Audit’s broader investigative role;

(e)  citing specific examples of unpermitted acts of retaliation against UBC members who have made a good faith report (e.g., termination, suspension or any action that adversely affects the employment or learning environment of a UBC member), so UBC members can be confident that UBC is committed to protecting all good faith disclosures; and

(f)  recognizing that UBC will maintain the confidentiality or anonymity of any whistleblower, subject to UBC’s obligation to disclose information as may be required by law, to reflect the reality of UBC’s various, and at times competing, legal obligations.

The Office of the University Counsel and UBC Internal Audit have also developed a “UBC Stewardship Statement” and a simple portal identifying the various other UBC policies that also include compliance, reporting, and investigation protocols. The statement and portal can be found at the following link: http://universitycounsel.ubc.ca/ubc-stewardship-statement.

April 7, 2014

WELCOME COURTNEY WAVERICK

We are delighted to welcome Courtney Waverick as UBC’s new Freedom of Information Specialist, reporting to the Access and Privacy Manager in the Office of the University Counsel. Courtney has worked in the FOI field since 2009, most recently as an FOI and Complaint Officer with the College of Dental Surgeons of BC. She has two Bachelors of Arts, in Psychology and Anthropology & Museum Studies, both from UBC. Courtney worked at the Museum of Anthropology from 2007 – 2009 and is happy to be returning to UBC.

March 10, 2014

CONFLICT OF INTEREST AND CONFLICT OF COMMITMENT AT UBC

In early February, the University Counsel updated the Board of Governors on conflict of interest and conflict of commitment at UBC. For an excerpt from the report to the Board of Governors, click here. This report includes a review of both the conflict of interest and conflict of commitment policy, and the on-line disclosure and review system in the RISE database.

For additional information about conflict of interest and conflict of commitment, please go to the website at http://universitycounsel.ubc.ca/coi/ or contact Christine Hjorleifson, Conflict of Interest Administrator, christine.hjorleifson@ubc.ca or 604-822-8623.

March 3, 2014

UBC POLICIES AND PROCEDURES UPDATES

POLICY #87 (RESEARCH)

On February 28, 2014, the President amended the Procedures to Policy #87 (Research). Pursuant to Policy #1, Procedures may be amended by the President provided the new Procedures conform to the approved Policy. A copy of the approved Procedures to the Policy is at http://universitycounsel.ubc.ca/files/2014/03/policy87.pdf and details of the changes are below.

Policy #87 sets forth the authority, responsibility, and procedures for the various aspects of research activity conducted at UBC, including: (a) the application process for funding from granting agencies and industries; (b) the administration of such funding; (c) the use of animals and human participants in research; and (d) the responsibilities of the various UBC committees with respect to both governing the use of funds and research activities on campus.

The Procedures to the Policy have been amended to: (a) reinforce that an overhead rate of 25% of the direct costs of any research project, otherwise known as the “indirect cost recovery rate” or the “ICR Rate”, applies to all research grants, donations for research and industry contracts undertaken at UBC; and (b) clarify the specific circumstances when any deviation from the ICR Rate will be considered, either as a result of: (i) an already validated and pre-approved rate reduction by the Vice-President, Research & International (“VPRI”) applied to specific research granting agencies set forth on the following UBC internal website: http://research.ubc.ca/vpri/indirect-costs (which requires the campus wide login to access); or (ii) a final decision made at the discretion of the applicable Dean, the VPRI and the Development Alumni Office for any research gifts and/or donations.

February 25, 2014

UBC POLICIES AND PROCEDURES UPDATES

POLICY #81 (USE OF TEACHING MATERIALS IN UBC CREDIT COURSES)

The Board of Governors approved the proposed Policy #81 (Use of Teaching Materials in UBC Credit Courses) on February 20, 2014. The proposed Policy is intended to confirm and clarify expectations in relation to the use and development of materials for UBC credit courses and to encourage and facilitate collaboration and the open sharing of teaching materials. The proposed Policy supports the ability of UBC instructors to build upon and use teaching materials in the delivery of UBC credit courses which, in turn, facilitates increased investments in the development and sharing of those teaching materials, improving their quality and availability.

A copy of the approved Policy #81 can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

February 5, 2014

CALL FOR STUDENT VOLUNTEERS FOR PRESIDENT’S UBC NON-ACADEMIC MISCONDUCT COMMITTEES AT UBC VANCOUVER AND UBC OKANAGAN

The University Counsel invites interested students to apply for positions on the President’s UBC Non-Academic Misconduct Committees for the term of September 1, 2014 to August 31, 2015.

The Committee serves a very important role. It assists the President by investigating allegations of non-academic misconduct made against UBC students under the Student Code of Conduct, and reporting its findings to the President. Members of the Committee are appointed by the President on the recommendation of the University Counsel. Except for the Committee Chair, all members of the Committee will be UBC students. For more information about the role of the Committee, please see the web site of the Office of the University Counsel at: http://universitycounsel.ubc.ca/discipline/ and the Rules of the Committee at: http://universitycounsel.ubc.ca/files/2012/02/Rules-for-the-Presidents-Non-Acad-Misconduct-Committees.pdf.

To ensure that a broad range of students are represented on the Committee, the University Counsel is inviting students who are interested in serving on the Committee to submit their names for consideration. If you wish to be considered, you should provide the following information via email by May 15, 2014 to yvonne.lui@ubc.ca at the Office of the University Counsel:

  1. your first and last name;
  2. your student number;
  3. the name of your Faculty;
  4. your telephone number;
  5. your e-mail address;
  6. your mailing address; and
  7. an explanation of 100 words or less explaining your interest in joining the Committee.

If you wish, you may also provide a reference letter from a UBC faculty member, but a reference letter is not required.

Approximately 10 students will be selected to serve on each Committee. Quorum for each Committee meeting is the Chair and at least 2 Committee members, and meetings are set between 9am and 5pm, Monday to Friday. Meetings will be scheduled to fit the needs of the Committee members involved in each case. Training opportunities for Committee members will be provided by the Office of the University Counsel.

If you are selected to serve on the Committee, you will be contacted by telephone or e-mail by the Office of the University Counsel to confirm your willingness to serve on the Committee. If you are not selected, your information will be kept on file for one year in case vacancies arise.

February 4, 2014

CALL FOR COMMENTS – PROPOSED AMENDMENT OF POLICY #13 (SERVING AND CONSUMPTION OF ALCOHOL AT UNIVERSITY EVENTS OR ON UNIVERSITY PREMISES)

The UBC community is invited to comment on the proposed amendment of Policy #13 (Serving and Consumption of Alcohol at University Events or on University Premises).

Policy #13 identifies four general sets of circumstances in which alcohol may be served. It should be updated in light of recent legislative changes to liquor licensing and opportunities for streamlining liquor licensing at UBC Vancouver. It should also be amended to allow for different approval processes for with alcohol events at UBC Okanagan and UBC Vancouver (Point Grey and Robson Square).

For the 2012/2013 academic year, there were approximately 430 special occasion licenses at UBC-controlled facilities, approximately half of which were for student organized events. One of the primary goals of the committee was to develop a concise, user-friendly policy that clearly establishes the governing principles and processes for hosting with alcohol events at UBC facilities and at off-campus UBC events.

Set out below are key proposed amendments to Policy #13:

  • Policy #13 requires all with alcohol events on University premises outside of licensed establishments to obtain a special occasion license. However, the provincial licensing regime does not require a special occasion license if certain conditions are met.  The proposed amendments specifically recognize “License Exempt Events” and create procedures for obtaining approval for these types of events.
  • Legislative changes have created a new category of licenses for caterers to hold “catering authorizations” to serve alcohol at catered events. The proposed amendments permit this type of license holder to serve alcohol at UBC facilities and set out procedures for doing so.
  • In practice, UBC Okanagan, UBC Robson Square and UBC Vancouver Point Grey have each established their own approval process for with alcohol events. The proposed amendments provide flexibility to accommodate campus-specific circumstances and user groups while still requiring periodic review and accountability to the Responsible Executive. This flexibility will also accommodate the new process for approval of outdoor with alcohol events at UBC Vancouver Point Grey which will be implemented in Spring 2014.

The proposed amendments to Policy #13 are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by March 14, 2014.

