News and Updates

News and updates from Office of the University Counsel

November 29, 2019

POLICY CONSULTATION – PROPOSED AMENDMENTS TO POLICY SC17 (SEXUAL MISCONDUCT POLICY)

The UBC community is invited to comment on proposed amendments to Policy SC17 (Sexual Misconduct Policy) (formerly numbered Policy #131) (the “Policy”).

The Policy was initially approved by the Board of Governors (“Board”) in May 2017. The Policy states UBC’s commitment to review the Policy at least once every three years, in consultation with students and other members of the UBC community. The Office of the University Counsel convened a Policy Review Committee (“Committee”), which has prepared a draft proposal.

The Policy articulates the commitments and principles to which UBC will adhere to support members of the UBC community who are impacted by sexual misconduct, to provide a central site for information regarding the resources and options available to those affected by sexual misconduct, and to provide a process to respond to and investigate allegations of sexual misconduct.

The proposed amendments are intended to address areas identified during the initial implementation of the Policy, to provide additional guidance and information to the UBC community, and to make various drafting improvements. Among the proposed amendments are:

  • creation of an “immunity” provision to encourage good faith disclosure or reporting of alleged sexual misconduct where the incident may involve the consumption and misuse of drugs or alcohol;
  • creation of a category of “Prohibited Relationships” that prohibits sexual or romantic relationships between certain members of the UBC community with students, in particular, where the member of the UBC community has a supervisory role over the student or otherwise has influence over the student’s current or future academic, working or career advancement; and
  • clarifications and further guidance as to what constitutes consent, the impartial role of the Independent Investigations Office under the direction of the Director of Investigations, alternative resolution processes, and the appropriate use of anonymous and 3rd party reporting by members of the UBC community whom have received a disclosure (i.e., the member is to honour the wishes and autonomy of the disclosing individual).

The proposed amendments to the Policy are now being published and all members of the UBC community are encouraged to provide their comments. It is anticipated that there will also be information sessions on both campuses to provide an overview of the proposed revisions and answer related questions, with further details of those sessions forthcoming. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca or through the confidential feedback survey available here, by January 31, 2020.

For further information about this policy proposal, please see the information package that was provided to the Board at https://bog3.sites.olt.ubc.ca/files/2019/11/5_2019.11_Sexual-Misconduct-Policy-SC17.pdf.

November 28, 2019

POLICY CONSULTATION – PROPOSED RETALIATION POLICY (SC18) 

The UBC community is invited to comment on a proposal to create a university-wide Retaliation Policy. The proposed Retaliation Policy reflects UBC’s appreciation that UBC members take personal risks when reporting improper conduct or participating in related investigations and that UBC wishes to create an environment where impediments to engaging in such activities in good faith are minimized. More particularly, the proposed Retaliation Policy:

  1. provides a mechanism for UBC members who wish to report concerns that they may be subject to, or have experienced, Retaliation, thereby providing security and a level of comfort to such individuals that UBC will seek to provide protective measures for such individuals and to discipline those who engage in Retaliation within reasonable means;
  2. clearly sets out what prohibited behaviour falls under the meaning of “Retaliation” and what Retaliation does and does not include;
  3. creates a consistent approach to be used in addressing Retaliation allegations;
  4. clarifies that if an individual has a concern about improper conduct other than Retaliation, UBC already has a number of policies setting out how to disclose or report such improper conduct and that the concern should be addressed in accordance with those other policies;
  5. provides a wayfinding map in connection with the reporting of improper conduct other than Retaliation;
  6. provides a process through which a UBC member can report concerns about Retaliation;
  7. includes the ability for UBC to implement preventive measures to reduce the risk or impact of Retaliation where possible;
  8. sets out a process to carry out investigations regarding alleged Retaliation and to address findings of Retaliation in a manner that is consistent with other UBC Board Policies; and
  9. requires annual reporting regarding the number of reports of Retaliation received, the number of instances where anticipatory protective measures were undertaken in connection with reports of alleged Retaliation, the number of investigations of alleged Retaliation undertaken, and in the case of investigations that result in finding of Retaliation having occurred, a description of the Retaliation and any recommendations or corrective actions taken in relation to the Retaliation or the reasons why no corrective action was taken.

The proposed Retaliation Policy is now being published and all members of UBC’s 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, 2020.

For further information about the proposed Retaliation Policy, please see the information package that was provided to the Board of Governors at https://bog3.sites.olt.ubc.ca/files/2019/11/6_2019.11_Retaliation-Policy-SC18.pdf.

 

POLICY CONSULTATION – PROPOSED AMENDMENTS TO POLICY SC13 (AT-RISK BEHAVIOUR POLICY)

The UBC community is invited to comment on amendments to Policy SC13 (At-Risk Behaviour Policy) and its related procedures (the “Policy Proposal”).

The At-Risk Behaviour Policy governs the process followed by UBC when imposing restrictions on individuals who pose a risk to themselves, to others, to property on UBC’s premises or who disrupt lawful and legitimate activities on UBC premises. Restrictions include banning individuals from UBC premises, or parts of premises; restricting use of UBC facilities including computing facilities; and imposing no contact orders on individuals.

