Report: Executive Committee - December 06, 2022

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Dean's Conference Room, MSB 2317

REPORT NUMBER 537 OF THE EXECUTIVE COMMITTEE

TUESDAY, December 6, 2022


To the Governing Council,
University of Toronto.

Your Committee reports that it held a meeting in the Dean's Conference Room, MSB 2317, on Tuesday, December 6, 2022 at 5:00 p.m. with the following members present:

Janet Ecker (Chair), Anna Kennedy (Vice-Chair), Meric S. Gertler (President), Paul Huyer, Sarosh Jamal, Ernest W.N. Lam, Mark Lautens, Kikelomo Lawal*, Jan K. Mahrt-Smith, Joanne McNamara, Arman Rasekh, Lara Zink*

Regrets: David Bowden, Sandra Hanington, Shashi Kant, Dveeta Lal, Grace Westcott

Non-Voting Member:
Sheree Drummond, Secretary of the Governing Council

Secretariat:
Anwar Kazimi, Joanne Chou

In Attendance:
Cheryl Regehr Vice-President and Provost and Member of the Governing Council
Scott Mabury, Vice-President, Operations and Real Estate Partnerships
Vikram Chadalawada, Chair, University Affairs Board and Member of the Governing Council
Douglas McDougall, Chair, Academic Board and Member of the Governing Council
Sandy Welsh, Vice-Provost, Students (for item 3)
Trevor Rodgers, Chief Financial Officer (for item 2)
Christopher Lang, Director, Appeals, Discipline and Faculty Grievances (for items 13 and 14(a)(b)) 
Carmelle Salomon-Labbé, Associate Director, Office of Appeals, Discipline and Faculty Grievances (for items 13 and 14 (a)(b))
Claire Kennedy (for item 16)
Timothy Harlick (for item 16)
Nadina Jamison, Chief Strategy Officer, Office of the President
Kristin Taylor, University Counsel and Chief Legal Officer
Andrew Ebejer, Legal Counsel
Anthony Gray, Director, Strategic Research

(*attended remotely)

Pursuant to section 28 (e) and 38 of By-Law Number 2,
consideration of items 13 to 18 took place in camera.

The meeting was held in Closed Session.

  1. Chair’s Remarks and Orientation

    The Chair welcomed members, Board and Council Chairs and Vice-Presidents to the meeting.
     
  2. Report of the President

    The Chair invited the President to offer his report.

    December Graduation Celebration ceremonies

    The President began his report by highlighting the December in-person graduation celebrations currently underway for the classes of 2020 and 2021, an important recognition of the achievements of our recently graduated students. Due to public health restrictions, virtual convocations were held 2020 and 2021 preventing the graduates from convocating in person. The President noted that it had always been the University’s intention to celebrate the 2020 and 2021 classes with in-person graduation events when the conditions permitted.  In all, over 26 events were to be held over two weeks in December. The events had been enthusiastically received from graduated students and their families. The President acknowledged and thanked the convocation and events teams, as well as divisional offices for the tremendous work they undertook to make the occasions possible and special for all.

    50th anniversary of the Connaught Fund

    The President remarked that 2022 marked the 50th anniversary of the Connaught Fund. He stated that the Connaught Medical Research Laboratories played a key role in the discovery of insulin, the production of vaccines, and other biological health products for over 60 years. In 1972, the Lab was sold and the proceeds established the Connaught Fund. The President said that the Fund had built on its namesake’s legacy of excellence to become the largest internal funding program for university research in Canada. The Fund had supported hundreds of U of T researchers across every discipline and had disbursed more than $179M over its 50-year history. A 50th anniversary celebration was held at Convocation Hall and featured talks from three Connaught-supported researchers and a panel discussion. The President emphasized that the event was a wonderful way to re-engage with the community and showcase the University’s role in sharing ideas and inspiration with the public. 

    Federal Matters

    The President then turned to Federal matters and addressed the Fall Economic Statement released by the Federal Government. The Statement had announced sector-specific measures that included:
  • permanently eliminating interest on federal student and apprentice loans; and
  • new funding to modernize NRC’s scientific infrastructure.

    He remarked that the Statement was silent on increased funding for advanced research and talent creation and retention. The U15 continued its pre-budget advocacy to urge the government for increased funding in these areas. He highlighted the meeting of U15 presidents that had taken place in Ottawa and had engaged with key leaders on this topic. They underscored the urgency of addressing this issue and noted that the Biden Administration in the US had recently announced significant funding and resources to support America’s research and laboratories as part of the Inflation Reduction Act and CHIPS and Science Act. He noted that the Canadian government was receptive to the U15’s position, but it remained unclear if new commitments would be made. The President suggested that graduate student fellowships were an area that may attract new funding. 