January 20, 2014

UBC SEEKING FREEDOM OF INFORMATION SPECIALIST

The Office of the University Counsel is currently recruiting a Freedom of Information position. Please see the attached advertisement for more information:

  • Freedom of Information Specialist  (The position has been filled)

November 26, 2013

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #47 (CHAIRS AND PROFESSORSHIPS FUNDED BY EXTERNAL FUNDS) 

The UBC Community is invited to comment on proposed amendments to Policy #47 (Chairs and Professorships Funded by External Funds). We specifically encourage existing holders of chairs and professorships to comment since they have personal experience with this Policy.

The Policy governs the creation of chairs and professorships funded by endowment or term funding for a minimum of five years. In principle, these honorifics are supposed to:

1. be conferred by UBC upon faculty members (the “Holders”) to reward excellence in research and teaching;

2. be accompanied by financial resources to enhance their capacity to excel even more; and

3. enhance visibility to donors and the broader community about UBC’s outstanding faculty members and the world-class research and teaching they are doing.

Over time, the University has realized that the existing Policy has not met its stated policy goal of rewarding academic accomplishments of faculty members because the University has relied heavily on using the funding for salary. This has created three challenges:

1. Salary increases quickly outpace endowment growth (endowments are meant to be recapitalized at the rate of the consumer price index (“CPI”), and salaries grow faster); therefore, full funding of salary for chairs is not realistic.

2. In addition, while Honorifics should be an incentive to excel, using the funding for salary has meant that holders have not received much, if any, benefit other than the title that they hold.

3. Finally, using endowments for salary has created tension between excellence and financial dependency. Faculties have little if any flexibility to remove an honorific from an existing holder and award it to another deserved recipient.

Key elements of the proposed amendments to the Policy are:

1. Financial Components: The amended Policy and its Procedures provide an expectation that funds are normally to be used to support research, teaching and educational leadership activities. However, to provide maximum flexibility to the University, the proposed amendments do not prevent the funds from being used for salary for UBC employees if a financial sustainability plan has been approved by the Responsible Executive. This means new Honorifics will normally be supported by a combination of university and external funding. Since endowments will not be relied upon to backfill salary, Faculties will need to identify other sources of funds for new faculty positions.

2. New Honorific Category of Distinguished Scholar: This is intended to provide greater flexibility to Faculties that may have difficulty raising sufficient funds for a chair or professorship, but still wish to be able to recognize academics who have made a difference in their field.

3. Academic Components: The amended Policy introduces a naming convention which normally includes “UBC” in the name of the Honorific. It also introduces the language of “conferral” of Honorifics to ensure it is understood that these are separate and apart from academic appointments of individuals, are conferred based on merit, and confirms that the decision to recognize a faculty member with an Honorific title is made by the Provost upon the recommendation of the Dean. In addition, the Policy clarifies that while an Honorific may not be tied to an individual, it may be tied to a position, such as a Dean or Department Head. The Policy has also been drafted to ensure Honorifics are available to all faculty members, and therefore it uses the term “academic” instead of “scholar” to ensure it is broadly inclusive of faculty members who conduct research and also those who are focused on the teaching stream.

4. Accountability Components: Assessment and accountability criteria have been clarified. Accountability comes in the form of annual reports, and a review prior to a decision being made by the Responsible Executive to renew the Honorific on the Holder. The Responsible Executive also has the authority to remove an Honorific from a Holder.

The proposed amendments are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by Friday, January 24, 2014.

 

CALL FOR COMMENTS – PROPOSED POLICY CONSOLIDATION: POLICIES #31 (EXECUTIVE COMPENSATION), #32 (COMPENSATION FOR MANAGEMENT OFFICERS), #33 (MANAGEMENT COMPENSATION – SERVICE UNIT DIRECTORS EXCLUDED FROM AAPS), AND POLICY #63 (NON-UNION STAFF SALARIES); AND PROPOSED POLICY REPEAL: POLICIES #40 (EXTRA WORK – MANAGEMENT AND PROFESSIONAL STAFF) AND #55 (DEPARTMENT RESPONSIBILITY TO MAINTAIN STAFF ATTENDANCE RECORDS)

The UBC community is invited to comment on the proposed consolidation of Policies #31 (Executive Compensation), #32 (Compensation for Management Officers), #33 (Management Compensation – Service Unit Directors Excluded from AAPS) and #63 (Non-Union Staff Salaries); and the proposed repeal of Policies #40 (Extra Work – Management and Professional Staff) and #55 (Department Responsibility to Maintain Staff Attendance Records). The current Policies are available at:

Policy #31: http://universitycounsel.ubc.ca/files/2010/09/policy31.pdf

Policy #32: http://universitycounsel.ubc.ca/files/2010/08/policy32.pdf

Policy #33: http://universitycounsel.ubc.ca/files/2010/08/policy33.pdf

Policy #63: http://universitycounsel.ubc.ca/files/2010/08/policy63.pdf

Policy #40: http://universitycounsel.ubc.ca/files/2010/08/policy40.pdf

Policy #55: http://universitycounsel.ubc.ca/files/2010/08/policy55.pdf

The University has eight Policies related to compensation for employees other than faculty members. None of these Policies have been reviewed in many years. A comprehensive review of these Policies was conducted and six were identified for consolidation and repeal.

Policies #31, #32, and #33 all set out the principles for establishing compensation for certain types of employees. They all follow the same structure and are well suited to being consolidated into one policy. Similarly, Policy #63 sets out principles for establishing non-union staff salaries. Consolidation of these four Policies will provide for greater consistency across named employee groups and would support the goal of reducing and simplifying the number of University Policies.

The sole purpose of Policy #40 (Extra Work – Management and Professional Staff) is to set out compensation for additional hours of work. However, this is wholly within the scope of the University’s collective agreement with the Association of Administrative and Professional Staff and thus is redundant.

Policy #55 (Department Responsibility to Maintain Staff Attendance Records) requires departments to maintain employee attendance records. Maintaining attendance records is a management responsibility and is required by provincial employment legislation and thus a Board policy with the same requirement is unnecessary.

The proposed consolidation of Policies #31, #32, #33 and #63 and the proposed repeal of Policies #40 and #55 are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by January 17, 2014.

October 22, 2013

UBC POLICIES AND PROCEDURES UPDATES

AMENDMENTS TO PROCEDURES ASSOCIATED WITH POLICY #17 (APPOINTMENT OF REGISTRAR AND LIBRARIAN), POLICY #18 (APPOINTMENT OF DESIGNATED SENIOR ACADEMIC ADMINSTRATORS), AND POLICY #24 (EXTENSION OF APPOINTMENTS FOR DESIGNATED SENIOR ACADEMIC ADMINISTRATORS) 

On July 14, 2013, the President amended the Procedures associated with:

The amendments to the Procedures associated with Policy #18 and Policy #24 were initiated in response to the reconfiguration of the research portfolio at UBC’s Okanagan campus which necessitated the addition of Vice-Principal (Research and Innovation) as a “Designated Senior Academic Administrator”. At the same time, the titles of other Designated Senior Academic Administrators contained in the Procedures were reviewed and updated to reflect current titles. In addition, the Procedures associated with all three Policies were amended to bring the employment termination standards provisions into compliance with the provincial Public Sector Employers Act.

A copy of each of the above-mentioned policies can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

AMENDMENTS TO POLICY #21 (APPOINTMENT OF DEANS AND PRINCIPALS), POLICY #23 (EXTENSION OF APPOINTMENTS FOR DEANS AND PRINCIPALS), AND POLICY #43 (EXTENSION OF APPOINTMENTS FOR REGISTRAR AND LIBRARIANS)

Amendments to Policy #21 (Appointment of Deans and Principals) were approved effective September 25, 2013. Policy #21 is a joint Board/Senates Policy and was approved by the Board on September 17, 2013, by the Vancouver Senate on September 18, 2013, and by the Okanagan Senate on September 25, 2013.

In addition, The Board of Governors approved amendments to Policy #23 (Extension of Appointments for Deans and Principals) and Policy #43 (Extension of Appointments for Registrar and Librarians) at its meeting on September 17, 2013.

Since the College for Interdisciplinary Studies was disestablished effective October 1, 2013, the proposed amendments to Policy #21 and Policy #23 remove all references to the Principal of the College for Interdisciplinary Studies. In addition, all three Policies were amended to bring the employment termination standards provisions into compliance with the provincial Public Sector Employers Act.