The Policy Proposal updates the current Policy to reflect best practices and to integrate the Policy with policies that didn’t exist, or have been substantially revised since this Policy was created.  These include:

  • Proposed revisions to the Sexual Misconduct Policy (SC17)
  • Investigations Policy (SC8)
  • Discrimination Policy (SC7)
  • Proposed Retaliation Policy (SC18)

The Proposed Policy establishes an up-to-date, principled and flexible approach to addressing At-Risk Behaviour. More particularly, the Proposed Policy:

  1. Contains a statement of General Principles that provide guidance for interpreting the Proposed Policy.
  2. Is integrated with other current and proposed revisions to Board policies.
  3. Provides clearer and more concise language to describe the process of assessing At-Risk Behaviour and imposing restrictions.
  4. Is implemented and interpreted using a trauma-informed approach without compromising administrative fairness for respondents.
  5. Facilitates current and anticipated practices for dealing with At-Risk Behaviour on both campuses.
  6. Provides clear guidance for Decision Makers regarding the factors to consider when imposing restrictions.
  7. Gives Decision Makers more flexibility in addressing At-Risk Behaviour by expanding and listing the types of restrictions that can be imposed on individuals.
  8. Clarifies the authority of Decision Makers to impose interim restrictions, subject to requirements that are intended to ensure administrative fairness.
  9. Requires that whenever restrictions are imposed that may materially interfere with student life or a student’s studies for 21 days or more, the At-Risk Behaviour will be the subject of a formal investigation.
  10. Provides for alternative processes for putting restrictions in place on a voluntary basis.
  11. Provides guidance for voluntary accommodations that can be made without resorting to formal restrictions.
  12. Ensures that jurisdiction to impose restrictions under the Proposed Policy is consistent with jurisdiction to investigate in the proposed Sexual Misconduct Policy (SC13) and Discrimination Policy (SC7).

The most significant issues the committee considered and discussed while reviewing the Proposed Policy were the following:

  1. What General Principles should govern the Proposed Policy.
  2. Revisions to the definition of At-Risk Behaviour.
  3. What limitations there should be on the jurisdiction of Decision Makers to assess At-Risk Behaviour.
  4. What guidance do Decision Makers need when assessing At-Risk Behaviour.
  5. What additional types of restrictions are necessary to meet the objectives of the policy.
  6. How to ensure consistency with other policies, in particular, investigatory policies such as the Sexual Misconduct Policy (SC17) and Discrimination Policy (SC7).

The Policy Proposal is now being published and all members of UBC’s 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, 2020.

For further information about this Policy Proposal, please see the information package that was provided to the Board of Governors at: https://bog3.sites.olt.ubc.ca/files/2019/11/4_2019.11_At-Risk-Behaviour-Policy-SC13.pdf.

September 26, 2019

POLICY UPDATES TO REFLECT DESIGNATIONS OF RESPONSIBLE EXECUTIVES

For each Board of Governors’ policy, the President designates one or more members of the UBC Executive as having primary responsibility for the implementation and administration of the Board Policy and any associated Procedures and Rules (“Responsible Executives”). A review of these designations was recently completed, and on September 24, 2019, the Board of Governors approved changes to a number of Board policies to reflect changes identified as part of the above-noted review. In addition, the President approved changes to the Procedures related to a number of Policies, which changes were reported to the Board at its meeting on September 24, 2019. The changes include:

  • revisions to reflect the recent realignment of titles as between Dr. Buszard and Dr. Mukherjee Reed;
  • updates to names of titles of Responsible Executives (for example, replacement of references to the “Vice-President Research and International” with “Vice-President, Research and Innovation”);
  • consistent formatting of titles of Responsible Executives; and
  • removal of references to the College of Health Disciplines and the College of Interdisciplinary Studies as these Colleges no longer exist.

For more information regarding the Policies and Procedures which were amended in respect of Responsible Executive Designations, including a list of such Policies and Procedures, please refer to the Board meeting materials available here: https://bog3.sites.olt.ubc.ca/files/2019/09/5.1_2019.09_Designation-of-Responsible-Executive.pdf

 

POLICY GA1 (ACTING PRESIDENT)

On September 24, 2019, the Board of Governors approved amendments to the Acting President Policy. The Acting President Policy designates the individual who will assume the responsibilities of the President if the President is absent or unable to act, or if there is a vacancy in that office. The amended Acting President Policy, as approved by the Board, includes the Provost and Vice-President, Academic (UBC Okanagan) and the Vice-President, Health in the succession line for an acting President in the event that the sitting President is absent or unable to act. The succession line is the following:

  1. Provost and Vice-President, Academic (UBC Vancouver)
  2. Deputy Vice-Chancellor and Principal (UBC Okanagan)
  3. Provost and Vice-President, Academic (UBC Okanagan)
  4. Vice-President, Research and Innovation
  5. Vice-President, Health
  6. Vice-President, Finance and Operations
  7. Vice-President, Students
  8. Vice-President, Human Resources
  9. Vice-President, External Relations
  10. Vice-President, Development and Alumni Engagement

A copy of the approved Acting President Policy is available at: https://universitycounsel.ubc.ca/files/2019/08/Acting-President-Policy_GA1.pdf.

The information package that was provided to the Board of Governors is available at: https://bog3.sites.olt.ubc.ca/files/2019/09/2_2019.09_Acting-President-Policy-GA1.pdf.

 

POLICY GA7 (BRAND IDENTITY)

On September 24, 2019, the Board of Governors approved the proposed amendments to Policy GA7 (Brand Identity). The Brand Identity Policy sets out the responsibilities of UBC faculties, units, departments, staff and faculty members, in ensuring that they appropriately and consistently use UBC’s logos, typeface, brand colours and other brand elements.

The proposed amendments to the Brand Identity Policy are intended to more clearly set out these responsibilities to use UBC Brand Identity Elements in a consistent manner on UBC Branded Material and in accordance with the library of resources published by the Brand and Marketing department, which will be renamed from “guidelines” to “rules” to more accurately align with the intent of the Brand Identity Policy.

The proposed amendments to the Brand Identity Policy include the addition of Procedures, which will:

  • clearly identify the UBC departments and/or units responsible for establishing and/or supporting UBC’s brand to enable UBC members to meet their responsibilities; and
  • identify the resources available to support proper adherence to and consistent use of UBC’s Brand Identity Elements by UBC members.

A copy of the approved Policy GA7 (Brand Identity) is available at: https://universitycounsel.ubc.ca/files/2019/09/Brand-Identity-Policy_GA7.pdf.

The information package that was provided to the Board of Governors is available at: https://bog3.sites.olt.ubc.ca/files/2019/09/8.2_2019.09_GA7-Visual-Identity.pdf.