    The President then highlighted the $35M in funding to revitalize the Toronto High Containment Facility (THCF) (Level 3 Lab) that is based at the Temerty Faculty of Medicine. The investment came from the Biosciences Research Infrastructure Fund (BRIF) that was administered by the Canada Foundation for Innovation (CFI). It was the largest CFI grant the University had received to date and supported the University’s $85 million plan to modernize the 20-year-old facility. This investment positioned the facility to play a significant role in addressing future pandemic and health threats in Ontario and Canada.

    Provincial Matters

    Speaking to matters of the Province, the President commented on the new ‘interim tuition fee framework’ that may be implemented by the Ministry of Colleges and Universities in the new year. A new tuition fee framework was a focus of the University’s advocacy efforts. He noted that the government may announce the formation of an Expert Blue-Ribbon Panel on Postsecondary Education sometime in 2023, and that its potential aim would be to address the long-term financial sustainability of the higher education sector. 

    He stated that there were two other relevant matters that had recently arisen: the potential repeal of Bill 124 and two Auditor-General’s reports, including the Office of the Auditor General of Ontario’s Annual Report and its report on Laurentian University. Bill 124 had been introduced in June 2019 and limited compensation increases in the broader public sector to 1% per year for a three-year moderation period. The Ontario Superior Court had declared the Bill unconstitutional on November 29, deemed void and of no effect. The President highlighted the details and outcome of the case and noted that the Court’s analysis focused on the university sector. As the Act was now void, he mentioned that the government had announced that it intended to appeal the decision, and that the impact and effect of the Court the Court’s decision for the University remained unclear. He concluded by noting that the University would continue to monitor this case closely.

    Municipal

    Shifting to municipal affairs, the President mentioned that he spoke at the Climate Economy Summit that was co-hosted by the Toronto Regional Board of Trade and U of T. He highlighted the University’s leadership in tackling the challenge of achieving Net Zero and showcased the work of the Climate Positive Energy Institutional Strategic Initiative that was led by Professor David Sinton from the Faculty of Applied Science & Engineering. The event was successful, with robust engagement from business, government and academia, and with several U of T faculty participating on panels.

    THE Employability Ranking

    The President remarked that the 2022 THE Global University Employability Rankings were released at the end of November and reported that U of T moved up one position to 11th in the world, 6th amongst global public universities, 1st among North American public universities and 1st in Canada. He described the rankings process and underscored that the rankings were a testament to the quality of education that U of T offered.

    The President then invited Trevor Rodgers, Chief Financial Officer, to provide an overview and analysis of the Auditor-General’s report. Mr. Rodgers gave an overview of two reports: Special Report on Laurentian University; and the Value-for-Money Audit that had focused on four Ontario universities, Algoma University, Nipissing University, Ontario Tech University, and the University of Windsor. He noted that U of T was monitoring the implications from the report and the potential impact for the University in the long term. He commented that U of T had met with the Office of the Auditor General of Ontario to share best practices in governance and financial management, and that the recommendations reflected this feedback. A recurring theme from the reports was the need for greater transparency and governance oversight in fiscal management. Mr. Rodgers indicated that U of T met or exceeded the financial health indicators set out in the Reports and welcomed opportunities to improve transparency in financial reporting.

    In the discussion that followed, a member asked about the Auditor-General’s concern, articulated in the Value-for-Money Audit, about the size of governing boards. The Secretary of the Governing Council noted that U of T’s unicameral model was unusual in Canada’s university sector and the Auditor-General recognized its unique strengths. The Chair also added that there are several important differences between corporate boards of directors and the boards of large, multistakeholder educational institutions such as the University. 
     
  1. Item for Endorsement and Forwarding to the Governing Council
    1. Proposed Revisions: Policy on Sexual Violence and Sexual Harassment
      (Arising from Report Number 231 of the University Affairs Board (November 22, 2022))

      At the invitation of the Chair, the Provost provided a brief overview of the revisions of the Policy and a summary of the 2021-22 review process. She noted the comprehensive consultations during the review process and highlighted the recommendations. She explained that at the time the revisions were being finalized, the Provincial government released new draft legislation on Oct. 27, 2022 and then was amended on Nov. 30, 2022. She highlighted that the draft legislation had both policy and procedural requirements, and following a thorough review, the University concluded that the Act’s policy recommendations reflected what was already in the policy and the revisions that were being considered for recommendation.

      The Committee moved In Camera.

      The Committee returned to closed session.

      The Provost noted the need to continually evolve processes under the Policy to meet the needs and expectations of its community, and would be introducing new processes to conduct reference check for prospective faculty members. The reference checks would apply to every new faculty hire at the Associate or Professor level; she also provided information on the Policy violation processes and procedures at U of T.