A copy of each of the above-mentioned policies can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

October 21, 2013

WELCOME TO MAGGIE CAVALLIN

We are delighted to welcome Maggie Cavallin to the Office of the University Counsel. Maggie has been seconded to UBC for six months, where she will function as an integrated member of the team alongside the other Legal Counsels. Maggie earned a Bachelor of Arts (History) in 2005 and a Bachelor of Laws in 2009 from the University of Victoria. Maggie completed her articles with Clark Wilson LLP and was called to the Bar of British Columbia in February 2012. She is an associate with Clark Wilson LLP and member of the firm’s Corporate & Commercial, Commercial Real Estate, Infrastructure, Construction and Procurement, and Higher Learning groups.

September 27, 2013

UBC POLICIES AND PROCEDURES UPDATES

POLICY #19 (ACTING PRESIDENT)

The Board has approved amendments to Policy #19 (Acting President) at its meeting on September 17, 2013. Policy #19 lists those individuals that are designated to assume the responsibilities of the President if the President is absent or unable to act, or if there is a vacancy in that office. To reflect the University’s current management structure, the Policy was amended to add the Vice-President, Human Resources to the succession list for the President. The Policy was also amended to update the titles of certain Vice-Presidents listed in the Policy.

A copy of the approved Policy #19 can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

POLICY #8 (DISASTER MANAGEMENT)

On August 16, 2013, the President amended the Procedures to Policy #8 (Disaster Management). Pursuant to Policy #1, Procedures may be amended by the President provided the new Procedures conform to the approved Policy. Details of the changes are below:

The Procedures to the Policy #8 have been amended to bring the Procedures into closer alignment with Policy #19 (Acting President) and the new signing resolution approved by the Board of Governors that grants signing authority to certain individuals in the event of an emergency or disaster. References in the Procedures to Policy #8 to the line of succession for the President for the declaration of a University disaster and authority during a University disaster were replaced by a reference to the line of succession for the President that is set out in Policy #19. The Procedures were also amended to update the titles of certain Vice-Presidents listed in the Procedures.

NEW UBC SIGNING RESOLUTION FOR EMERGENCIES AND DISASTERS

The Board of Governors has approved a new signing resolution for emergencies and disasters at its meeting on September 17, 2013. This signing resolution was developed in order to address the emergency response requirements of the University set out by Risk Management Services.

The University has an emergency response plan in place. Where the University’s emergency response requires commitments or agreements to be executed, there needs to be a mechanism to enable timely execution of contracts and agreements and the authority must have sufficiently high financial limits to enable response to large-scale emergencies. Given the financial limits under the University’s existing signing resolutions and for Signing Committee-approved signing resolutions, a new signing resolution was prepared and presented to the Board of Governors for approval.

In the event of an emergency or disaster, the new signing resolution authorizes the President and certain members of the Board of Governors to enter into commitments and agreements required for the University to immediately and efficiently respond to such emergency or disaster and, together with any member of the Executive, to enter into commitments and agreements required thereafter to restore academic programs and University operations. In addition, the new signing resolution:

• limits the value of any commitment or agreement that is executed pursuant to the signing resolution to $20 million for direct emergency response actions and $60 million for any actions required thereafter to restore University operations;

• requires the authorized signatories of commitments or agreements for critical emergency response actions to report to the Board on the expenditures made in responding to the emergency within 14 days following the cessation of the emergency; and

• requires that commitments or agreements for recovery actions required to restore University operations following a critical emergency response be entered into pursuant to an expenditure plan that has been submitted to the Board for expedited approval.

A copy of the new signing resolution can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/signing_authority/signing-resolutions/.

September 19, 2013

CALL FOR COMMENTS – PROPOSED NEW POLICY: POLICY #81 (USE OF LEARNING MATERIALS IN UBC CREDIT COURSES)

The UBC community is invited to comment on a proposed new policy, Policy #81 (Use of Learning Materials in UBC Credit Courses).

The proposed Policy was developed in response to two continuing developments:

  1. The first is the increasing desire in UBC’s community of scholars, as exemplified by recent Senate statements, to support the open distribution of scholarly materials and the use of cIRcle as a repository for such materials.
  2. The second is UBC’s Flexible Learning Initiative, which is a major UBC strategic priority focused on developing, delivering, and evaluating learning experiences that promote effective and dramatic changes in student achievement, and the wish to ensure that these experiences will be available to students on an ongoing basis.

There are four core elements to the proposed Policy:

  1. First and foremost, it confirms that learning materials are owned by the UBC instructors who create them.
  2. Second, it encourages (but does not require) UBC instructors to distribute their learning materials freely and openly beyond the borders of UBC and further encourages UBC instructors to use cIRcle as an open access digital repository (in addition to any others they may wish to utilize).
  3. Third, it confirms that the community of UBC instructors can generally expect to be able to make shared use of and to revise learning materials for UBC credit courses. This general expectation is limited to UBC credit courses and does not extend to any other purposes such as use in non-credit MOOCs.
  4. Last, but not least, it recognizes that, despite the general expectation outlined above, UBC instructors may prefer to not share their learning materials with other UBC instructors and therefore the proposed Policy enables them to restrict or completely eliminate such shared use, as long as:
    • those materials are not part of a pooled Departmental or Faculty resource (such as a repository of problem-based learning sets); and
    • UBC has not made a material investment in the development of those learning materials.

All members of the University community are encouraged to provide their comments on the proposed new policy. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by noon on Friday, November 1, 2013.

July 29, 2013

CONFLICT OF INTEREST AND CONFLICT OF COMMITMENT AT UBC

UBC is required to have policies and systems that comply with all granting agencies. In addition to meeting this basic requirement, UBC’s policies are designed to provide a high level of protection for the integrity of the University and its faculty and staff. To this end, UBC has had a policy on conflict of interest and conflict of commitment since 1992. The policy was substantially revised in 2006 and, for faculty members, the paper-based declarations were replaced with a web-based disclosure system. For staff members, paper-based declarations were replaced with e-mails. These changes, particularly the introduction of a simplified web-based disclosure system, enabled major improvements in conflict tracking, approval, and management.

The policy and web-based system underwent further review and upgrades in 2012. In order to ensure that all faculty members and staff members are aware of UBC’s current conflict of interest and conflict of commitment systems and standards, the Office of the University Counsel has prepared a summary of the material changes to UBC’s Conflict of Interest and Conflict of Commitment policy. To review this summary, please click here: http://universitycounsel.ubc.ca/files/2013/07/Summary-of-Significant-Changes.pdf

In addition, the Office of the University Counsel is offering information sessions throughout 2013 for every Faculty. Sessions are being held at Point Grey, Okanagan, and hospital-based locations. For information about information sessions that have already been scheduled, please click here:
http://universitycounsel.ubc.ca/upcoming-training/

You are welcome to come to info sessions that are not in your home Faculty. Also, if you would like to arrange an information session for your unit or management team, or if you have any questions about conflict of interest and conflict of commitment at UBC, please contact Christine Hjorleifson:

Christine Hjorleifson
Conflict of Interest Administrator
Office of the University Counsel
Tel: 604-822-8623
Email: christine.hjorleifson@ubc.ca

June 12, 2013

CALL FOR COMMENTS – PROPOSED NEW POLICY: POLICY #111 (INTERNAL AUDIT, INVESTIGATIONS, AND FINANCIAL WHISTLEBLOWER)

The UBC community is invited to comment on a proposed new policy, Policy #111 (Internal Audit, Investigations, and Financial Whistleblower).

The proposed new policy combines and updates two existing policies, Policy #111 (Internal Audit) and Policy #118 (Whistleblowers).

The existing Policy #111 was first approved in March 1994 and amended once in September 2007. Policy #118 was first approved in June 2008.

While the existing Policy #111 defines the mandate, authority and responsibility of UBC’s Internal Audit department with respect to their audit functions it does not contain any provisions concerning Internal Audit’s non-audit investigation mandate, authority or responsibility.

The proposed new policy reflects UBC’s continued commitment to ensuring and maintaining a strong system of internal control, transparency and accountability throughout its operations to effectively prevent and enforce against any improper financial activity. Any perceived or actual improper financial activity is contrary to UBC’s values, and damages UBC’s reputation and ability to carry out its mission.