 

POLICY AP8 (DEANS EXTENSION)

On September 24, 2019, the Board of Governors approved amendments to the Deans Extension Policy to correct out-of-date references. The amendments:

  • clarify the application of the Deans Extension Policy in respect of the Dean of the UBC Okanagan College of Graduate Studies, including clarifying the composition of Advisory Committees for searches of Deans of the UBC Vancouver Faculty of Graduate and Postgraduate Studies and the Dean of the UBC Okanagan College of Graduate Studies, and updating the definition of “Deans” to include the Dean of the UBC Okanagan College of Graduate Studies;
  • update the definitions of “Dual-Campus Faculty”, “UBC Okanagan Faculty”, and “UBC Vancouver Faculty” to reflect the establishment of the Faculty of Education as a dual-campus faculty effective July 1, 2018; and
  • reflect the realignment of titles as between the Deputy Vice-Chancellor and Principal, UBC Okanagan, and the Provost and Vice-President, Academic, UBC Okanagan.

A copy of the approved Deans Extension Policy is available at: https://universitycounsel.ubc.ca/files/2019/08/Deans-Extension-Policy_AP8.pdf.

The information package that was provided to the Board of Governors is available at: https://bog3.sites.olt.ubc.ca/files/2019/09/1_2019.09_AP5-Deans-Principals-Appt-Policy-1.pdf

 

REPEAL OF POLICY #65 (RELIGIOUS HOLIDAYS)

On September 24, 2019, the Board of Governors approved the repeal of Policy #65 (Religious Holidays).

Former Policy #65 overlapped with Policy SC7 (Discrimination) (formerly numbered Policy #3) which sets out UBC’s commitment to maintain and respect human rights and prevent discrimination on all of the grounds prohibited by the Human Rights Code, including religion, and is also addressed in collective agreements, through the Senate Policy on Academic Concessions in both the UBC Vancouver and UBC Okanagan Academic Calendars, and information available on the website of the Equity & Inclusion Office. The repeal of Policy #65 removes the redundancy and furthers UBC’s goal of enhancing the consistency and cogency of the University’s governance.

The information package that was provided to the Board of Governors is available at: https://bog3.sites.olt.ubc.ca/files/2019/09/8.1_2019.09_Policy-65-Repeal.pdf.

 

June 24, 2019

POLICY #16 (OWNERSHIP AND USE OF UBC EQUIPMENT AND UBC SUPPORT SERVICES)

On June 13, 2019, the Board of Governors approved amendments to Policy #16 (Non-University Use of University Services and Facilities) and repeal of Policies #109 (Ownership) and #121 (Campus Mail Services) as the subject matter of those latter policies fall within the amended Policy #16.

The approved amendments confirm that all of UBC’s equipment is owned by UBC and, consistent with UBC’s charitable status, that all such equipment and all of UBC’s support services are to be used primarily for the achievement of UBC’s academic mission and purposes.

The Policy also establishes principles about non-UBC uses of UBC’s equipment and support services, as well as the limited circumstances in which the excess capacity of equipment and support services may be used for non-UBC purposes, such as incidental personal use.

A copy of the approved Policy #16 is available at https://universitycounsel.ubc.ca/files/2019/06/policy16.pdf.

The information package that was provided to the Board of Governors is available at https://bog3.sites.olt.ubc.ca/files/2019/06/3.2_2019.06_Policy-16.pdf.

 

June 14, 2019

POLICY #101 (VENDING MACHINES ON OR IN UBC SPACE)

On June 13, 2019, the Board of Governors approved proposed amendments to Policy #101 (Vending Machines on Campus). Policy #101 addresses the process by which the acquisition installation of vending machines on campus is approved and which UBC units have the responsibility for such approvals.

The proposed amendments to Policy #101 are intended to ensure that vending machines are installed with appropriate input and that any profit or commissions generated from the vending machines are received by the appropriate UBC unit or department.

A more robust set of Procedures to Policy #101 is intended to clarify:

  • the responsibilities for the acquisition and installation of vending machines;
  • the scope of which types of vending machines are covered by the Policy; and
  • that certain UBC stakeholders may be interested in promoting or restricting the inclusion of certain products in vending machines at UBC by including procedures for additional engagement with concerned UBC stakeholders.

A copy of the approved Policy #101 is available at https://universitycounsel.ubc.ca/files/2019/06/policy101.pdf.

For the full text of the policy, please visit https://bog3.sites.olt.ubc.ca/files/2019/06/4.2_2019.06_Policy-101.pdf.

 

June 11, 2019

CALL FOR STUDENT VOLUNTEERS FOR PRESIDENT’S NON-ACADEMIC AND ACADEMIC MISCONDUCT COMMITTEES, AND UBC BOARD POLICY REVIEW COMMITTEES

The University Counsel invites interested students to submit expressions of interest to serve on:

  • the President’s UBC Vancouver and Okanagan Non-Academic Misconduct Committees (“NAMCs”);
  • the UBC President’s Advisory Committee on Student Discipline (“PACSDs”); and
  • Board of Governors Policy Review Committees (“Policy Committees”).