      The Chair provided comments on the discussion of the item on behalf of the Chair of the UTSC Campus Council. She reported that:
    • The UTSC Campus Council was provided with a presentation for information on the proposed Policy revisions by Professor Sandy Welsh, Vice-Provost, Students.
    • Professor Welsh clarified for a member that the revisions presented to Council were aligned with the recommendations from the most recently tabled Provincial legislation.
    • During the discussion that followed, a member remarked that the language in the Policy could be seen as more prescriptive in nature. In response, Professor Welsh reiterated that the Policy was very clear, and the language had been strengthened to outline what should not take place.
    • Lastly, a member inquired as to the awareness and accessibility of this information for students. Professor Welsh outlined the many ways that the administration disseminates information to the student body, while acknowledging the important efforts put forward by the Sexual Violence Prevention and Support Centre.

      The Chairs then provided comments on the discussion of the item on behalf of the Chair of the UTM Campus Council. She reported that:
    • It received a similar presentation from Prof. Welsh.
    • A question was asked about the definition of ‘University community’ in the Policy and Professor Welsh noted that it included students, faculty, librarians, post-doctoral fellows, and all employees of the University of Toronto.
    • In response to a question about how consultations were conducted, Professor Welsh explained that support was made available from the Sexual Violence Prevention & Support Centre during the multiple consultation sessions that were held, so that everyone would feel safe providing input.
    • She noted that online feedback had been welcomed by certain groups, so that they could express their thoughts anonymously.
    • She said that student groups and societies had been very helpful in the development of the proposed revisions to the Policy.
    • A member had commended the administration on a well-executed process and outcome.

      Professor Ernest Lam, Vice-Chair of the Academic Board, commented on the discussion of the item at that body. He reported that:
    • There were no substantive questions from members following the overview of the revisions provided by the Provost for information.
    • Three external speaking requests were granted - the Board heard from representatives of the University of Toronto Students’ Union; the University of Toronto Mississauga Students’ Union; and the PEARS project – a coalition that provides support to survivors of sexual violence at U of T.
    • UTSU shared that in their view many students had not been aware of the opportunities to provide feedback on the draft revisions to the Policy, and they also questioned the University’s use of Non-Disclosure Agreements.
    • Comments from the UTMSU focused on their sense of the pervasiveness of sexual violence and sexual harassment on campus, and the need for a survivor-centric approach.
    • The representative of the PEARS project shared the efforts made by students to inform the draft revisions and expressed the concern that the proposed changes did not go far enough to rectify rape culture on campus.
    • They also stressed the need for trauma-informed and survivor-centric solutions; a concern shared by the Provost, who thanked the student speakers for their comments and courage in sharing them.

      The Chair provided comments on the discussion of the item on behalf of the Chair of the Business Board:
    • No questions were raised by members following Sandy Welsh’s presentation.
    • A speaking request from the Founder and Director of the PEARS Project had been granted.
    • The PEARS speaker highlighted a recent article in the Varsity on a UTM professor who had violated sexual harassment policy and an open letter the PEARS project had penned in response.
    • In response, the Provost confirmed that complaints had been received against the Professor, an investigation had found that a number of the allegations were factually substantiated, and corrective action had been taken. The Board was then reminded of the sanctions outlined in the policy and that they had all been utilized at various times in the past.

      Mr. Vikram Chadalawada, Chair of the University Affairs Board, then commented on the discussion of the item at that body.
    • Professor Welsh also gave a presentation to the Board, in response to a question from a member, she explained that the policy reflected and articulated the unique features of the U of T Community and referenced the relationship with the affiliated hospitals.
    • In response to a member’s question for clarity around the policy with respect to employee and students’ relationships, Professor Welsh indicated that the University is reviewing the conflict-of-interest guidelines to ensure they are aligned with the reviewers’ recommendation and legislation.
    • Lastly, a member inquired about the process and disclosure aspect of the policy, in which Professor Welsh explained that the policy is focused on when a report is made, and that the University is committed to reducing barriers to disclosure and reporting incidents of sexual violence. Two speaking requests had been granted - one from the UTSU and the other from the PEARS Project.
    • Both speakers cited the Varsity article and expressed their view that the Policy did not sufficiently protect students, particularly in relation to the issue of student and faculty relationships.
    • The PEARS speaker also highlighted their open letter in response to the Varsity article and community support.
    • Following the comments by the external speakers a member asked for a response from Professor Welsh to the issues that they raised.
    • With regards to the UTM case, Professor Welsh outlined the process that the University followed and the outcome. She concluded by stating that the University continues to evolve processes under the policy to meet the needs and expectations of its community.
    • The Board recommended the proposed revisions to the Policy be approved by the Governing Council, though I would note that there were a few abstentions.

      On motion duly moved, seconded and carried

      YOUR COMMITTEE APPROVED

      THAT the following recommendation be endorsed and forwarded to the Governing Council:

      THAT the proposed revisions to the Policy on Sexual Violence and Sexual Harassment, dated October 22, 2022, be approved, effective January 1, 2023.