The proposed new Policy #111 incorporates and expands on much of the language in the existing policies, including the following important provisions:

  1. Section 6 expands Internal Audit’s mandate into preventing and investigating allegations of improper financial activity; providing an effective and safe disclosure reporting processes; and promoting ethical financial conduct by UBC members.
  2. Section 3 now clearly identifies examples of improper financial activity in order to empower UBC staff, faculty and students to self-govern their activities and to identify and report activities in contravention of the policy. The existing Policy #118 contains a safe reporting process but does not define what is considered as reportable suspicious financial activity.
  3. Section 4 now expressly confers stewardship responsibility and whistleblower protection upon all UBC members whether they are faculty, staff, or students, whereas the existing Policy #118 only provides whistleblower protection to UBC employees.
  4. Section 4 addresses UBC’s obligation to disclose certain personal or confidential information as may be required by law to reflect the reality of UBC’s various, and at times competing, legal obligations.
  5. Section 5 now includes specific examples of prohibited retaliatory acts against UBC members who have made a good faith report of improper financial activity (e.g. termination, suspension or any action that adversely affects the employment or learning environment of a UBC member).  UBC members can be confident that UBC is committed to protecting all good faith disclosures.
  6. Procedures 1 and 2 now grant additional guidance and directives with respect to appropriate reporting procedures and Internal Audit’s broader investigative role.

All members of the University community are encouraged to provide their comments on the proposed new policy. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by noon on Monday, September 30, 2013.

June 4, 2013

UBC POLICIES AND PROCEDURES UPDATES

POLICY #20 (ADVERTISING OF POSITION VACANCIES)

The Board of Governors approved amendments to Policy #20 (Advertising of Position Vacancies) at its meeting on June 4, 2013. The purpose of Policy #20 is to establish sound advertising practices to attract a broad and diverse pool of qualified applicants for position vacancies. The amendments consolidate the University’s practices on advertising into one document and include an updated equity statement in the procedures associated with the Policy.

A copy of the approved Policy #20 can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

POLICY #27 (APPOINTMENT OF RETIRED FACULTY MEMBERS)

The Board of Governors approved amendments to Policy #27 (Reappointment of Retired or Retiring Members of Faculty) and the repeal of Policy #52 (Retirement of Faculty) at its meeting on June 4, 2013.

Both Policies were obsolete as they referred to mandatory retirement at the age of 65. The amendments to Policy #27 and the repeal of Policy #52 bring the University’s policies with respect to retirement into alignment with current practices and provincial legislation. Amended Policy #27 (Appointment of Retired Faculty Members) identifies the circumstances under which a retired faculty member may be appointed to a position at the University and the mechanism for doing so.

A copy of the approved Policy #27 can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

POLICY #88 (INVENTIONS AND DISCOVERIES)

The Board of Governors approved amendments to Policy #88 (Patents and Licensing) at its meeting on June 4, 2013. The Policy (now titled Inventions and Discoveries) was substantially amended in order to accomplish a number of goals. The Policy was revised in order to further the University’s mandate to facilitate the dissemination of knowledge and maximize the impact that University research and inventions have on society. The Policy was similarly revised in order to encourage potential industry partners and other stakeholders to support research and learning at the University by empowering inventors to not only publish the results of their research, but to also utilize other non-commercial means to implement the products of their research into society without unnecessary restriction from the University. In addition, the Policy was updated to reflect the University’s current practices with respect to the treatment of University inventions.

A copy of the approved Policy #88 can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

POLICY #104 (ACCEPTABLE USE AND SECURITY OF UBC ELECTRONIC INFORMATION AND SYSTEMS)

On June 4, 2013, the Board of Governors repealed Policies #104 (Responsible Use of Information Technology Facilities and Services) and #106 (Access to and Security of Administrative Information) and replaced them with a new Policy #104 (Acceptable Use and Security of UBC Electronic Information and Systems).

The new policy incorporates much of the language in the repealed policies, including the following important provisions:

- UBC will not attempt to limit the academic freedom of those who use UBC Information and Systems, as long as the use is consistent with relevant laws, policies, collective agreements and terms of employment.

- The restrictions on the use of Electronic Information and Systems are not intended to prevent or restrict duly authorized system administrators or other technical personnel from carrying out their duties.

The new policy makes the following significant changes:

1. Even though the two repealed policies were closely related, their terminology and scope was inconsistent. Consequently, the two policies have now been rationalized and amalgamated into one policy.

2. The repealed policies only applied to faculty, staff, and students, but not to other individuals who may have access to University systems. The new policy fills this gap by broadening the scope to any individuals who have access to UBC Electronic Information and Systems.

3. The repealed policies did not deal uniformly with all types of University electronic information. The new policy rectifies this by providing a common framework for the appropriate use and security of all electronic information used to conduct University business (administrative, academic and research).

4. The repealed policies did not explicitly require users to comply with guidelines developed by the Chief Information Officer on the security of UBC information and systems. The new policy addresses this omission by requiring all users to comply with Information Security Standards, which are developed by the CIO with the input of an Advisory Committee. Some of these Standards have already been approved, and are posted on the following website: http://cio.ubc.ca/securitystandards. Please familiarize yourself with these Standards.

5. The repealed policies allowed for incidental personal use of facilities or services, under limited circumstances. The new policy continues to allow such use, and provides additional guidance about the balance between users’ reasonable expectation of privacy and the University’s right to access information stored on UBC systems under appropriate circumstances.

6. Some UBC systems are designed for special purposes and it would be inappropriate for this policy to apply to them. For example, the ResNet Service is intended to provide students in residences with access to the internet for personal use. The new policy contains a mechanism enabling the CIO to approve separate terms of use for these systems. See Exemptions from Policy #104 for a list of these systems.

April 11, 2013

UBC POLICIES AND PROCEDURES UPDATES

The Board of Governors has approved amendments to Policy #85 (Scholarly Integrity) at its meeting on April 3, 2013. The Policy was amended to update and clarify the University’s expectations with regard to scholarly integrity and the process for dealing with allegations of scholarly misconduct. The Policy was also amended to specifically address updated requirements regarding the responsible conduct of research issued by the Tri-Council granting agencies.

A copy of the approved Policy #85 can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

April 8, 2013

UBC POLICIES AND PROCEDURES UPDATES

The Board of Governors has approved amendments to Policy #50 (Leave to Take Political Office) at its meeting on April 3, 2013. Policy #50 now permits all salaried members of faculty and staff who are employed on an ongoing basis by the University to take leave to campaign for and hold political office. The Policy has also been amended to permit political leave for employees who are elected to a First Nations band council and employees who are elected to full-time municipal or city positions.

A copy of the approved Policy #50 can be found on the website of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

April 5, 2013

NOTICE TO UBC COMMUNITY: POLICY #83 (TRAVEL AND RELATED EXPENSES)

Effective April 1, 2013, the Vice President, Finance, Resources and Operations amended the Administrative Directive for Policy #83. Pursuant to Procedure 9.1 of Policy #83, the Vice President, Finance, Resources and Operations has authority to issue and maintain administrative directives in compliance with Policy #83 and its procedures. A copy of the approved Administrative Directive for the Policy is at http://universitycounsel.ubc.ca/files/2013/04/policy83_Directive.pdf and details of the changes are below.

Policy #83 governs the treatment of travel expenses incurred by members of faculty and staff (and in special cases, students or other persons). It addresses how travel expenses are managed and reimbursed. The amendments to the Administrative Directive for the Policy include an increase to the per km/mileage use of private vehicles from $.41 to $.49 per km, an increase to the meal per diems from $50.50 to $60.00, and such other amendments required to reflect the foregoing changes and the University’s current travel suppliers and services.

April 2, 2013

CALL FOR STUDENT VOLUNTEERS FOR PRESIDENT’S UBC NON-ACADEMIC MISCONDUCT COMMITTEES AT UBC VANCOUVER AND UBC OKANAGAN

The University Counsel invites interested students to apply for positions on the President’s UBC Non-Academic Misconduct Committees for the term of September 1, 2013 to August 31, 2014.

The Committee serves a very important role. It assists the President by investigating allegations of non-academic misconduct made against UBC students under the Student Code of Conduct, and reporting its findings to the President. Members of the Committee are appointed by the President on the recommendation of the University Counsel. Except for the Committee Chair, all members of the Committee will be UBC students. For more information about the role of the Committee, please see the web site of the Office of the University Counsel at: http://universitycounsel.ubc.ca/discipline/ and the Rules of the Committee at: http://universitycounsel.ubc.ca/files/2012/02/Rules-for-the-Presidents-Non-Acad-Misconduct-Committees.pdf.