NAMCs:

The NAMCs serve a very important role. They assist the President by investigating allegations of non-academic misconduct made against UBC students under the Student Code of Conduct, and reporting their findings to the President (the NAMCs do not investigate allegations of sexual misconduct, as those allegations are investigated under UBC Board of Governors Policy #131, Sexual Assault and Other Sexual Misconduct, and the process set out under that Policy). Apart from the Chairs, who are normally senior faculty or staff members, all members of the NAMCs are students. UBC Okanagan students are eligible to serve on the Okanagan NAMC, which investigates allegations of misconduct arising at UBC’s Okanagan campus. UBC Vancouver students are eligible to serve on Vancouver NAMC, which investigates allegations of misconduct arising at UBC’s Vancouver campus. All members of the NAMCs are appointed by the President on the recommendation of the University Counsel and serve for a one-year term that runs from September 1 to August 30. Members may be appointed for subsequent terms. Approximately 5 new students will be selected for the Okanagan NAMC and 2 new students for the Vancouver NAMC. Quorum for meetings of the NAMCs is the Chair and at least 2 other members. Because cases are typically investigated by a subset of the applicable NAMC, the caseload is distributed amongst the members and based upon the respective members’ availability. Over the last few years, the Okanagan NAMC has held approximately 5 meetings and the Vancouver NAMC has held approximately 3 meetings. For more information about the NAMCs, please see the website of the Office of the University Counsel at: https://universitycounsel.ubc.ca/discipline/non-academic-misconduct/ and the Rules for the NAMCs at: https://universitycounsel2.sites.olt.ubc.ca/files/2012/02/Rules-for-the-Presidents-Non-Acad-Misconduct-Committees.pdf.

PACSDs:

The PACSDs assist the President by investigating allegations of academic misconduct made against UBC students and reporting their findings to the President. The PACSD Chair is a senior faculty member and the other PACSD members consist of both senior UBC faculty members and UBC students. UBC Okanagan students are eligible to serve on the Okanagan PACSD, which investigates allegations of misconduct arising at UBC’s Okanagan campus. UBC Vancouver students are eligible to serve on Vancouver PACSD, which investigates allegations of misconduct arising at UBC’s Vancouver campus. All members of the PACSDs are appointed by the President on the recommendation of the University Counsel and serve for a one-year term that runs from September 1 to August 30. Members may be appointed for subsequent terms. Approximately 2 new students will be selected for the Okanagan PACSD and 2 new students for the Vancouver PACSD. Quorum for meetings of the PACSDs is the Chair and at least 2 other members. Because cases are typically investigated by a subset of the applicable PACSD, the caseload is distributed amongst the members and based upon the respective members’ availability. Over the last few years, the Okanagan PACSD has held approximately 5 meetings and the Vancouver PACSD has held approximately 30 meetings. For more information about the PACSDs, please see the website of the Office of the University Counsel at: https://universitycounsel.ubc.ca/discipline/academic-misconduct/ and the Rules for the PACSDs at: https://universitycounsel2.sites.olt.ubc.ca/files/2010/09/PACSD_Rules.pdf.

Scheduling of NAMC and PACSD Meetings:

Meetings are normally set between 9am and 5pm, Monday to Friday. Meetings will be scheduled to fit the needs of the members involved in each case. Training opportunities for members will be provided by the Office of the University Counsel.

Policy Committees:

The policies established by UBC’s Board of Governors (“Board Policies”) are principle-based documents developed to regulate matters that are within the jurisdiction of the Board of Governors. A complete list of current Board Policies may be found here: https://universitycounsel.ubc.ca/policies/.

The Office of the University Counsel coordinates the development of proposals for the consideration of the Board of Governors regarding the establishment, amendment or repeal of Board Policies. This includes striking committees to consider Board Policies and recommend new Board Policies or changes to existing Board Policies (“Policy Committees”). The input from Policy Committees drives the content of the proposals that go to the community for further consultation and that ultimately go to the Board of Governors for approval. Policy Committees normally include students, staff, and faculty members. The composition of any particular Policy Committee will be based upon the subject matter of the Board Policy and ideally will: include individuals with the subject matter expertise and knowledge of UBC necessary to support the development of an effective proposal; individuals who are representatives of units responsible for the implementation of the Board Policy; and individuals from the primary constituencies within UBC that would be impacted by the proposal. To the extent feasible, the composition of Policy Committees will represent the diversity of the UBC community.

How to Submit Your Expression of Interest:

To ensure that a broad range of students are represented on the various committees described above, the University Counsel is inviting students who are interested in serving on them to submit their names for consideration. If you wish to be considered, you should provide the following information via email by Friday, July 19, 2019 to student.conduct@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;
  7. the name of the committee in which you are interested; and
  8. a concise written statement explaining your interest in joining the committee.

If you are interested in serving on more than one of the committees described above, please list all of the committees in which you are interested.

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

Equity and diversity are essential to academic excellence and the development of an open and inclusive community. We encourage applications from individuals that have been underrepresented or marginalized. If you wish, please feel free to indicate in your expression of interest how your personal experience may assist you in participating on the committees, including any experience working in diverse communities.

Students who are selected to serve on a NAMC or a PACSD will be contacted by the Office of the University Counsel in late July or early August and will receive a formal letter appointing them to the relevant committee.

Since Policy Committees are struck at various times throughout the year, students who are selected to serve on a Policy Committee may be contacted by the Office of the University Counsel at any time.

Thank you for your interest.

 

June 10, 2019

POLICY CONSULTATION – PROPOSED POLICY GA2 (REGULATORY FRAMEWORK FOR THE ADMINISTRATION OF BOARD POLICIES AND PROCEDURES)

The UBC community is invited to comment on the Proposed Policy GA2 (Regulatory Framework for the Administration of Board Policies and Procedures) and its related procedures (collectively, the “Policy Proposal”). The Policy Proposal amends and renames existing Policy #1 (Administration of Policies). The Policy Proposal provides a comprehensive framework for the establishment, review, and administration of Board of Governors (“Board”) policies and procedures (“Board Policies and Procedures”) and rules and guidelines related to Board Policies and Procedures (“Rules and Guidelines” and together with Board Policies and Procedures, “Board Policy Documents”). More particularly, the Policy Proposal:

  1. confirms the purpose and nature of each category of Board Policy Documents;
  2. sets out standards for the establishment, review, amendment, or repeal of Board Policy Documents;
  3. confirms the development process for Board Policy Documents;
  4. confirms authority for approval of Board Policy Documents, and for granting exceptions to Board Policy Documents;
  5. sets out the effective dates of new, amended, or repealed Board Policy Documents;
  6. sets out the process for communication of updates to Board Policy Documents; and
  7. confirms the location of the official repository of Board Policy Documents.

