Given the implications that an unelected body has been running the show at the University of British Columbia, through a series of behind the scenes ad hoc committees, confidence in governance has waned. It is time to recall the Board of Governors. And time to rescind the tuition hike the Board approved in December. Accountability?
After six months of silence, Arvid Gupta is speaking and sorting out distortions of his resignation and what transpired behind the scenes. The Globe and Mail posted a summary last night and this morning Gupta took to the airwaves on CBC.
A one-sided story prompted the University of British Columbia’s ex-President to introduce a reality check. UBC fumbled with Freedom of Information requests for six months but finally disclosed a package earlier this week. UBC Insiders detailed the serious implications of the embedded files, and by yesterday’s end Gupta broke the silence.
Turns out UBC’s Board of Governors formed an ad hoc committee to deflect the President’s attention from reform to their concerns with his style. Listen to CBC for Gupta’s side.
Suggestions that records were “unintentionally leaked” in the University of British Columbia’s Disclosure of FoI records seem a bit of a leap. UBC’s VP External Relations and University Counsel’s only statement on this says nothing about this being unintentional. “UBC deeply regrets… this privacy breach” but says nothing else.
Embedding files within a pdf is extremely intentional.
We need to establish that the embedded files are original records or were tampered with. The docx files embedded (e.g., in record 491) have no time or date stamp in the properties. When were they written or edited?
I’m not yet convinced that these two embedded docx files are the actual or entire records (i.e., “RE: Review of Meeting Held on May 18” and “Follow-Up to Our June 2nd Conversation”).
If the embedded records @ 491 are original, then this level of communication between the Board of Governors and the UBC President is another sign that this BoG has to go.
All who are calling for wholesale resignations across UBC’s BoG? Yes.
The University of British Columbia’s Office of the University Counsel released records this morning related to “Dr. Arvind Gupta’s resignation of his appointment as President and Vice-Chancellor.” Click here for Freedom of Information Disclosure Package.
Initial assessment: Redaction is rampant (e.g., 281-287, 467-83, 492-501, Strategic Plan 516-546, 566-577, 581-584, 846-861). This is sad but predictable. But now we have something to work with. Finally. Thank you FoI?
The process of redaction is simply discretionary: a body can decide what to redact and what to disclose. And for too many records in this Disclosure the redaction is wholesale. Exemptions from disclosure are discretionary and in this case legalism prevails over UBC. Sections 13 (Policy advice or recommendations) and 22 (Disclosure harmful to personal privacy) of the Act are used wholesale in this Disclosure.
Second assessment: Records are undisclosed. There is a large volume of records related to this controversy that remain undisclosed–withheld from Freedom of Information disclosure.
Third assessment: It’s quite a shame and sham, depending on how this disclosure is read. There are way too many red herrings and entirely irrelevant records in this Disclosure (e.g., the Ministry of Advanced Education records, 630-681). I read through the Disclosure package and learned little to nothing about President Gupta’s resignation, his Performance Evaluation, and the role of actors on campus, such as the VPs, Deans, and Board of Governors.
The most relevant records (566-584) are unreasonably redacted: BoG problems late July leading to the resignation. The sole record between Gupta and BoG concerning the resignation (589) is fully redacted. There is an interesting record concerning the Deans (439) as heads were rolling RE President Gupta’s reform of the the now infamous “Provost Model.”
Tentative Final assessment: Request comprehensive disclosure. Follow the money. Deans are running up deficits year after year in many cases as they bloat the admin ranks. Meantime, FT hires stagnate, graduate funding declines, and tuition rises. Follow the money to find out what happened between President Gupta and the BoG.
Index to the Disclosure Package:
- Records related to Dr. Arvind Gupta’s Departure, 1-7
- Records related to Dr. Arvind Gupta’s Performance Targets, 8-33
- Dr. Arvind Gupta’s Expenses, 34-124
- Dr. Arvind Gupta’s Calendar, 125-132
- Records related to Dr. Arvind Gupta’s Emails, 133-248
- Emails between Dr. Arvind Gupta and John Montalbano, 249-587
- Emails between Dr. Arvind Gupta and Board of Governors in relation to resignation, 588-589
- John Montalbano Emails containing “Arvind or Gupta” and “resignation or Piper”, 590-611
- Susan Danard Emails containing “Arvind or Gupta” and “resignation or Piper”, 612-629
- Emails between President’s Office, Board of Governors & Ministry of Education, 630-681
The University of British Columbia is renowned for its lack of accountability and transparency in budget practices. This past year, with sustained failures of accountability and transparency since President Gupta’s resignation in August, the handling of UBC’s budget has reached a new bottom.