To ensure that a broad range of students are represented on the Committee, the University Counsel is inviting students who are interested in serving on the Committee to submit their names for consideration. If you wish to be considered, you should provide the following information via email by May 15, 2013 to yvonne.lui@ubc.ca at the Office of the University Counsel:

  1. your first and last name;
  2. your student number;
  3. the name of your Faculty;
  4. your telephone number;
  5. your e-mail address;
  6. your mailing address; and
  7. an explanation of 100 words or less explaining your interest in joining the Committee.

If you wish, you may also provide a reference letter from a UBC faculty member, but a reference letter is not required.

Approximately 15 students will be selected to serve on each Committee. Quorum for each Committee meeting is the Chair and at least 2 Committee members, and meetings are set between 9am and 5pm, Monday to Friday. Meetings will be scheduled to fit the needs of the Committee members involved in each case. Training opportunities for Committee members will be provided by the Office of the University Counsel.

If you are selected to serve on the Committee, you will be contacted by telephone or e-mail by the Office of the University Counsel to confirm your willingness to serve on the Committee. If you are not selected, your information will be kept on file for one year in case vacancies arise.

CALL FOR STUDENT VOLUNTEERS FOR PRESIDENT’S ADVISORY COMMITTEE ON STUDENT DISCIPLINE AT UBC VANCOUVER AND UBC OKANAGAN

The University Counsel invites interested UBC students to apply for positions on the President’s Advisory Committee on Student Discipline, which deals with cases of academic misconduct, for the term of September 1, 2013 to August 31, 2014.

The Committee serves a very important role. It assists the President by investigating allegations of academic misconduct made against UBC students under the Discipline for Academic Misconduct section of the UBC calendar, and reporting its findings to the President. Members of the Committee are appointed by the President on the recommendation of the University Counsel.

The President’s Advisory Committee on Student Discipline is made up of the Chair, the Vice Chair (who presides over Committee meetings in the Okanagan), faculty members, and students. For more information about the role of the Committee, please see the web site of the Office of the University Counsel at: http://universitycounsel.ubc.ca/discipline/ and the Rules of the Committee at: http://universitycounsel.ubc.ca/files/2010/09/PACSD_Rules.pdf.

To ensure that a broad range of students are represented on the Committee, the University Counsel is inviting students who are interested in serving on the Committee to submit their names for consideration. If you wish to be considered, you should provide the following information via email by May 15, 2013 to yvonne.lui@ubc.ca at the Office of the University Counsel:

  1. your first and last name;
  2. your student number;
  3. the name of your Faculty;
  4. your telephone number;
  5. your e-mail address;
  6. your mailing address; and
  7. an explanation of 100 words or less explaining your interest in joining the Committee.

If you wish, you may also provide a reference letter from a UBC faculty member, but a reference letter is not required.

Two UBC students will be selected to serve on each Committee. Quorum for each Committee meeting is the Chair or Vice Chair and at least 2 Committee members. Meetings will be scheduled to fit the needs of the Committee members involved in each case. Training opportunities for Committee members will be provided by the Office of the University Counsel.

If you are selected to serve on the Committee, you will be contacted by telephone or e-mail by the Office of the University Counsel to confirm your willingness to serve on the Committee. If you are not selected, your information will be kept on file for one year in case vacancies arise.

March 27, 2013

EMERGENCY INTERVENTION DISCLOSURE ACT

This is to inform you about a recently enacted British Columbia law, the Emergency Intervention Disclosure Act, which allows individuals to apply to the Provincial Court for an order to have another person tested for prescribed communicable diseases if they have come into contact with that person’s bodily substance in any of the following circumstances:

  • while providing emergency health services,
  • while performing their duties as a fire fighter, emergency medical assistant or police or other peace officer, or
  • when they have reason to believe that they have been the victim of an alleged offence under the Criminal Code of Canada and have reported the matter to a law enforcement agency.

Currently, the following diseases are prescribed under the regulations: HIV, Hepatitis B, and Hepatitis C.

All health providers, Campus Security staff, and others who are likely to be exposed to bodily substances in the above circumstances should be aware of this Act.

For more information about the Act, see the BC Government website at: http://www.labour.gov.bc.ca/eida.htm

March 4, 2013

INFORMATION SESSIONS ON CONFLICT OF INTEREST + PRIVACY

Staff from the Office of the University Counsel are holding information sessions on two issues: 1) conflict of interest and conflict of commitment at UBC and 2) BC’s access and privacy laws. These short back-to-back sessions are a free presentation by UBC staff and no registration is required. You can attend either or both of these presentations. Current sessions are:

Thurs, March 14, 2013, in MacMillan 158, with Conflict of Interest at 12:15pm followed by Privacy at 1:00pm

Thurs, March 28, 2013, Henry Angus 435, with Conflict of Interest at 12:30pm followed by Privacy at 1:15pm

For additional information, please contact Christine Hjorleifson, at christine.hjorleifson@ubc.ca or 604-822-8623.

February 6, 2013

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #50 (LEAVE TO TAKE POLITICAL OFFICE)

The UBC community is invited to comment on proposed amendments to Policy #50 (Leave to Take Political Office).

Policy #50 currently permits faculty members to take leave to campaign for and hold political office. The proposed amendments extend the scope of Policy #50 to include all salaried members of faculty and staff who are employed on an ongoing basis by the University. The proposed amendments also extend eligibility for political leave to employees who are elected to a First Nations band council and employees who are elected to full-time municipal or city positions.

The University recognizes that all employees, not just faculty members, may wish to seek political office.  The proposed amendments equalize the opportunities available to all employees and facilitate civic engagement in the greater community.

Currently, Policy #50 provides for paid leave to faculty members during the campaigning period and unpaid leave while holding political office.  The proposed amendments provide for unpaid leave for all employees during the campaigning period and while holding political office. The Policy Review Committee carefully considered this issue and felt there was no justification for differentiating between groups of employees. Furthermore, the Policy Review Committee was not able to identify the rationale for providing paid leave during the campaigning period. Finally, most collective agreements and handbooks do not provide for special paid leave similar to the collective agreement between the University and the UBC Faculty Association.

The Administration is striving to bring a Policy proposal for approval to the Board of Governors at its meeting in April 2013, in time for the next provincial election.

The proposed amendments are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by noon on February 22, 2013.

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #20 (ADVERTISING OF POSITION VACANCIES)

The UBC community is invited to comment on proposed amendments to Policy #20 (Advertising of Position Vacancies).

The purpose of Policy #20 is to establish sound advertising practices to attract a broad and diverse pool of qualified applicants for position vacancies. Policy #20 requires that vacancies for faculty and senior academic positions be advertised, specifies certain publications where those advertisements must be placed, permits exceptions to advertisements in special circumstances, and requires the inclusion of the University’s equity statement in all posted positions.

The existing Policy is incomplete and has become outdated since it was last reviewed in 2005. In addition, the Provost’s Advisory Committee on Equity and Diversity recommended an updated equity statement that is intended to be more inclusive and in line with those of other institutions.  The Policy requires amendment to support the University’s goal of recruiting the most qualified candidates for position vacancies and to consolidate the University’s policies on advertising.

The substance of Policy #20 remains largely unchanged; however, additional language from the Faculty Relations Advertising Guidelines and applicable collective agreements has been inserted to consolidate the University’s advertising requirements into Policy #20. The structure has also been updated to bring it in line with the University’s current policy standards.

Key elements of the proposed amendments to Policy #20 are to:

  1. clearly identify the types of positions that require advertisement;
  2. require the inclusion of the University’s equity statement in all posted positions and adopt the equity statement approved by the Provost’s Advisory Committee on Equity and Diversity;
  3. draw attention to Service Canada and Citizenship and Immigration Canada and require compliance with their advertising requirements within the Policy;
  4. provide a comprehensive list of the circumstances where the University does not require advertisements;
  5. shift all detailed advertisement requirements mandated by Service Canada and Citizenship and Immigration Canada and collective agreements into the Procedures to allow the administration to update the information as required; and
  6. shift the methods and media required by the University for advertisement into the Procedures to allow the administration to update them as recruitment practices evolve over time.

The proposed amendments are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by March 17, 2013.

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #27 (REAPPOINTMENT OF RETIRED OR RETIRING MEMBERS OF FACULTY) AND PROPOSED POLICY REPEAL: POLICY #52 (RETIREMENT OF FACULTY)

The UBC community is invited to comment on proposed amendments to Policy #27 (Reappointment of Retired or Retiring Members of Faculty) and the proposed repeal of Policy #52 (Retirement of Faculty).