The Policy Proposal sets out four categories of Board Policy Documents as follows:

  1. Board Policies are principle-based documents developed to regulate matters that are within the exclusive jurisdiction of the Board; Board Policies are mandatory in nature; the Board has exclusive authority to establish, amend, and repeal Board Policies;
  2. Procedures provide direction regarding the operational application of the Board Policy with which the Procedures are associated; Procedures are mandatory in nature; the Board has authority to establish, amend, and repeal Procedures but also delegates such authority to the President;
  3. Rules are intended to set out detailed processes and requirements that are not appropriate for inclusion in the associated Board Policy or Procedures; Rules are mandatory in nature; where the establishment of associated Rules is contemplated by a Board Policy or Procedures, the Responsible Executive for the Board Policy has the authority to establish, amend, or repeal those Rules in accordance with any requirements set out in the Board Policy or Procedures for doing so; and
  4. Guidelines are advisory publications that are intended to provide guidance as to how the associated Board Policy, Procedures, and Rules are implemented and may include illustrative examples, best practices, or recommendations; Guidelines are non-binding in nature.

The Policy Proposal enhances transparency and understanding of the method by which the Board or its delegates establish documents which provide direction to UBC members regarding a range of matters that fall within the statutory authority of the Board. The Policy Proposal also identifies those circumstances in which an action taken in respect of the administration of Board Policy Documents must be reported to the Board or the responsible Board committees. These reporting requirements ensure that the Board and the responsible Board committees have all necessary information for the proper management and oversight of the regulatory framework of the Board.

The Policy Proposal is now being published and all members of UBC’s 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, 2019.

For further information about this Policy Proposal, please see the information package that was provided to the Board of Governors at https://bog3.sites.olt.ubc.ca/files/2019/05/3_2019.06_Policy-1-GA2.pdf.

 

May 10, 2019

WELCOME TO STEPHANIE MACLEOD AND SUZANNE RAIKES   

We are very pleased to announce that Stephanie MacLeod and Suzanne Raikes have joined the Office of the University Counsel in the role of Freedom of Information Specialist.

Stephanie has more than seven years’ experience managing access to information requests in BC and Newfoundland. She holds an MA from Athabaska University and a PhD in Political Economy from the University of Hull, in the UK, and she is a Certified Information Access and Protection of Privacy Administrator through the International Association of Privacy Professionals.

Suzanne is rejoining the office, having spent five months with us last year as the interim FOI Assistant. She has had a varied career as a manager and director in the private sector, with experience in training, records management, and project management. She has a BA in Behavioural Science from La Trobe University and a Graduate Diploma in Educational Psychology from Monash University in Melbourne, Australia.

Stephanie can be reached by email at stephanie.macleod@ubc.ca and Suzanne can be reached by email at suzanne.raikes@ubc.ca.

 

May 2, 2019

POLICY #92 (LAND USE, PERMITTING AND SUSTAINABILITY)

On April 18, 2019, the Board of Governors approved amendments to Policy #92 (Land Use and Permitting) and associated Procedures, and the repeal of Policy #5 (Sustainable Development).

The approved amendments integrate land use, sustainable development and sustainable operations in a cohesive policy, streamline the number of Board policies, and further strengthen the systems for managing land use and other activities, including business licensing and sustainability initiatives, on UBC’s campuses. Some of the key amendments to Policy #92 are summarized below:

  • includes UBC’s objectives and commitment in respect of sustainability and explicitly contemplates the creation of Land Use Rules to address sustainable operations and development;
  • reorganizes the sections in Current Policy #92 for improved flow and readability;
  • includes the broader title of “Land Use, Permitting and Sustainability” and the broader land use committee name of “Land Use and Operational Sustainability Committee” to ensure that the appropriate level of prominence is given to sustainability as a key consideration;
  • sets out four categories of documents governing land use at UBC and describes the nature and effect of documents in each of the categories; the four categories are: External Governance Requirements, Land Use Rules, Plans and Guidelines;
  • sets out the mechanisms to adopt, amend or repeal Land Use Rules, Plans and Guidelines;
  • contains an expanded range of matters that can be appealed; pursuant to the amended Policy #92, decisions made by a Director of Campus & Community Planning with respect to applications for permits, licenses or variances can be appealed; the decision of the Associate Vice-President, Campus & Community Planning in respect of any appeal will continue to be final;
  • provides clarity to the UBC community regarding the scope of application of Policy #92, including the areas and building to which the Land Use Rules, Plans and Guidelines apply;
  • modifies the composition of the Land Use and Operational Sustainability Committee by adding the Associate Vice-President, Facilities as a member of this committee and by allowing up to four external members; the amended Policy #92 sets out further details how the committee members will be selected; and
  • includes a new section providing that meetings of the Land Use and Operational Sustainability Committee will normally be conducted in open session unless the committee Chair designates that certain matters which are of a nature that requires they be handled with due and appropriate sensitivity, are to be dealt with in closed session.

A copy of the approved Policy #92 is available at https://universitycounsel.ubc.ca/files/2019/05/policy92.pdf.

For the full text of Policy #92 (Land Use, Permitting and Sustainability), please visit https://bog3.sites.olt.ubc.ca/files/2019/03/2_2019.04_Policy-92.pdf.

 

May 1, 2019

POLICY #83 (TRAVEL AND OTHER BUSINESS-RELATED EXPENSES)

On April 18, 2019, the Board of Governors approved the proposed Policy #83 (Travel and Other Business-Related Expenses) and associated Procedures and the repeal of Policies #79 (Travel Assistance for Graduate Students), #80 (Travel Expenses – Recipients of Honorary Degrees), #84 (Entertainment), and #115 (Gifts). The approved Policy #83 and the repeal of Policies #79, 80, 84, and 115 will take effect upon confirmation by the Vice-President, Finance and Operations, which confirmation is expected to occur when a set of Rules (as defined in approved Policy #83) is available for implementation.