Early last week, VP Finance Simpson assembled the Deans and Directors of Finance from each Faculty to present their budgets. The optics are that they played patty-cake over the budget for two days. President Piper is on record commenting that the ‘presentations were excellent’. Yes, many of the Faculties’ budgets are a mess—in perennial deficit– but the PowerPoint slides the Deans presented are a thing of beauty. So that’s where we’re at here at UBC.
Yes, the administrators all get a trophy for participating. Is this not the ‘pampered Dean syndrome’?
In the meantime, too messed (tuum est, eh?) is the budget that in December President Piper rushed the Board of Governors to once again approve international student tuition increases across the Faculties, e.g.:
- An increase in tuition for new incoming international students effective May 1, 2016 and for the two succeeding academic years:
- (a) International undergraduate students (including baccalaureate and post baccalaureate programs):
- 15% increase for all programs (listed in Appendix A), except the Bachelor of Education (0% increase) and the Bachelor of Commerce (23.5% increase) for 2016-2017 and 2017-2018.
- A range of increases from 0% to 15%, as specified in Appendix A, for 2018-2019.
- (b) Non-thesis-based international graduate students:
- A range of increases from 3% to 100%, for programs specified in Appendix A, for 2016-2017.
The PPT slides are a thing of beauty.
Meantime, administrative bloat continues unabated at UBC. Some of the administrators, with their Faculties in deficit, walked out of last week’s budget meeting with the President’s and VP Finance’s approval to hire, yes, more administrators.
Meanwhile, graduate student funding has stagnated; internal graduate funding in some Faculties has not increased for 15 years. Departments have been starved for FT faculty hires and postdocs face an increasingly bleak academic job market.
Meantime, agencies of budget accountability and transparency at UBC, such as the Council of Senates’ Budget Committee, have been reduced to attendants of minutiae. In September, the Budget “Committee Chair noted that the Committee’s formal mandate to advise the President on the University budget, but that it now tended for focus on areas of particular interest to its members, such as the new Student Information System.”
Such is the state of UBC’s budget accountability and transparency. Please, someone has to hold these Deans to account for their budgets.
Oh yea, almost forgot again, happy new year + #100!
The Faculty Association of UBC weighed in on the search for a new President. Since the sudden and still unaccounted for resignation of President Gupta, the University has been reduced to speculation after speculation and controversy after controversy. Now, a search committee for a new President is groping in the dark. With no sense of history or what happened, the search committee is wondering what to do next. Enter the FAUBC:
We strongly urge you to pursue the appointment of an external candidate, one not associated with recent controversies…. Sudden presidential transitions in the university context are unusual, and destructive of internal and external confidence in the institution. It is critical to have a new president who is clearly not part of the pre-existing set of circumstances that saw these crises precipitate.
We add, as well, the observation that the Faculty Association has a large number of unresolved grievances involving the central administration and several deans on core issues such as academic freedom, human rights, and collegial governance (e.g. deans’ interference in hiring and in workload assignments). It will be an unfortunate distraction and complication if the new president is someone al ready implicated in any of these matters. We urge you to seize the opportunity to make a fresh start as we begin to move forward.
THE COURAGE OF HOPELESSNESS: DEMOCRATIC EDUCATION IN THE AGE OF EMPIRE
E. Wayne Ross
University of British Columbia
Friday, January 15th, 2016 12:30-2:00 p.m.
Scarfe Room 310
Abstract:
In this talk I argue there is a disconnect between the rhetoric and reality of democracy in North America that subverts traditional approaches to democratic education. The tropes that have historically dominated the discourse on democracy and democratic education now amount to selling students (and ourselves) a lie about history and contemporary life. Our challenge is to re-imagine our roles as educators and find ways to create opportunities for students to create meaningful personal understandings of the world. Education is not about showing life to people, but bringing them to life. The aim is not getting students to listen to convincing lectures by experts, but getting them to speak for themselves in order to achieve, or at least strive for an equal degree of participation and a more democratic, equitable, and justice future. This requires a new mindset, something I call dangerous citizenship.
