News & Updates

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:

• Amendment to Policy #61 – Postdoctoral Fellows; and
• Amendment to Policy #86 – Extraordinary Expenses – Grant and Contract-Funded Employees

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:

• Policy #17 – Appointment of Registrar and Librarians (Joint Senate and Board Policy); and
• Policy #18 – Appointment of Designated Senior Academic Administrators (Joint Senate and Board Policy)

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:

• Amendment to Policy #75 – Appointment of Graduate Students to Teach a Course Requiring a Board of Governors Appointment (Effective February 3, 2012);
• Amendment to Policy #97 – Conflict of Interest and Conflict of Commitment (Effective February 2, 2012); and
• Amendment to Policy #125 – Retained Risk Fund for Major Capital Projects (Effective September 27, 2011)

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:

• Legal Counsel
• Legal Counsel (Charitable Giving)