Until such effective date is confirmed by the Vice-President, Finance and Operations, the current Policies #79 (Travel Assistance for Graduate Students), #80 (Travel Expenses – Recipients of Honorary Degrees), #83 (Travel and Related Expenses), #84 (Entertainment), and #115 (Gifts) and any associated Procedures and Directives continue to govern and remain in effect. Copies of these current Policies and applicable associated Procedures and Directives are available at https://universitycounsel.ubc.ca/policies/index/.

The approved Policy #83 updates, consolidates, and creates a principle-based policy to govern the incurring of expenses on behalf of UBC and claims for reimbursement of such expenses. The approved Policy #83 sets out a specific process to create formal rules governing the incurring of business-related expenses on behalf of UBC and claims for reimbursement of such expenses. The approved Policy #83 sets out the principles that apply to incurring expenses on behalf of UBC and reimbursement of such expenses, and provides high-level guiding principles regarding expenses incurred for purposes of travel, entertainment, gifts, and business-related work tools. The common theme set out in the approved Policy #83 is that expenses incurred on behalf of UBC must be appropriate, reasonable, and financially prudent. The Procedures establish approval requirements, the process for submitting claims for reimbursement, audit rights of UBC in respect of business-related expenses incurred on behalf of UBC, and a process to create the formal rules.

For the full text of Policy #83 (Travel and Other Business-Related Expenses), please visit https://bog3.sites.olt.ubc.ca/files/2019/03/9_2019.03_Policy-83.pdf.

 

April 30, 2019

POLICY CONSULTATION – PROPOSED AMENDMENTS TO POLICY #94 (VISUAL IDENTITY)

The UBC community is invited to comment on proposed amendments to Policy #94 (Visual Identity) (the “Policy”)

The Policy was initially approved by the Board of Governors (the “Board”) in 2003 and has not been amended since. The Office of the University Counsel convened a Policy Review Committee, which has prepared a draft proposal.

The Policy sets out the responsibilities of UBC faculties, units, departments, staff and faculty members, in ensuring that they appropriately and consistently use UBC’s logos, typeface, brand colours and other brand elements.

The proposed amendments to the Policy are intended to more clearly set out these responsibilities to use UBC Brand Identity Elements in a consistent manner on UBC Branded Material and in accordance with the library of resources published by the Brand and Marketing department, which will be renamed from “guidelines” to “rules” to more accurately align with the intent of the Policy.

The proposed amendments to the Policy include the addition of Procedures, which will:

  • clearly identify the UBC departments and/or units responsible for establishing and/or supporting UBC’s brand to enable UBC members to meet their responsibilities; and
  • identify the resources available to support proper adherence to and consistent use of UBC’s Brand Identity Elements by UBC members.

The proposed amendments to the Policy are now being published and all members of the UBC community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by June 14, 2019.

For further information about this Policy proposal, please see the information package that was provided to the Board at https://bog3.sites.olt.ubc.ca/files/2019/03/4_2019.04_Policy-94.pdf.

 

April 25, 2019

POLICY #3 (DISCRIMINATION)

On April 18, 2019, the Board of Governors approved proposed amendments to Policy #3.

Policy #3 addresses the process by which concerns relating to matters of discrimination on the grounds protected by the BC Human Rights Code (“Code”) are addressed by the University. The new Policy #3 amendments are intended to bring the policy into alignment with current practices. The most significant changes in the policy were as follows:

  • changing the title of the Policy from “Discrimination and Harassment” to “Discrimination” to more accurately reflect the contents of the policy;
  • updating names of offices and positions;
  • focusing the role of the Administrative Head of Unit;
  • clarifying the jurisdiction of the Director of Investigations to investigate complaints;
  • updating the privacy and confidentiality language to create consistency with other policies; and
  • deleting the one-year limitation period to bring a complaint

For the full text of the policy, please visit https://universitycounsel.ubc.ca/files/2019/04/policy3.pdf.

April 4, 2019

POLICY CONSULTATION – PROPOSED REPEAL OF POLICY #65 (RELIGIOUS HOLIDAYS)

The UBC community is invited to comment on the proposed repeal of Policy #65 (Religious Holidays).

Policy #65 (Religious Holidays) was created in 1994 to articulate the basis on which students and members of faculty and staff could observe the holy days of their religion, and has never been amended.

UBC’s legal responsibility to accommodate observance of religious holidays by students, faculty and staff arises from UBC’s obligation under the Human Rights Code not to discriminate on the basis of protected grounds, including religion.

Subsequent to the establishment of Policy #65, UBC created Policy #3 (Discrimination and Harassment), which sets out UBC’s commitment to maintain and respect human rights and prevent discrimination on all of the grounds prohibited by the Human Rights Code, including religion, rendering significant parts of Policy #65 somewhat redundant.

In addition to Policy #3, UBC’s commitment and obligation to accommodate observance of religious holidays is also addressed in collective agreements, through the Senate Policy on Academic Concessions in both the UBC Vancouver and UBC Okanagan Calendars, and information available on the website of the Equity & Inclusion Office. UBC’s measures to accommodate students are appropriately addressed by the Senate, given its jurisdiction for academic governance, and the Senate is in the process of developing a new Senate Policy governing students’ observance of religious holidays (and potentially broader religious observances).

Policy #3 (which through its current review process has incorporated language adapted from Policy #65 as to relevant factors to be taken into consideration in accommodation requests) and the new Senate policy will be supported by further information providing administrative details and guidance for accommodations for students, faculty and staff on the websites of Human Resources and the Equity & Inclusion Office as well as other communication channels, bringing awareness to and allowing for flexible ways of educating those involved in making and responding to religious accommodation requests.

The committee recommends the repeal of Policy #65 as it is substantively contained within the various overlapping documents and measures above, will avoid the risk of either the Board or Senates acting in areas beyond their jurisdiction, and will reduce any conflict, confusion or redundancy between documents with no lessening of UBC’s commitment and obligations as to religious holidays.