Short Bio:
E. Wayne Ross is Professor in the Department of Curriculum and Pedagogy at UBC. He has written and edited numerous books including: Critical Theories, Radical Pedagogies and Social Education (Sense, 2010); The Social Studies Curriculum: Purposes, Problems and Possibilities (4th Ed., SUNY Press, 2014) and Working for Social Justice Inside and Outside the Classroom (Peter Lang, 2016). He also edits the journals Critical Education, Workplace: A Journal for Academic Labor, and Cultural Logic.
Laura Kane & Geordon Omand, Canadian Press, November 24, 2015–The University of British Columbia seems more concerned about handling a public relations crisis than taking meaningful action to help women feel safe after multiple allegations of sexual assault, says a complainant.
Glynnis Kirchmeier, who is planning to launch a human-rights case against UBC, published an open letter to the university’s interim president on Tuesday.
In the letter, the former student questions why Martha Piper issued a public apology but didn’t directly contact her or other students who made complaints.
“I was surprised to learn on Sunday that you had issued an apology to ‘the women in these cases who feel they have been let down by our university,”‘ she wrote.
“Did you mean to include me? I did not receive a personal communication from you, though you could have asked associate VP Dr. Sara-Jane Finlay for my email and phone number.”
She and other former and current students held a news conference Sunday, when Kirchmeier announced her plans to file a complaint with the B.C. Human Rights Tribunal. The women said the university lacks a clear policy for handling sexual assault reports and that it took a year and a half to act on six complaints about a PhD student.
Kirchmeier was not assaulted by the student but said she witnessed his behaviour and reported it to the university in January 2014. She said UBC failed to act on complaints by her and others until last week, when it said the student was no longer at the university.
Read More: Vancouver Sun
Emma Partridge, Ubyssey, November 20, 2015–A much anticipated documentary by the fifth estate has made some startling discoveries that ultimately cast an unflattering spotlight on how UBC handles sexual assault and the university’s lack of an overarching sexual assault policy.
According to CBC, Dmitry Mordvinov, who was working towards his PhD in history, was accused of multiple sexual offences that were committed two years ago. However, Mordvinov was only expelled from the university last week.
UBC spokesperson Susan Danard issued an emailed statement Friday evening responding to the story.
“It is important to understand that BC privacy law prevents us from disclosing information about or responding to specific cases mentioned in the media. What we can say is we continuously strive to improve our collective response to sexual violence through education. We can do better and we will do better,” read part of the statement.
Several women came forward to the fifth estate to tell stories of assaults committed by Mordvinov. One preferred to remain anonymous, but another, Caitlin Cunningham, went on record. She told the CBC that after reporting her attack to the university, UBC encouraged mediation between herself and Mordvinov.
According to the CBC’s reporting, Monica Kay, director of conflict management, perpetuated a sense that the survivors should keep their experiences to themselves. At this time, Kay has not responded to requests for comment.
When The Ubyssey spoke with Clark Lundeen, assistant principal of Green College — the residence in which Mordvinov was staying while studying for his PhD — he said that reports of sexual assaults would be taken very seriously. Based on the findings of an investigation, the survivor would be referred to on-campus resources for support.
“Confirming is a difficult thing. If we receive a complaint from somebody at the college who alleged that they’re a survivor of sexual assault by somebody, then we take it very seriously and make sure that their safety will be made a priority and that includes … not sharing information that might compromise their privacy,” said Lundeen in that interview.
Although Lundeen would not reveal anything that could have potentially comprised the privacy of the survivor and the alleged assault victim, he could confirm that a report of sexual assault had been filed at the college within the last two years. According to Lundeen, the response by Green College “would be very similar to how it would be handled in any other residence managed by Student Housing and Hospitality Services.”
According to Janice Robinson, director of Residence Life and Administration in Student Housing and Hospitality Services (SHHS), should a survivor disclose their experience the response would be that the residence advisor offers peer support and focuses on getting the survivor the resources and help they need.
“At that point, a residence advisor would also share with the Residence Life manager that a resident has disclosed,” said Robinson. “From there, the Residence Life manager would coach [the] residence advisor on how to be the most supportive that they could, and that would include making sure that the student knows about resources on campus and off campus.”
