Report: Governing Council - December 16, 2021

THE GOVERNING COUNCIL

DECEMBER 16, 2021
 

MINUTES OF THE MEETING OF THE GOVERNING COUNCIL held on December 16, 2021 at 4:30 p.m. via virtual meeting.

Pursuant to section 28 (e) and 38 of By-Law Number 2, 
consideration of items 12 and 13 will take place in camera. 

Present:
Brian D. Lawson (Chair), Janet L. Ecker (Vice-Chair), Rose M. Patten (Chancellor), Meric S. Gertler, (President), Trevor Young, (Acting Vice-President and Provost), Harvey T. Botting, David N. Bowden, Vikram Sainadh Chadalawada, Janet Cloud, Ann Curran, Teodora Dechev, Stark Draper, Susan Froom, Vina Goghari, Sandra Hanington, Maureen Harquail, Paul Huyer, Sarosh Jamal, Joan M. Johnston, Amin Kamaleddin, Shashi Kant, Evan Kanter, Anna Kennedy, Ernest W.N. Lam, Mark Lautens, Kikelomo Lawal, Jan K. Mahrt-Smith, Douglas E. McDougall, Joanne J. McNamara, Karen Ng, Mozynah Nofal, Salvatore M. Spadafora, Wisdom J. Tettey, Nhung Tuyet Tran, Veronica Marie Wadey, Grace Ann Westcott, Kenneth Javier Williams, Geeta Yadav, Samra Zafar  

Sheree Drummond (Secretary of the Governing Council)

Regrets:
Andrew Chen, K. Sonu Gaind, Sameer Lal, Ron Levi, Rajiv Mathur, Danielle Skipp, Ryan Teschner, Vishar Yaghoubian, Lara K. Zink

In Attendance:
David Estok (Vice-President, Communications), Alexandra Gillespie (Vice-President & Principal, University of Toronto Mississauga), Scott Mabury (Vice-President, University Operations and Real Estate Partnerships), Kelly Hannah-Moffat (Vice-President, People Strategy, Equity & Culture), David Palmer (Vice-President, University Advancement), Joe Wong (Vice-President, International),  Bryn MacPherson (Assistant Vice-President, Office of the President & Chief of Protocol, Office of the President), Sandy Welsh, Vice-Provost, Students, Noreen Ahmed-Ullah (Director, Office of the Vice-President, Communications), Donald Ainslie (Department of Philosophy), Catherine Chandler-Crichlow (Dean, School of Continuing Studies), Noah Foster (Student Presenter), Ellie Hisama (Dean, Faculty of Music), Jaime Kearns (President, Association of Part-Time Undergraduate Students (APUS)), Devi Mohabir (Assistant Director, Sexual Violence Prevention& Support Centre), Varsha Patel (Assistant Dean, Student Success & Career Support), John Robinson (Presidential Adviser on the Environment, Climate Change and Sustainability), Melinda Scott (Director, Office of the Vice-Provost Students & Student Policy Advisor), Terezia Zorić (President, University of Toronto, Faculty Association (UTFA)), Nora Gillespie (Senior Legal Counsel, Office of the Vice-President and Provost), Anthony Gray (Director, Strategic Research, Office of the President), Nadina Jamison (Chief Strategy Officer, Office of the President), Susan Mazza (Special Projects Officer, Office of the President), Archana Sridhar (Assistant Provost); Kristin Taylor (University Counsel and Chief Legal Officer, Office of the President)

Secretariat: 
Anwar Kazimi, Kristi Gourlay, Cindy Ferencz-Hammond, Samantha Frost,

1. Chair’s Remarks
   
   The Chair welcomed members and guests to the meeting. He noted that Acting Vice-President and Provost, Professor Trevor Young, would be completing his term at the end of December and acknowledged Professor Young’s leadership over the past six challenging months. The Chair advised members that two speaking requests had been received. Professor Terezia Zorić, President, University of Toronto Faculty Association (UTFA), had asked to address the Governing Council about health and safety and COVID-19. Ms Jaime Kearns, President, Association of Part-Time Undergraduate Students (APUS), had asked to speak under Item 5, Review of the University-Mandated Leave of Absence Policy. The requests had been granted.  
    