Proposed repeal of Policy #65 is now being published and all members of the UBC community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by May 4, 2019.

For further information about this policy proposal, please see the information package that was provided to the Board of Governors at https://bog3.sites.olt.ubc.ca/files/2019/03/3_2019.04_Policy-65.pdf.

February 27, 2019

POLICY CONSULTATION – PROPOSED AMENDMENTS TO POLICY #16 (NON-UNIVERSITY USE OF UNIVERSITY SERVICES AND FACILITIES)

The UBC community is invited to comment on proposed amendments to Policy #16 (Non-University Use of University Services and Facilities).

Policy #16 was initially approved by the Board of Governors (“Board”) in February 1981 and has not been updated since. The Office of the University Counsel convened a Policy Review Committee (“Committee”), which has prepared a draft proposal.

Policy #16 governs non-university use of University equipment and support services. As a charitable organization and responsible steward of public resources, UBC acquires equipment for the achievement of UBC’s mission and purposes. Reflecting UBC’s charitable status, the Policy establishes the principle that UBC’s equipment and support services may not be used for non-UBC purposes, such as for personal purposes and business uses, unless such use is authorized by the appropriate member of the UBC administration, who shall ensure that the University is suitably compensated for any such uses.

The proposed amendments:

(a)  confirm that all of UBC’s equipment is owned by UBC, and reinforce the requirement flowing from UBC’s charitable status that all such equipment and all of UBC’s administrative support services are to be used primarily for the achievement of UBC’s academic mission and purposes;

(b)  formalize a responsible approach to the use of any excess capacity of UBC’s equipment and services, whether for purposes that advance research, knowledge exchange, collaboration, innovation, and entrepreneurship, or incidental personal purposes;

(c)  clarify the scope of the Policy and provide way-finding provisions to other related Board policies (e.g., Policy #16 excludes the use of indoor and outdoor space, which is addressed by another Board policy); and

(d)  update the Policy to recognize that retention and use of revenues generated from third party (non-UBC) use of UBC equipment and related technical services are subject to the direction of the Vice-President, Finance and Operations, while reflecting the current practice that such revenue normally is retained by the unit to whom the equipment is assigned.

The Committee recommends the concomitant repeal of Policy #109 – Ownership, and Policy #121 – Campus Mail Services, with the support of those Policies’ Responsible Executives. The proposed amendments to Policy #16 incorporate the subject matter, principles and requirements of Policies #109 and #121 and, thus, render them redundant. The amendments also include changing the name of the Policy to “Ownership and Use of UBC Equipment and UBC Support Services” to reflect its scope and align with other related Board policies.

The proposed amendments to Policy #16 are now being published and all members of the UBC community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by April 2, 2019.

For further information about this policy proposal, please see the information package that was provided to the Board at https://bog3.sites.olt.ubc.ca/files/2019/02/3_2019.02_Policy-16-Policy-109-Policy-121.pdf.

POLICY CONSULTATION – PROPOSED AMENDMENTS TO POLICY #101 (VENDING MACHINES ON CAMPUS)

The UBC community is invited to comment on proposed amendments to Policy #101 (Vending Machines on Campus).

The Policy was initially approved by the Board of Governors (the “Board”) in 1977 and was most recently amended in 1993. The Office of the University Counsel convened a Policy Review Committee, which has prepared a draft proposal.

The Policy addresses the process by which the acquisition installation of vending machines on campus is approved and which UBC units have the responsibility for such approvals.

The proposed amendments to the Policy are intended to ensure that vending machines are installed with appropriate input and that any profit or commissions generated from the vending machines are received by the appropriate UBC unit or department.

A more robust set of Procedures to the Policy is proposed to clarify

  • the responsibilities for the acquisition and installation of vending machines;
  • the scope of which types of vending machines are covered by the Policy; and
  • that certain UBC stakeholders may be interested in promoting or restricting the inclusion of certain products in vending machines at UBC by including procedures for additional engagement with concerned UBC stakeholders.

Finally, the proposed amendments update administrative unit and position titles that have changed since the last time it was revised.

The proposed amendments to the Policy are now being published and all members of the UBC community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by April 5, 2019.

For further information about this Policy proposal, please see the information package that was provided to the Board at https://bog3.sites.olt.ubc.ca/files/2019/02/5_2019.02_Policy-101-Amendments.pdf.

 

February 15, 2019

POLICY #15 (SMOKING, VAPING, AND SALE OF TOBACCO-RELATED PRODUCTS ON CAMPUS)

On February 12, 2019, the Board of Governors approved proposed amendments to Policy #15 (Smoking and Smoking Product Promotion on Campus).

The proposed amendments are intended to ensure that Policy #15 is clear and updated in response to the federal Cannabis Act coming into effect on October 17, 2018 and legalizing the possession and sale of certain amounts and certain classes of cannabis.

Key amendments to Policy #15 that are summarized as follows:

  • “Vaping” has been added to the definition of “Smoking”;
  • Smoking or vaping of tobacco and cannabis products are explicitly treated the same;
  • The current smoking-permitted and smoke-free zones on both campuses will remain unchanged;
  • The prohibition against the sale of tobacco and tobacco-related products, such as accessories which may also be used in the smoking of cannabis, will continue; and
  • There will be no general prohibition on the sale of cannabis. Any person wishing to establish a cannabis retail outlet on campus will be required to obtain a provincial and federal licence, as well as a business licence from the applicable authority (the City of Kelowna for UBC Okanagan or Campus & Community Planning for UBC Vancouver).

The amendments to Policy #15 are part of an overall campus strategy to respond to the legalization of cannabis. The Office of the Vice-President, Students has been delivering an education campaign to raise awareness and educate students about cannabis consumption. Campus & Community Planning are currently conducting engagement with the intent of creating additional No Smoking Areas on the Vancouver campus.