When asked to address the issues raised by the fifth estate documentary, SHHS, Green College and Piper all insist that UBC takes the issue of sexual assault seriously. However, if CBC is correct in their findings, it took the university almost a year to expel the graduate student who they were officially aware to have assaulted a woman in the spring of 2014.
All of this is ultimately complicated by the fact that UBC does not have a single overarching policy on what to do in the event of a sexual assault. When asked about the progress of such a policy in Senate, both Piper and interim Provost Angela Redish said the question ought to be directed to the VP students, Louise Cowin, who was not present.
According to Ashley Bentley of the AMS Sexual Assault Support Centre (SASC), it is problematic that UBC lacks such a policy to deal with assaults and instead relies more on Policy 3 — dealing with harassment and discrimination in general.
“My experiences from talking to clients, to survivors of violence and to members of this community is that the lack of a policy by UBC makes it seem like they aren’t supporting survivors — that they’re not caring,” said Bentley. “It’s not necessarily to say that a policy solves everything, but what I do think it does is it has clear set guidelines and processes in place which at least make survivors feel like they have options.”
Many other universities have an overarching policy on sexual assault, such as Queen’s and University of Toronto to name a few. According to Bentley, UBC is “quite behind, honestly.”
Read More: Ubyssey
On 27 October, UBC Insiders broke the story of the collusion between the UBC School of Kinesiology, Faculty of Education, and the School’s Undergraduate Society (KUS). In March 2015, the students held a referendum on a $250 fee to help pay for a new building for the School and Faculty. UBC Insiders obtained files through FoI that suggest about 16 months’ worth of influence of the School and Faculty on the students to secure a “YES” majority on the referendum.
UBC Insiders found top down influence (i.e., top of admin down) that adds up to minimally $41,624 and a curious “Make Your Mark” campaign.
Asking for an explanation of why a School or Faculty would go to these lengths to influence a student referendum, E. Wayne Ross called for a Fact-Finding investigation. Short of an investigation, Faculty administrators offered a consultation report this week (see full report below).
It’s probably just as well that there is just consultation with the School and students in lieu of a fact-finding investigation, as when the University contracts out to fact-finding, mysteriously, there are never any facts to find concerning administrators.
In this most recent report, it’s all just written off as administrative pluck, exuberance and “an excess of enthusiasm.”
Funny that, as we say the same of faculty, staff, students and their academic freedom: exuberance with surplus enthusiasm!
By way of a series of consultations, the Faculty of Education reports:
To provide a follow-up report on the Faculty Meeting item regarding, “the alleged conflicts of interest and potential ethical breaches in the School of Kinesiology’s April 2015 student referendum.”
We have consulted with various offices at the University, to determine at the most fundamental level, the evidentiary foundation that would warrant designing and arranging to be carried out, a “fact-finding” investigation. Such an investigation would be very expensive and would need a clear warrant in terms of evidence of basic problems of procedure, relationship management, finance, and/or policy.
The UBC offices we have consulted include:
- UBC Office of University Counsel
- UBC Faculty Relations
- UBC Office of the Vice President, Students
- School of Kinesiology
Regarding the School of Kinesiology there are a number of questions that have been raised concerning the “Make your Mark” Referendum of the Kinesiology Undergraduate Society (KUS) campaign (to add to KIN student fees to raise funds towards a new building) and distributed via media outlets.
On the basis of our investigation to-date, it appears that:
- Since the KUS took the Referendum off the AMS ratification agenda, the whole issue of the fees linked with the KUS Referendum is moot.
- Since neither the UBC nor the AMS/KUS policies regarding “conflict of interest” preclude Faculty/School and Student Society partnerships, there is no apparent ground for continued concern about the narrative of conflict of interest on the part of the School.
- The KUS may have erred in the design of “Make Your Mark” vis a vis the AMS policy of “impartial elections” but we – the University/School faculty members — do not work in a supervisory relationship to the student societies, which do not report to us nor are they governed by faculty/Schools.
With respect to “conflict of interest” – UBC’s policy on conflict of interest (Policy 97) is concerned with personal conflicts of interest – not institutional conflicts of interest. There has been no suggestion anywhere that the School of Kinesiology nor its executives benefitted from this matter personally (for example by benefitting financially).