CONSENT AGENDA

On motion duly moved, seconded, and carried

YOUR COMMITTEE RESOLVED

THAT the consent agenda be adopted and that items 4, 5 and 10 be approved.
 

  1. Report of the Previous Meeting of the Executive Committee

    Report number 535, from the meeting of October 19, 2022 was approved.
     
  2. Revisions to the Terms of Reference of the Audit Committee
     

    On motion duly moved, seconded and carried

    YOUR COMMITTEE APPROVED

    THAT the following recommendations be endorsed and forwarded to the Governing Council:

    THAT the proposed revised Audit Committee Terms of Reference be approved, effective immediately, replacing the Terms of Reference previously approved on February 17, 2017.

     
  3. Business Arising from the Report of the Previous Meeting

    There was no business arising from the report of the previous meeting.
     
  4. Minutes of the Governing Council Meetings – October 27, 2022

    Members received the Minutes of the October 27, 2022 Governing Council Meeting for information.
     
  5. Business Arising from the Minutes of the Governing Council Meetings

    There was no business arising from the minutes.
     
  6. Reports for Information

    Members received the following reports for information:
  1. Report Number 55 of the University of Toronto Scarborough Campus Council (November 15, 2022)
  2. Report Number 56 of the University of Toronto Mississauga Campus Council (November 16, 2022)
  3. Report Number 242 of the Academic Board (November 17, 2022)
  4. Report Number 231 of the University Affairs Board (November 22, 2022)
  5. Report Number 268 of the Business Board (November 23, 2022)
  6. Report Number 536 of the Executive Committee (October 27, 2022)
     
  1. Governing Council and Executive Committee Meeting Dates, 2022-23

    Members received and approved the Governing Council and Executive Committee meeting dates for 2023-2024.

End of Consent Agenda

  1. Date of Next Meeting 

    The Chair advised members that the next meeting was scheduled for Monday, February 7, 2023 from 5:00 to 7:00 p.m.
     
  2. Other Business
  1. Governing Council Meeting

    The Committee finalized the agenda for the Governing Council to be held on December 15, 2022. The Chair noted that six speaking requests had been received and recommended that five requests be granted, and one was declined.

    The Committee Moved In Camera.

IN CAMERA SESSION

  1. Judicial Board Decision

    An update on a Judicial Board Outcome was received for information.
     
  2. Items for Approval
  1. Revision to Judicial Board

    On a motion duly moved, seconded, and carried

    YOUR COMMITTEE RESOLVED

    THAT the Secretariat’s recommendations to change the composition of the Judicial Board, as outlined in the memorandum and supporting documentation from the Secretary of the Governing Council, dated November 29, 2022 be confirmed.
     
  2. Establishment of Judicial Board

    On a motion duly moved, seconded, and carried

    YOUR COMMITTEE RESOLVED

    THAT the Secretariat’s recommendations for the Establishment of a Judicial Board, as outlined in the memorandum and supporting documentation from the Secretary of the Governing Council, dated November 29, 2022 be confirmed.
     
  3. Senior Appointment

    On a motion duly moved, seconded, and carried

    YOUR COMMITTEE RESOLVED

    THAT Professor Lorraine Ferris be re-appointed to the position of Associate Vice-President, Research Oversight and Compliance for the period of July 1, 2023 to June 30, 2024.
  1. Item for Endorsement and Forwarding to the Governing Council
  1. Appointments: Member of the Governing Council to Governance Bodies, 2022-23

    On motion duly moved, seconded, and carried

    YOUR COMMITTEE APPROVED

    THAT the following motion be endorsed and forwarded to the Governing Council:

    THAT the proposed assignment for a member of the Governing Council to be approved, and

    THAT, pursuant to section 38 of By-Law Number 2, the Governing Council consider this item in camera.
     
  2. Report Number 66 of the Committee for Honorary Degrees

    On motion duly moved, seconded, and carried

    YOUR COMMITTEE APPROVED

    THAT the following motion be endorsed and forwarded to the Governing Council:

    THAT the recommendations contained in Report Number 66 of the Committee for Honorary Degrees be approved;

    THAT the Chancellor and the President be empowered to determine the degree to be conferred on each candidate and the date of the conferral; and

    THAT, pursuant to sections 38 and 40 of By-Law Number 2, the Governing Council consider this item in camera.
  1. Report of the University of Toronto Governance Task Force on Risk Reporting (TFRR)

    Members received the Governance Task Force on Risk Reporting for information.
     
  2. Committee Members with the President 

    Members of the Executive Committee, with the Board Chairs, met with the President.
     
  3. Committee Members Alone

    Members of the Executive Committee, with the Board Chairs, met privately.

     

The Committee returned to closed session.

The meeting adjourned at 7:18 p.m.
 

December 13, 2022