Policies #27 and #52 have not been reviewed since 2005. Both Policies refer to mandatory retirement at the age of 65. This is obsolete. The University and the UBC Faculty Association agreed to end mandatory retirement of unionized faculty in May 2007 and the provincial government ended mandatory retirement for all employees in B.C. in January 2008.

The proposed amendments to Policy #27 and the repeal of Policy #52 will bring the University’s policies with respect to retirement into alignment with current practices and provincial legislation.

Retired faculty members make important contributions to their disciplines, their departments and the University. The proposed amendments to Policy #27 recognize that these relationships are normally continued through voluntary contributions, but that in some cases retired faculty members will be appointed to term positions.

The proposed amendments identify the circumstances in which a retired faculty member may be appointed to a position at the University and the mechanism for doing so.

Although there is no longer mandatory retirement, the University has retained the notion of a “normal retirement date” for faculty at age 65. It provides an opportunity to discuss a faculty member’s plans and has implications for benefit coverage. The notion of “normal retirement date” is expressly recognized in the collective agreement with the UBC Faculty Association and has been incorporated into the “Background and Purpose” of the proposed amendments to Policy #27.

The proposed amendments to Policy #27 and the proposed repeal of Policy #52 are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by March 17, 2013.

January 21, 2013

WELCOME WINSOME GLOVER

We are delighted to welcome Winsome Glover to the Office of the University Counsel. Winsome has been seconded to UBC for six months, where she will function as an integrated member of the team alongside the other Legal Counsels. Winsome obtained her law degree from the University of Western Australia (with a semester of law studied at UBC on exchange) in 2004, after which she practiced with Downings Legal, a boutique firm in Perth, Australia, specializing in corporate/commercial law and real estate law. In 2008, Winsome moved to Toronto and gained experience as internal corporate counsel at Barzel Industries and Pure Med Spa. With the benefit of this experience, she settled in Vancouver in 2010 and joined Richards Buell Sutton LLP, a firm that has a long history of partnering with UBC.

December 11, 2012

HUBERT LAI APPOINTED AS QUEEN’S COUNSEL

We are delighted that one of our own has been appointed as Queen’s Counsel. On December 11, 2012, Minister of Justice and Attorney General Shirley Bond announced that Hubert Lai was one of thirty lawyers to be so honoured:

“All Queen’s counsel appointees have demonstrated commitment and leadership in the legal profession. I’m confident that this year’s recipients will continue to be leaders in their fields and will build on this significant contributions to B.C.’s justice system.”

The process for making Queen’s Counsel appointments is rigorous. Nominations are reviewed by an advisory committee comprising the Chief Justice of British Columbia, the Chief Justice of the Supreme Court of British Columbia, the Chief Judge of the Provincial Court of British Columbia, the President of the Law Society of British Columbia, the President of the Canadian Bar Association British Columbia Branch, a representative of the Law Society of British Columbia Benchers, and the Deputy Attorney General of British Columbia. To be appointed, candidates must have distinguished themselves as leading counsel or exceptionally gifted practitioners, demonstrated exceptional qualities of leadership in the profession, or completed work of outstanding legal scholarship.

Hubert responded to the appointment by saying, “I am deeply honoured. However, much of the tribute should go to the staff of the Office of the University Counsel and to UBC itself. It has been a great privilege to work with such a talented and hard-working team and to have had the opportunity to participate in exciting and innovative legal projects. This work would not have needed doing if UBC was not a dynamic institution undertaking the many important initiatives required to be one of the world’s leading universities.”

We extend our warmest congratulations to Hubert on his appointment as Queen’s Counsel. For the media release issued by the Ministry of Justice, please click here: http://www2.news.gov.bc.ca/news_releases_2009-2013/2012JAG0313-001992.htm.

 

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #85 (SCHOLARLY INTEGRITY)

The UBC community is invited to comment on proposed amendments to Policy #85 (Scholarly Integrity).

In February of 2012, the Tri-Council granting agencies informed the University of two changes in the eligibility requirements for institutions, one of which was that a new Tri-Agency Framework: Responsible Conduct of Research would replace the Tri-Council Policy Statement: Integrity in Research and Scholarship and its Framework for Tri-Council Review of University Policies Dealing with Integrity in Research. The new Framework specifically requires that the University “develop and administer a policy(ies) to address allegations of policy breaches by researchers that meets the minimum requirements set out in the Framework” and that the University “applies this policy(ies) to all research conducted under its auspices or jurisdiction.” Since the University already had in place a policy that addressed the issue of the responsible conduct of research (Policy 85 – Scholarly Integrity), a new policy did not need to be developed. However, the existing policy does require some amendments to meet the new minimum requirements set out in the Framework. Furthermore, the Policy has not undergone a substantive review since its inception in January 1995, and therefore a general review and update was in order in any event.

The proposed changes to Policy #85 shift the Policy’s focus to the promotion of scholarly integrity rather than the proscription of scholarly misconduct; update, simplify and clarify the Policy to reflect the University’s practical experience with the Policy over the past 15 years and create a clearer, simpler document; update and clarify the minimum requirements that were already addressed in the Policy to ensure compliance with the Framework; and add any new requirements from the Framework that were not already addressed in the Policy to ensure compliance with the Framework.

Key elements of the proposed amendments to the Policy are:

  1. the addition of a section entitled “Promoting Scholarly Integrity” to the beginning of the Policy to emphasize the positive promotion of scholarly integrity and to provide a list of examples of the types of behavior that are expected of members of the University      community;
  2. the migration of portions of the Procedures into the Policy itself, to ensure that the Procedures only contain the process under which allegations of scholarly misconduct will be addressed;
  3. the addition of the new Framework requirement that any Investigative Committee appointed to investigate an allegation of scholarly misconduct must include a member external to the University;
  4. the addition of the new Framework reporting requirements, which include reporting to the newly created Tri-Council Secretariat on Responsible Conduct of Research in certain circumstances.

The proposed amendments are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by January 31, 2013.

December 4, 2012

CALL FOR COMMENTS – PROPOSED NEW POLICY: POLICY #104 (ACCEPTABLE USE AND SECURITY OF UBC ELECTRONIC INFORMATION AND SYSTEMS)

The UBC community is invited to comment on a proposed new policy, Policy #104, Acceptable Use and Security of UBC Electronic Information and Systems.

The proposed new policy combines and updates two existing policies, Policy #104 (Responsible Use of Information Technology Facilities and Services) and #106 (Access to and Security of Administrative Information). The current version of Policy #104 was approved in November 2000 and has never been substantively revised or amended. Policy #106 was first approved in January 2001. While the Procedures were amended in July 2010, the Policy itself has never been substantively revised or amended.

Over the years, users across the University have identified significant gaps in the policies, and have asked for various aspects to be clarified or elaborated.

The proposed new policy incorporates much of the language in the existing policies, including the following important provisions:

  • UBC will not attempt to limit the academic freedom of those who use UBC Information and Systems, as long as the use is consistent with relevant laws, policies, collective agreements and terms of employment.
  • The restrictions on the use of Electronic Information and Systems are not intended to prevent or restrict duly authorized system administrators or other technical personnel from carrying out their duties.

The proposed new policy makes the following significant changes:

  1. To avoid repetition and inconsistencies, the new policy combines the existing policies into one document, which is easier to read and about 25% shorter than the combined length of the existing policies.
  2. The existing policies only apply to faculty, staff, and students, but not to other individuals who may have access to University systems. The proposed policy fills this gap by covering all individuals who have access to UBC Electronic Information and Systems.
  3. The existing policy only applies to administrative data, but it does not contain any guidance about the security or integrity of academic or research data. The proposed policy addresses this omission by covering all UBC Electronic Information, which is defined as “electronic information used to conduct University business (administrative, academic and research).”
  4. The existing policy does not explicitly require users to comply with guidelines developed by the Chief Information Officer (CIO) on the use and access to UBC information and systems. The proposed policy explicitly requires all users to comply with the CIO’s guidelines (now called Information Security Standards).
  5. The existing policy allows for incidental personal use of facilities or services, under limited circumstances. The proposed policy continues to allow such personal use, but provides more guidance about the balance between users’ reasonable expectation of privacy and the University’s right to access information stored on UBC systems under appropriate circumstances.
  6. Some parts of the existing policies clearly do not apply to systems specifically designed for personal use, such as UBC’s student and alumni email system. The proposed policy specifies that the CIO may exempt systems from the policy where appropriate, and must approve separate terms of use for the exempted systems.

The proposed new policy is now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by January 25, 2013.