There is no policy or rule that we are aware of that would preclude UBC units from partnering with student unions on initiatives they both support. There have been several examples of undergraduate student societies contributing to buildings (in return for guarantees of student amenities) through student fees and all of these initiatives involved very substantial interactions between the undergraduate student union, the AMS, the faculty and the UBC central administration. So the fact that the School was working closely with its KUS undergraduate society would not of itself be noteworthy.
Accordingly, we see no problem at-hand nor any substantive basis for carrying out any further fact-finding or other investigation.
There are, definitely, larger issues that lurk in this scenario worthy of a broad and open discussion that pertains to the current context of post-secondary education and the dramatic withdrawal of support from the Province and Federally — increasing fiscal pressures that have caused academic units to be more creative about issues of revenues, whether this is by seeking increases in international tuition or by creating fund raising partnerships with student organizations or with alumni to build infrastructure. These are complex matters. They are not, however, the basis for a narrative of blame or fault lodged with any particular academic unit. If there is any fault at all to be lodged with particular units it could only be, on the face of the evidence, of an excess of enthusiasm to support our engagement in the project of public education.
Dr. Blye Frank
Dean, Faculty of Education
Dr. Mary K. Bryson
Senior Associate Dean, Administration & Innovation, Faculty of Education
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OPEN LETTER
To the people of Europe,
In the face of the migration crisis over the last few months, Europe’s people demonstrated that they do not stand for a culture of fear, but for a culture of care. This idea now has to turn into a promise.
Now, more then ever, it is time to reach out again – responding to Friday’s violence with full-hearted, unquestioning openness, rather than with angst, distrust and anger.
On Friday, November 13, 2015, Europe was under attack. But it was not Paris, Europe, or the “West” that was under attack. What was under attack, and is under attack now, after the tragedy of Paris, is the inspiring, deeply touching care that people throughout Europe showed over the last few months – despite the shrill voices of a few.
In the very beginning of what is called the refugee crisis, a current of care and love ignited all Europe – and showed that this “crisis” was a crisis of governments, not of the people. You acted, where state action failed, and reached out in an effort of care and solidarity — with no regard to where people came from, or who they were. What mattered was reaching out a helping hand, And reaching out you did. Europeans stood up, raising their voices for those who had no standing and no voice.
Many people died on November 13, and the world was full of tears. But if we are not careful, there will be more violence and more tears. The people of Europe now stand at the precipice of a fundamental choice, a choice that will, without exaggeration, determine the fate of countless more lives.
We cannot respond to the terror of Paris with our own terror. We can not respond by putting up fences around Europe. We must not refuse to reach out to those who seek help, fleeing the same terror that swept over Paris. We can not give in to the fear that those who terrorize spread.
We are deeply concerned about how Europe and the world will react to this terror. Putting up fences, refusing helping hands, closing down where we need to be open, resorting to distrust where we should be faithful: This is what those who attacked us want. They did not attack Paris that night. They attacked what we stand for, what we belief with our whole heart: to be open to everyone, to help those who seek help, to be together in fraterinté .
But we are faithful: We saw how Europe can be. You proved to the world that Europe indeed can be a safe harbor in a stormy sea. When we now are faced with the painful catastrophe that happened in Paris, we cannot destroy the faith that the world, and particularly those who seek our help put in us. We are entrusted with a great responsibility: to care. This is who we are, and need to be.
Going forward, we must work together on many fronts:
- The media must not forget their responsibility for sobriety, avoiding reporting that fuels anger and xenophobia! And they must continue to report on the suffering of those who try to cross our borders, or who already live among us but without secure standing.
- Our governments must not respond to violence with violence. Governments must not give in to the hatred and frustration that pain so easily justifies. We must not repeat the mistakes of our history that ignited the terror in the first place. We must not become a place known for its fences, surveillance and paranoia. Europe much be a place and symbol of openness and freedom.
- And the people of Europe must remember their power and responsibility to become a model of civility for a new age. We must remember what was achieved in the response to the so-called migration crisis. We must remember that reaching out makes a difference – to individuals, and to the whole society we share
So, yes, we have faith: We believe that Europeans will hold high the ideals their societies are built upon.
We have faith that we will continue being touched by you.
