TechBC / CAUT / CUFA/BC Agreement
March 19, 1998

The agreement consists of policies adopted by the Board of Governors of the Technical University of British Columbia (TechBC) and a side letter clarifying certain aspects of TechBC's human resources policy. On the basis of these policies and the letter, the Canadian Association of University Teachers (CAUT) and the Confederation of University Faculty Associations of B.C. (CUFA/BC) have lifted their boycott of TechBC.

Contents

  1. Academic Planning Board
  2. Academic Freedom
  3. Human Resources Policy
  4. Statement on Cooperation
  5. Appointments to the University Council and the Program Advisory Committees
  6. Side Letter on Human Resources Policy


1. Academic Planning Board

WHEREAS

The Board deems it necessary to elaborate on the Technical University of British Columbia Act (the Act) for the purposes of academic planning at the University,

BE IT RESOLVED THAT

A.
The Academic Planning Board (APB) be established as a committee of the Board of Governors. The Board will review the operations of the APB every two years.
B.
The APB shall be chaired by the President and its members are the members of the University Council plus the President.
C.
The Board shall delegate its powers under sections 8(2)(a & b) of the Act to the President.
D.
The President shall make recommendations relating to sections 8(2)(a & b) and 10(2)(a, b & c) of the Act, or relating to other academic matters delegated under paragraph F of this resolution, to the Board of Governors only with the concurrence of the APB.
E.
The Board shall make decisions on academic matters, as referred to in paragraphs C, D and F of this resolution, only on the recommendation of the President.
F.
The Board shall consider further specific delegation of residual academic powers of section 8(1) of the Act to the APB.
G.
In addition to functions detailed above, the APB also shall provide advice to the President in preparing the annual budget and on other matters.

2. Academic Freedom

WHEREAS

The Board wishes to affirm that academic freedom is an essential operating principle of the University,

BE IT RESOLVED THAT

The Board declares the attached Statement on Academic Freedom an internal canon of the University.

Statement on Academic Freedom

It is affirmed that the fulfillment of the mandate of the Technical University of British Columbia is dependent upon its academic community having the protection of academic freedom. The common good of society depends upon the search for knowledge, its free exposition and application. Academic freedom is essential to these purposes in the teaching/learning, research, and service functions of the University.

In fulfilling their responsibilities, members of the academic community at the Technical University of British Columbia shall not be hindered or impeded in any way by the University or by any organization within the University from exercising their legal rights as citizens, nor shall they suffer any penalties because of the exercise of their rights. Members of the academic community are entitled, regardless of prescribed doctrine, to freedom in carrying out research and in publishing the results thereof, freedom of teaching and of discussion, freedom to criticize the University and any organization within the University, and freedom from institutional censorship.

Academic freedom carries with it the duty to use that freedom in a manner consistent with the scholarly obligation to base research and teaching on an honest search for knowledge. Moreover, academic freedom carries with it a corresponding obligation to use this freedom responsibly, with due concern for the rights of others, for the duties appropriate to the University appointment and for the purposes of the University. Academic freedom does not confer legal immunity either inside or outside the University, nor does it prevent collective self-governance and peer evaluation as conducted or approved by academic, research or professional bodies whether within or outside the University.


3. Human Resources Policy

BE IT RESOLVED THAT

The Board adopt the attached Human Resources Policy Development Pertaining to Faculty.

Human Resources Policy Development Pertaining to Faculty

The Technical University of British Columbia Act includes the powers set out in the University Act to Boards of Governors in the matter of engaging faculty (section (28)). The Board of Governors of the Technical University of British Columbia therefore will proceed to establish its human resource policy under that authority and in accordance with the purposes of the University (section (2)) and the Board of Governors' Statement on Academic Freedom.

TechBC will be guided in establishing its relationships with its employees by provincial and Canadian law and custom as well as current practice in Canadian universities, particularly in the applied fields and professions. Consequently, over the next decade faculty and others engaged in academic areas and certain academic support areas will be hired, some on continuing appointments , some on term appointments, some seconded from other organizations, some under other contractual arrangements, and some associated with the University without compensation as part of their own or their firm's public service contribution.

Employee salaries and benefits will be funded by the University's operating grant, by tuition income, by other grants and contracts, and by revenue from endowments. As with other universities across Canada and around the world, the specifics of the human resource policy and techniques used to staff the activities of the University will evolve and change over time in response to the needs of learners and staff. The Board intends to proceed with approaches to hiring and employment contract negotiations that place a high priority on employee rights and on fair treatment.

Bargaining Rights of Academic Faculty and Staff

The Technical University of British Columbia (TechBC) recognizes the rights of its employees under the B.C. Labour Relations Code, the Employment Standards Act, the Human Rights Act, and the Canadian Charter of Rights and Freedoms. Present and future employees of the University must therefore, by law and principle, be left to decide for themselves the forms of collective bargaining, or other bargaining, they prefer to adopt in their dealings with the employer (TechBC). The Board will not interfere in that decision, nor will the Board erect any barriers to such a decision, nor thwart the expression of legitimate employee rights.


4. Statement on Cooperation

WHEREAS

The Technical University of British Columbia (TechBC) wishes to normalize relations with the Canadian Association of University Teachers (CAUT) and the Confederation of University Faculty Associations of British Columbia (CUFA/BC),

BE IT RESOLVED THAT

The Board commits itself to maintaining open communications among CAUT, CUFA/BC and TechBC on matters of mutual interest such as collegial governance, academic freedom, policies regarding appointments, and legislative issues relevant to universities, and to meet from time to time at the request of any of the parties for discussions or for cooperative efforts.


5. Appointments to the University Council and the Program Advisory Committees

WHEREAS

The Board of Governors of the Technical University of British Columbia believes that representatives to University councils and committees ought to be nominated through election by their respective constituencies,

BE IT RESOLVED THAT

Under section 11(1)(c) of the Technical University of British Columbia Act (the Act), the Board shall normally appoint to the University Council employees of the University who have been elected by their peers to serve on the University Council, and

BE IT FURTHER RESOLVED THAT

Under section 13(3) of the Act, the Board shall normally appoint to the Program Advisory Committees teaching staff members and students of the University who have been elected by the teaching staff members and students, respectively, from the appropriate University program area.

During the initial phases of the university (5 years) it will not be possible to appoint only elected students and teaching staff members (or for that matter to appoint internal teaching staff and student members). Therefore the Board reserves the right to interpret these resolutions in the spirit of collegial governance.


Last Updated: {98/03/19}, {08:40}