November 23, 2012

LAUNCH OF NEW ACCESS AND PRIVACY WEBSITE

The Office of the University Counsel is delighted to unveil UBC’s newly revised and redesigned Access and Privacy Website (http://universitycounsel.ubc.ca/access-and-privacy/), which contains all the information that UBC staff and faculty members need to know to ensure that they are complying with the rules around access to information and protection of privacy.

Highlights include:

  • An Access and Privacy Guide for Faculty and Staff
  • Guidelines on access requests
  • Fact sheets on commonly encountered privacy issues
  • Other useful resources about access and privacy
  • Links to commonly requested information about UBC

We will be continuously improving our website, and we encourage you to provide feedback about anything that you would like us to include in the future.

August 7, 2012

WELCOME TO MICHAL JAWORSKI AND FOND FAREWELLS TO KAREN SZETO

We are very pleased to announce that Michal Jaworski has joined the Office of the University Counsel as Legal Counsel effective today. Prior to joining our office, Michal practised law with both Clark Wilson LLP and Richards Buell Sutton LLP, where he worked on a broad range of UBC files. Many of you may already know Michal, since he was seconded to our office for six months in 2009.

We would also like to take this opportunity to announce that Karen Szeto, Legal Counsel, has decided to leave UBC. Karen holds the distinction of having been the first law student that our office hired. She practised law with Clark Wilson in Vancouver and Torys in New York before returning to UBC, where she has been a member of our team as Legal Counsel for nine years. Karen has provided outstanding legal support to a wide variety of faculties and units during her time at UBC and we are very sad to see her go. Karen’s last day in the office will be August 17.

July 6, 2012

UBC POLICIES AND PROCEDURES UPDATES

On July 3, 2012, the President amended the Procedures to Policy #15 (Smoking and Smoking Product Promotion on Campus). Pursuant to Policy #1, Procedures may be amended by the President provided the new Procedures conform to the approved Policy. A copy of the approved Procedures to the Policy is at http://universitycounsel.ubc.ca/files/2012/07/policy15.pdf and details of the changes are below.

Policy #15 governs the promotion of a healthy and safe university environment by: (a) reducing or eliminating on campus sale and promotion of tobacco and “Smoking Products”; and (b) reducing the exposure of others to second hand smoke and side stream smoke. The Procedures to the Policy have been amended to increase the minimum smoking distance between an outdoor smoking area and a doorway, window or air intake of a UBC Vancouver building from 6 metres to 8 metres.

June 18, 2012

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #57 (UNIVERSITY KILLAM PROFESSORS)

The UBC community is invited to comment on proposed amendments to Policy #57 (University Killam Professors).

Policy #57 was first approved in 1996 and was last revised in 2005. The President requested the Policy be reviewed to ensure it reflects the important status of the University Killam Professors and the role they play in the University. University Killam Professors are awarded to recognize the most exceptional members of faculty who have distinguished themselves as scholars and have received the highest acclaim from the academic community and the general public. The objective of the proposed amendments is to ensure the University is in a position to consistently identify and recognize those faculty who are worthy of this designation. The policy review committee unanimously supports the proposed amendments presented for public comment.

Key elements of the proposed amendments to the Policy are:

  • Candidates must be both exceptional researchers and teachers; satisfying one element is not sufficient.
  • The maximum number of Killam Professors that may exist at any time is (increased from 6 incumbents to) 2% of full professorial faculty members.
  • The nominations process sets out clear criteria for evaluating nominees.
  • The holders must deliver a lecture to the University community within one year of receiving their designation as University Killam Professor.
  • The status and entitlements of Emeriti Killam Professors are articulated.

The proposed amendments are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by September 30, 2012.

June 14, 2012

NOTICE TO UBC COMMUNITY: POLICY #84 (Entertainment)

On May 15, 2012, the President amended the Procedures to Policy #84. Pursuant to Policy #1, Procedures may be amended by the President provided the new Procedures conform to the approved Policy. A copy of the approved procedures to the policy is at http://universitycounsel.ubc.ca/files/2012/06/policy84.pdf and details of the changes are below.

Policy #84 governs the treatment of entertainment expenses incurred by members of faculty and staff in support of the University’s mission. It addresses how entertainment expenses are managed and reimbursed. Currently, the general effect of Policies #84 (Entertainment), #97 (Conflict of Interest and Conflict of Commitment) and #115 (Gifts), especially in combination, is to make it clear that gifts to political parties are neither appropriate nor reimbursable. The Government Relations Strategic Plan approved by the Board of Governors in 2007 reiterates that UBC is nonpartisan.

These policies are consistent with provincial and federal legislation. The BC Election Act prohibits charities from making political contributions. Under the Canada Elections Act, charities cannot make contributions to political parties.

In light of recent media reports highlighting this issue, the University deemed it important to specifically address this issue. Therefore, the Procedures to the Policy have been amended to add an explicit statement, specifically addressed at fundraising events, confirming that payments to political parties are not appropriate nor reimbursable.

UBC POLICIES AND PROCEDURES UPDATES

The Board of Governors has approved the amendments to Policy #89 (Research Involving Human Participants) at its meeting on June 12, 2012. This document has gone through extensive public consultation and is now in final form. The policy and its associated procedures have been substantially rewritten, resulting in a shorter and more flexible policy.

A copy of the approved Policy #89 can be found on the web site of the Office of the University Counsel at http://universitycounsel.ubc.ca/policies/index/.

May 25, 2012

CALL FOR VOLUNTEERS

The University Counsel invites interested UBC Okanagan students to apply for positions on the President’s Advisory Committee on Student Discipline, which deals with cases of academic misconduct, for the term of May 25, 2012 to August 31, 2013.

The Committee serves a very important role. It assists the President by investigating allegations of academic misconduct made against UBC Okanagan students under the Discipline for Academic Misconduct section of the UBC Okanagan calendar, and reporting its findings to the President. Members of the Committee are appointed by the President on the recommendation of the University Counsel.

The President’s Advisory Committee on Student Discipline is made up of the Chair, the Vice Chair (who presides over Committee meetings in the Okanagan), faculty members, and students. For more information about the role of the Committee, please see the web site of the Office of the University Counsel at: http://universitycounsel.ubc.ca/discipline/ and the Rules of the Committee at: http://universitycounsel.ubc.ca/files/2010/09/PACSD_Rules.pdf.

To ensure that a broad range of students are represented on the Committee, the University Counsel is inviting students who are interested in serving on the Committee to submit their names for consideration. If you wish to be considered, you should provide the following information via email by June 15, 2012 to university.counsel@ubc.ca:

  1. your first and last name;
  2. your student number;
  3. the name of your Faculty;
  4. your telephone number;
  5. your e-mail address;
  6. your mailing address; and
  7. an explanation of 100 words or less explaining your interest in joining the Committee.

If you wish, you may also provide a reference letter from a UBC faculty member, but a reference letter is not required.

Two UBC Okanagan students will be selected to serve on the Committee. Quorum for each Committee meeting is the Chair or Vice Chair and at least 2 Committee members. Meetings will be scheduled to fit the needs of the Committee members involved in each case. Training opportunities for Committee members will be provided by the Office of the University Counsel.

If you are selected to serve on the Committee, you will be contacted by telephone or e-mail by the Office of the University Counsel to confirm your willingness to serve on the Committee. If you are not selected, your information will be kept on file for one year in case vacancies arise.

May 8, 2012

WELCOME CHELSEA THOMPSON

We are pleased to announce that Chelsea Thompson has joined the Office of the University Counsel as Legal Counsel. Chelsea is an alumnus of UBC, receiving her Bachelor of Arts in 1999. In 2004, Chelsea obtained her law degree from University of Ottawa and was called to the British Columbia bar in 2005. She articled and practised corporate law for 4 years at the law firm of Farris, Vaughan, Wills & Murphy LLP before joining MacDonald, Dettwiler and Associates Ltd., as in house Corporate Counsel in 2009.

Chelsea can be reached by e-mail at chelsea.thompson@ubc.ca or by telephone at (604) 822-5500.

April 12, 2012

CALL FOR VOLUNTEERS

The University Counsel invites interested students to apply for positions on the President’s UBC Vancouver Non-Academic Misconduct Committee.