As you will inspire us by your actions.
As you will continue to care.
Signed,
At the University of British Columbia, there are depths, and then there are new depths, in the mistreatment of PT faculty members. In the midst of a teaching term, a faculty member received this directive from UBC’s administration:
- Per the policy and requirements of space usage in [the academic building] for Sessional instructors, the [123] temporary office space, must be cleared of all personal belongings, borrowed library items and additional furniture installed, by December 1, 2015. The same applies to the personal belongings being stored in the mailroom. You will be responsible for the cost for clearing and removal of items. Unwanted items may be left with E-Waste by the backside door of [the academic building].
- …
- If, by Dec 1, 2015, the space is not restored to its original condition, items will be disposed of, and you shall be invoiced for the cost of clearing and removal.
- As requested, I attach the photos of the room in its original condition, taken prior to it being temporarily assigned to you in February 2015. Please refer to the photos along with a list of furniture items below, confirming the items that shall remain in [123] as of December 1, 2015.
- 1 corner desk with mobile file storage (under desk)
- 2 task chairs
- 1 coat rack
- 1 Cisco phone
Yes, sad as it is, there are new lows in the mistreatment of faculty members.
For an analysis of the new academic work and workplace, see “Threat Convergence.”
Oh yea, almost forgot, happy birthday UBC!
A few weeks ago, we posted “Shared governance hits rock bottom at UBC.” Respondents noted that there was still a glimmer of hope for governance and recoiled at the suggestion that “equally futile in introducing even a modicum of accountability or insight into the non-disclosure scandal is the UBC Senate.”
At this evening’s Senate meeting, Senator Anstee moved a motion for transparency in the confidentiality agreement between UBC and past-President Arvind Gupta, but the motion was defeated. Yes there was debate but the motion for transparency was defeated.
The initial premise holds: equally futile in shared governance– when it really counts– is the UBC Board of Governors and Senate. Sure, faculty, staff and students can banter over the objectives of a new course or the fine print of a new policy. But on the meaningful decisions at this point at the University of British Columbia, governance is dominated by developers and investment bankers and confined by legalism. The two are hand in glove.
Again, the BoG’s, Senate’s and Senior Administration’s rejection of multiple requests and appeals for accountability in the President’s resignation marks the low point of shared or faculty governance at the University. Hoping to rise to the occasion of its 100th, UBC instead sunk to rock bottom.
In keeping with the language of the Collective Agreement, the terms of reference established a fact-finding process to investigate whether Dr. Berdahl’ s academic freedom was “interfered with in any way.” The Investigation concluded that it was.
The University, however, repeatedly stated that Dr. Berdahl’s academic freedom was not infringed. This communication is not entirely consistent with the Summary Report.
While the Summary Report concludes that no single individual alone is responsible for the infringement, it clearly communicates that the cumulative effect of the actions as well as inactions of the University amounted to interference with Dr. Berdahl’s academic freedom. To quote directly from the public Summary Report, Professor Smith found that:
UBC failed in its obligation to protect and support Dr. Berdahl’s academic freedom. The Collective Agreement Preamble creates a positive obligation to support and protect academic freedom. Through the combined acts and omissions of Mr. Montalbano, the named individuals in the Sauder School, and others, UBC as an institution failed to meet that obligation with respect to Dr. Berdahl’s academic freedom.
Further, because the question of whether interference occurred was foreseeable, the University and the Faculty Association had a phone conversation with Professor Smith to clarify the matter. Professor Smith explicitly confirmed for the Parties that one of her findings was that Dr. Berdahl’s academic freedom had indeed been interfered with.
It is therefore disappointing that despite such explicit clarification the University failed to acknowledge this important finding of fact in the press conference yesterday and instead simply repeated that there was no infringement of Dr. Berdahl’s academic freedom. In essence, the University has only acknowledged part of the problem….
Read More: FAUBC
Mark Mac Lean, President
On behalf of the UBC Faculty Association Executive Committee
The University of British Columbia is 0 / 2 in its ability to find facts in its most recent “fact-finding processes.” The first was the Fact Finding Report: Commerce Undergraduate Society (CUS) FROSH CHANTS. The second was the Summary of the fact-finding process and conclusions regarding alleged breaches of academic freedom and other university policies at the University of British Columbia.