For the full text of the policy, please visit: https://universitycounsel.ubc.ca/files/2019/02/policy15.pdf

For further information about cannabis on campus, please visit: https://universitycounsel.ubc.ca/cannabis-faqs/

February 13, 2019

POLICY #93 (OPEN, CLOSED AND IN CAMERA MEETINGS OF THE BOARD OF GOVERNORS)

On February 8, 2019, the Governance Committee of the UBC Board of Governors approved the following documents: Board Meeting Rules and Practices and Committee Meeting Rules and Practices, and on February 12, 2019, the UBC Board of Governors approved proposed amendments to Policy #93 (Closed Meetings of the Board of Governors). The amendments to Policy #93 provide a comprehensive and clear set of principles, criteria and processes to be applied in the conduct of open, closed and in-camera sessions of meetings of the Board and Board Committees in a manner that allows for effective governance and balances the Board’s commitment to transparency and accountability, the need to treat certain matters with respect and confidentiality, as well as the statutory duty of Governors to always act in the best interest of the University. The updated Policy also introduces process and accountability mechanisms not previously in place, and the Board Meeting Rules and Committee Meeting Rules articulate comprehensive meeting rules, which were not previously set out in a Board or UBC policy. Together these three documents provide a comprehensive and clear set of principles, rules and procedures for meetings of the Board and Board Committees.

A copy of the approved Policy #93 is available at: https://universitycounsel.ubc.ca/files/2019/02/policy93.pdf
A copy of the Board Meeting Rules and Practices is available at: https://universitycounsel.ubc.ca/files/2019/02/Board-Meeting-Rules-and-Practices.pdf
A copy of the Committee Meeting Rules and Practices is available at: https://universitycounsel.ubc.ca/files/2019/02/Committee-Meeting-Rules-and-Practices.pdf

February 4, 2019

POLICY #73 (ACCOMMODATION FOR STUDENTS WITH DISABILITIES)

Proposed amendments to Policy #73 (Accommodation for Students with Disabilities) and associated procedures were approved by the Board on December 4, 2018, the Vancouver Senate on December 12, 2018, and the Okanagan Senate on January 31, 2019.

The approved amendments are intended to modernize the Policy and ensure a more effective and accountable process for accommodating students with disabilities at the University by providing additional guidance for students, faculty and staff in terms of the process by which accommodations for students with disabilities are made at the University. The key elements of the amendments do the following:

  1. remove the word “academic” from the title of the Policy so that it is clear that the Policy applies beyond academic considerations;
  2. explain the purpose of accommodation in the learning environment and the University’s responsibility and commitment to providing accommodation;
  3. expand upon and clarify the scope of the Policy;
  4. define key terms used in the Policy;
  5. clearly set out the responsibilities of those key members of the University involved in the accommodation process;
  6. distinguish disabilities from temporary health issues, which are addressed through the process set out in the Senate Regulation on Academic Concession in the University’s academic calendars;
  7. bring the Policy into alignment with the University’s existing practices and lay out the process for creating accommodation, step by step;
  8. outline the key principles to be considered when determining and implementing accommodations, including guidance as to how reasonable and appropriate accommodations will be made and what factors are considered, such as explanations surrounding the “undue hardship” limitation to the duty to accommodate and the essential requirement component of this limitation. In this respect, Access & Diversity and the Disability Resource Centre are posting Frequently Asked Questions on their websites that provide further guidance to persons wanting to better understand the concepts of undue hardship and essential requirements for the purposes of Policy #73; and
  9. establish streamlined procedures that are consistent across the two campuses, including new and refined appeal processes where a student or an instructor or other University employee disagrees with a recommended accommodation, allowing for more prompt resolution.

Of particular note is the new mechanism for instructors or other University employees seeking review of an academic accommodation decision to determine whether undue hardship would be incurred. The purpose of this mechanism is to ensure that this review process is timely and allows for a decision to be made by a qualified, well-informed decision-maker, without causing unnecessary delays to the parties affected by such decision.

A copy of the approved Policy #73 is available at https://universitycounsel.ubc.ca/files/2019/02/policy73.pdf.

January 10, 2019

POLICY #113 (ENDOWMENT MANAGEMENT)

Effective January 1, 2019, President Santa Ono approved amendments to the Procedures under Policy #113 (Endowment Management). Policy #113 and its procedures governs the management of the University’s endowments.

Amendments to the Procedures were necessary to add a definition of the Sustainable Future Pool and to clarify reporting requirements related to the Pool; to increase the minimum donation amount for new endowments to $50,000 from the current minimum of $30,000; and to delete an outdated reference to a 2010 policy review.

Pursuant to Policy #1 (Administration of Policies), procedures may be amended by the President provided the new procedures conform to the approved policy and they are reported at the next meeting of the Board of Governors. These amendments will be reported to the Board of Governors at its February 12, 2019 meeting.

A copy of Policy #113 is available at https://universitycounsel.ubc.ca/files/2019/01/policy113.pdf.

 

January 7, 2019

WELCOME TO DIANE BLUE AND MICHAEL JUD   

We are very pleased to announce that Diane Blue and Michael Jud have joined the Office of the University Counsel.

Diane Blue is joining the office as our permanent receptionist. Diane is also a former UBC employee, with more than 10 years of experience working at the Faculty of Medicine where she performed a variety of secretarial, clerical, and financial support duties for the MD Undergraduate Admissions department. Diane holds a BA in Business Administration, and also a Diploma of Culinary Arts.

Diane can be reached by e-mail at diane.blue@ubc.ca or by telephone at 604-822-1897.

Michael Jud is stepping into the new role of Conflict of Interest Manager. Michael’s experience at UBC dates back to 2013, when he began studying law at Allard Hall. Since then, he has held a variety of positions on campus, most recently taking up the post of Ombuds Officer at the UBC Okanagan campus. In his spare time, Michael enjoys sailing and canoeing, and is a member of the UBC Sailing Club.

Michael can be reached by email at michael.jud@ubc.ca or by telephone at 604-827-0769.

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