The Committee serves a very important role. It assists the President by investigating allegations of non-academic misconduct made against UBC Vancouver students under the Student Code of Conduct, and reporting its findings to the President. Members of the Committee are appointed by the President on the recommendation of the University Counsel. Except for the Committee Chair, all members of the Committee will be UBC Vancouver students. For more information about the role of the Committee, please see the web site of the Office of the University Counsel at: http://universitycounsel.ubc.ca/discipline/ and the Rules of the Committee at: http://universitycounsel.ubc.ca/files/2012/02/Rules-for-the-Presidents-Non-Acad-Misconduct-Committees.pdf.

To ensure that a broad range of students are represented on the Committee, the University Counsel is inviting students who are interested in serving on the Committee to submit their names for consideration. If you wish to be considered, you should provide the following information via email by May 4, 2012 to university.counsel@ubc.ca:

  1. your first and last name;
  2. your student number;
  3. the name of your Faculty;
  4. your telephone number;
  5. your e-mail address;
  6. your mailing address; and
  7. an explanation of 100 words or less explaining your interest in joining the Committee.

If you wish, you may also provide a reference letter from a UBC faculty member, but a reference letter is not required.

Approximately 15 students will be selected to serve on the Committee. Quorum for each Committee meeting is the Chair and at least 2 Committee members, and meetings are set between 9am and 5pm, Monday to Friday. Meetings will be scheduled to fit the needs of the Committee members involved in each case. Training opportunities for Committee members will be provided by the Office of the University Counsel.

If you are selected to serve on the Committee, you will be contacted by telephone or e-mail by the Office of the University Counsel to confirm your willingness to serve on the Committee. If you are not selected, your information will be kept on file for one year in case vacancies arise.

April 3, 2012

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #88 (PATENTS AND LICENSING)

The UBC community is invited to comment on proposed amendments to Policy #88 (Patents and Licensing).

The existing Policy #88 has been in place, without amendment, since 1993. Since that time the technical, collaborative, and educational environments in which the University operates have changed significantly and the University’s practices in relation to the management of intellectual property arising from University research have evolved.

The University Counsel initiated a process to substantially revise Policy #88 in order to create a Policy that: (1) furthers the University’s mandate to facilitate the dissemination of knowledge and maximize the impact that University research and inventions have on society; (2) encourages potential industry partners and other stakeholders to support research and learning at the University by empowering inventors to not only publish the results of their research, but to also utilize other non-commercial means to implement the product of their research into society without unnecessary restriction from the University; and (3) accurately reflects the University’s current practices with respect to the treatment of University inventions.

In addition to meeting these stated goals, the proposed Policy:

  • clarifies that certain inventions of relevance to members of the University community (for example the product of initiatives such as the entrepreneurship @ UBC program and the Capstone Project) are not caught by the scope of the proposed Policy;
  • is not restricted to commercial endeavors nor is it primarily concerned with the generation of financial gain from inventions;
  • recognizes that inventions invariably incorporate a collection of intellectual property rights and accordingly that it would be unfeasible to treat the varying rights which may subsist in inventions (e.g. patents, trade secrets, know-how) distinctly under the proposed Policy;
  • states clearly and unequivocally that members of the University are permitted and encouraged to discuss and publish the results of their research as they see fit, provided only that the relevant member complies with the terms of any agreement that supported the research;
  • recognizes the existence of the many affiliation and research agreements that the University maintains with hospitals, governments and other industry partners;
  • confirms that the University may enter other agreements with third parties to support research at the University and that in so doing such third parties may be granted rights in inventions arising from the research they have supported; and
  • sets out the way in which the University will assist members of the University community in seeing the product of their research implemented in practical applications that positively impact society.

The proposed amendments are now being published and all members of the University community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by October 7, 2012.

UBC POLICIES AND PROCEDURES UPDATES

The Board of Governors has approved the following at its meeting on April 3, 2012:

April 2, 2012

WELCOME LIZ MOXHAM

We are pleased to announce that Liz Moxham has joined the Office of the University Counsel as Legal Counsel (Charitable Giving). While she will be involved in a range of legal matters from time to time, Liz’s primary responsibility will be to provide legal advice and services relating to charitable giving to UBC and to work closely with UBC’s Development Office.

Liz already knows UBC well, having been a part of the Development staff in the Faculty of Medicine for the past 3 years. Prior to that, she was with the BC Children’s Hospital Foundation and the tax group at PricewaterhouseCoopers. She earned her Commerce degree and Law degree at the University of Alberta and her Master of Laws at the University of Melbourne. She is also a Certified Fund Raising Executive and has published and been an invited speaker on a variety of subjects related to charitable giving. We are delighted to have the benefit of Liz’s expertise in tax and trust law as well as her experience in fund-raising.

Liz can be reached by e-mail at elizabeth.moxham@ubc.ca or by telephone at (604) 827-4421.

February 16, 2012

UBC POLICIES AND PROCEDURES UPDATES

The amendments to the following policies have been approved by the Okanagan Senate on January 25, 2012, the Board of Governors on February 2, 2012 (effective February 3, 2012), and the Vancouver Senate on February 15, 2012:

February 6, 2012

CALL FOR COMMENTS – PROPOSED POLICY AMENDMENT: POLICY #89 (RESEARCH INVOLVING HUMAN PARTICIPANTS)

The UBC community is invited to comment on proposed amendments to Policy #89 (Research Involving Human Participants).

The current version of the Policy #89 – Research and Other Studies Involving Human Subjects – was approved in 2002 and has not been substantively reviewed since then, other than a revision in May 2009 of the Procedures associated with the Policy.

The current version of the Policy #89 was created in large part in order for UBC to become compliant with the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans which was issued in 1998 so that UBC would continue to be eligible to receive funding from the Tri-Council granting agencies.

Over the years since its approval, the current version of the Policy #89 has proven to be incompatible with the changing realities of contemporary research, and it was determined that changes needed to be made to the current version of the Policy #89 in order to ensure that Policy #89 and its associated Procedures were sufficiently flexible for practical application. Also, it became necessary to update and revise Policy #89 when a second, revised version of the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (“TCPS2”) was issued in December 2010.

Key elements of the proposed Policy are:

1. The term “human participant” has replaced the term “human subject” in order to reflect the fact that individuals who choose to participate in research generally play a more active role in such research than the term “human subject” conveys, and also to reflect the varied degree of involvement in research by human participants depending on the type of research being conducted.

2. UBC confirms that the research environment at UBC continues to be one in which human participants are properly protected and the following three core ethical principles, as enunciated in TCPS2, will be applied by all UBC-sanctioned research ethics boards: (1) respect for persons; (2) concern for welfare of human participants; and (3) justice.

3. UBC-sanctioned research ethics boards are mandated not only to review but also to maintain ongoing oversight of the ethical acceptability of research involving human participants that is conducted under the auspices of UBC and to apply the above-noted three core ethical principles in so doing.

4. An ethics approval issued by one UBC-sanctioned research ethics board may be recognized by all other UBC-sanctioned research ethics boards, and a research project conducted by one researcher or group of researchers at more than one UBC site shall require ethics approval from only one UBC-sanctioned research ethics board.

5. Receipt by a researcher of research ethics approval from a UBC-sanctioned research ethics board in respect of a particular research project does not necessarily mean that such research project may be commenced or continued, as in some cases, in addition to seeking research ethics approval, a researcher must also seek approvals from other UBC officials or committees or from other agencies.

6. UBC is authorized to enter into alternative ethics review agreements with other institutions in order to facilitate collaborative research projects involving researchers, data or human participants from more than one institution.

7. UBC’s confirms its commitment to academic freedom and independent research by stating that its core values and organizational structure together ensure that research activities that take place under UBC’s auspices are undertaken with integrity, in a manner consistent with the three core ethical principles, and free from undue interference.

8. The proposed Procedures associated with the proposed Policy have been simplified and restructured so as to become more user-friendly.

All members of the University community are encouraged to provide their comments on the proposed amendments to the Policy. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by March 30, 2012.

February 3, 2012

UBC POLICIES AND PROCEDURES UPDATES

The Board of Governors has approved the following at its meeting on February 2, 2012:

January 16, 2012

UBC SEEKING TWO LEGAL COUNSELS

The Office of the University Counsel is currently recruiting for two legal counsel positions. Please see the attached advertisements for more information:

a place of mind, The University of British Columbia

Office of the University Counsel
6328 Memorial Road,
Vancouver, BC, V6T 1Z2, Canada
Tel: (604) 822-1897
Fax: (604) 822-8731
Email:

Emergency Procedures | Accessibility | Contact UBC  | © Copyright The University of British Columbia