How or why is it that fact-finders appointed to find facts cannot find any facts of administration? Or of specific administrators?
Is it that the the facts are so tiny, so microscopic that they are there but cannot be found? Is it that facts of administration are so taken-for-granted that they are too big to be found?
Is it that facts of the administration of UBC cannot be found because they need not be found?
Is it that secrecy prevails and the evidence put in front of the fact-finders has no bearing whatsoever on the facts of administration?
Is it that legalism at UBC is in itself culpable and invariably can find neither fact nor fault with specific administrators at UBC? Is this sort of a legal fox guarding managerial hen-houses story at UBC?
We have to say, the comedy of errors continues in the administration of the Sauder School of Business while nothing sticks to the teflon Dean.
“As it happened,” the Honourable Lynn Smith reports, there was a flurry of suppressions of academic freedom in the building but “the Dean of the Sauder School of Business was away and only intermittently in touch.”
When the Sauder students chanted a rhyme about rape two years ago, again no administrators were home. In that fact-finding report, again there was no accountability. Curiously, the words “administration” and “administrator” do not appear while “student/s” appears 46 times. Then and now, there were no facts to find on administrators or administration in Sauder.
With this new non-finding in the Smith Report, Sauder Dean Robert Helsley has to be laughing.
Is this not a pattern and a failure of legalism here at UBC?
Faculty members at the University of British Columbia are now left in the dark of legalism. On one hand is the overuse and abuse of legalistic non-disclosure agreements, such as that between the Board of Governors and ex-President Gupta. This form of legalism prevents us from knowing why our President resigned and who was behind the resignation.
Now, on the other hand is the Honourable Lynn Smith’s Report on interference with academic freedom, specifically on whether BoG Chair Montalbano and Sauder School of Business administrators acted to suppress Jennifer Berdahl’s inquiry into the resignation. Smith delivered one of the most legalistic fact-finding Reports one could write on the case. This form of legalism prevents us from knowing why a faculty member was submitted to forces of suppression and who is accountable.
In a masterful crafting, Smith found that
UBC failed in its obligation to protect and support Dr. Berdahl’s academic freedom… UBC as an institution failed [however] Mr. Montalbano, on his own, did not infringe any provision of the Collective Agreement, the UBC Statement on Respectful Environment, or any of the applicable university policies. No individual in the Sauder School of Business identified by the Faculty Association, on his or her own, infringed any provision of the Collective Agreement, the UBC Statement on Respectful Environment, or any of the applicable university policies. (pp. 3-4)
“UBC failed…” UBC the corporate person contravened the Collective Agreement and interfered with academic freedom. But no human person contravened or interfered.
If Lynn Smith finds the corporation of UBC liable for violating an article of the Collective Agreement and a faculty member’s academic freedom, then which of its administrators or officials are responsible? Through which administrators or officials was the University acting in this case?
It’s a basic question of corporate liability that first year law students confront. But it’s also an advanced question that tests legal scholars. One retributivist option is to acknowledge UBC corporate personhood and responsibility while at the same time holding to account senior officials, whether or not they participated in the transgressions, tolerated the actions taken, in this case by Montalbano and Sauder administrators, or just looked the other way.
“UBC failed,” and legalism is failing UBC. Jennifer Berdahl’s response takes the next step, noting she’s “disappointed that university leaders” lost sight of academic freedom. The Faculty Association’s response takes the next step in this process, noting that “Senior academic leaders were conspicuously absent and silent.”
Who then were the senior administrators that tolerated the breaches or looked the other way? Provost and VP Academic pro tem? VP Human Resources? University Counsel? Dean of Sauder School of Business?
Through which administrators or officials was UBC acting in this case?
Once again, now is the time to speculate.
15 October 2015
Dear Colleagues:
The Honourable Lynn Smith, Q. C., completed her fact-finding process last week and presented the parties with her report. We thank Professor Smith for her fair and impartial process and for producing a high quality, nuanced report, a public summary of which is available on our website (Please follow this link).
The key finding of the Smith Report is that the University of British Columbia failed in its duty to support and protect Dr. Berdahl’s academic freedom and that it interfered with her academic freedom. The finding thus has two clear implications. First, the University itself actively impinged Dr. Berdahl’s academic freedom by the cumulative effects of various University actors’ behaviour. And, secondly, because the duty is a positive one, requiring affirmative and proactive support for academic freedom in situations such as Dr. Berdahl’s, the University’s silence in relation to the attack by others on Dr. Berdahl’s academic freedom was an additional failure.
More specifically, the conclusions to be drawn from the Report are as follows. The Report finds that the University acted without regard for the well-being and interests of Dr. Berdahl. Following her online posting of a blog, Dr. Berdahl became the target of attacks by email, by social media, and in columns appearing in the national press. At no time did any university official speak out in defense of her right to academic freedom or issue any other statement of support for her or scholarship. The Smith Report, consequently, concludes that, as a result of the combined acts and omissions of Mr. Montalbano and others, Dr. Berdahl “reasonably felt reprimanded, silenced and isolated.” The events initiated by the University following the publication of Dr. Berdahl’s blog post have had, the Report continues, a “significant negative impact” on Dr. Berdahl.
The main agents involved in the University’s response to the blog post were the Chair of the Board of Governors, Mr. John Montalbano, the Chancellor of the University, Mr. Lindsay Gordon, the Sauder Dean’s Office, as well as UBC staff and others advising the Board on how to handle the aftermath of President Gupta’s resignation. Senior academic leaders were conspicuously absent and silent.
While Dr. Berdahl received support from international scholars and experts in her field, and from faculty throughout UBC and other universities, we are troubled that neither the Administration nor the Board spoke fully and publicly in defense of Dr. Berdahl’s academic freedom. The silence with respect to Dr. Berdahl on this issue from these two central sites of university leadership is extraordinary. Senior administrators and board members bear responsibility for this failure.
We await the responses from the Administration and the Board of Governors.
Sincerely,
Mark Mac Lean, President
On behalf of the UBC Faculty Association Executive Committee
Letter to @UBC President: time to lay down the mace #ubc100 #ubcnews #ubc #bced #highered #caut
by Stephen Petrina on November 25, 2015
Open Letter to UBC President Piper:
Time to Lay Down the Mace
It has been an emotional year for the University of British Columbia. As budgets moved from Central, the Truth and Reconciliation Commission of Canada launched Honouring the Truth, Reconciling for the Future. The residential university and college take on new meaning. As we launched the celebration of our Centennial at UBC 100, our President resigned under a cloak of secrecy. As we began to party, we launched an investigation to discover the lengths to which a Chair of the Board of Governors and administrators might go to suppress academic freedom. Now, as we march to Convocation, students and alumni launch evidence that UBC is failing to properly respond to sexual assaults on campus.
In the meantime, terrorists and terror struck Sharm el-Sheikh, Beirut and Paris while the dogs of war howl for bombers and drones to command from the skies above. Increasingly larger regions of the world live in a state of emergency.
It’s difficult to know where this University now stands or what it stands for.
To take a stand symbolic of peace and reconciliation, please lay down the mace for ceremonies and Convocation. Please put away the coat of arms and lay down the mace. If not for good, then how about for peace?
It is time to retire this symbol of aggression, authority and war. It’s time to march to graduation ceremonies this week with open and empty hands as symbolic of peace and reconciliation of controversies and roles of the President’s Office.
UBC’s mace is a relic but a relic of what? The mace is symbolic speech but what is it saying about us now?
From ancient times, this club, this weapon of assault and offence, the mace was gradually adorned until the late twelfth century when it doubled as a symbol of civil office. Queen Elizabeth I granted her royal mace to Oxford in 1589. From military and civil power derives academic authority. The rest is history and it is not all good.
Dr. Thomas Lemieux, School of Economics, with UBC’s Mace at the May 2015 Convocation.
It is time to retire the macebearer, whose importance is inflated every year by the image’s presence on UBC’s graduation pages leading to Convocation. In pragmatic terms, if the mace falls into the hands of the wrong macebearer or manager at this point, someone’s liable to get clocked with it.
Is UBC’s mace still a respectable appendage to Convocation?
Remember, since that fateful November day in 1997, just five months into your Presidency, when student activists put their bodies and minds on the line at the APEC protest, Tuum Est adorns both the can of mace sprayed in their eyes and the ceremonial mace that the President’s Office is eager to carry across campus every November and May. That’s “too messed,” as the students say.
Is it not time to retire both?