2. Report of the President 
   
   President Gertler opened his remarks by welcoming Mx. Noah Foster, a 4th-year student at Trinity College in the Faculty of Arts & Science, majoring in Environmental Studies.
   
   Mx. Foster made a presentation on a student’s perspective of the breadth and depth of sustainability education at the University of Toronto. They described their experiences with the Margaret Macmillan Trinity One Program, the CECCS Sustainability Pathways Program, a work-study experience, and an advanced course on campus sustainability. They described their experience in very positive terms.
   
   President Gertler thanked Mx. Foster for their presentation and for sharing their experiences. 
   
   ‘Defy Gravity’ Campaign
   The President reported that on December 13th, the University had launched the largest campaign in the history of Canadian philanthropy. The campaign – called ‘Defy Gravity’ – will focus on enhancing inclusive excellence, building caring communities, and addressing the world’s most pressing challenges. It rested on a foundation of fundraising proposals based on the academic priorities of individual divisions, departments, and campuses. He reported that momentum had been building for months and the University was already more than one-quarter of the way to reaching the goal of $4 billion. He expressed his gratitude to the Chair of Governing Council, Mr. Brian Lawson, and the Chair’s predecessor, Ms Claire Kennedy, for their leadership as Co-Chairs of the Campaign as well as to the Vice-President, Advancement, Mr. David Palmer, the entire Advancement community, and dedicated volunteers for their tremendous hard work. 
   
   Scarborough Charter 
   The President reported that on November 18th, 46 Canadian universities and colleges – including the University of Toronto – had formally signed the Scarborough National Charter on Anti-Black Racism and Black Inclusion in Canadian Higher Education. The Charter committed all signatories to a comprehensive set of actions to advance Black inclusion and flourishing on campuses. He noted that this represented a major milestone moment for the University and the higher education sector. He remarked on recent progress and emphasized that much work remained to be done. He recognized UTSC Vice-President and Principal Wisdom Tettey for his national leadership, along with Professor Kelly Hannah-Moffat, Vice-President, People Strategy, Equity and Culture, and all those who had played a role in bringing this initiative to life. 
   
   Fall Convocation
   The President expressed gratitude for the work of the Office of Convocation and volunteers who had undertaken the massive task of couriering degree parchments to the more than 5,000 students in over 45 countries who had graduated in absentia on November 18th. 
   
   Anti-Semitism Working Group
   President Gertler went on to report that following extensive consultations across the University and thoughtful deliberations over several months, the Report of the Working Group on Anti-Semitism had been released on December 8th. The Report included eight specific recommendations as well as practical ways to strengthen protections against anti-Semitism at the University. He expressed his gratitude to the Working Group, led by University Professor – and former Governor – Arthur Ripstein, from Law and Philosophy, and all of those who had been involved throughout the process. The Administrative Response, also released on December 8th, had accepted all of the Working Group’s recommendations and the University was in the process of implementing them. He noted that the Report was a reminder of the important role that universities played in upholding principles of equity and inclusivity, and combatting racism and discrimination in all their forms, while also articulating and defending fundamental rights such as freedom of speech and freedom of association.
   
   A governor raised a question about the recommendation not to adopt any of the formal definitions of Anti-Semitism that had been proposed by external organizations or that some peer institutions were using. 
   
   In response, President Gertler emphasized that the Report had offered a lengthy and careful analysis of this issue. The Working Group had noted that the University had not adopted formal definitions for other specific forms of racism such as Anti-Black or Anti-Islamic racism, nor was there a single, universally held view within the broader Jewish community on this matter. Furthermore, the Report had also highlighted the University’s distinctive position in society, and the responsibilities with respect to protecting academic freedom and freedom of expression, including the expressing of controversial, troubling, or offensive views. He emphasized that the University of Toronto continued to condemn and abhor anti-Semitism and other forms of racism and discrimination. 
   
   In response to a question whether any changes to policy were planned based on the Report and Administrative Response, President Gertler noted that while there were no policy changes anticipated, the Administrative Response had outlined important operational changes, including the enhancement of resources. 
   
   Federal and Provincial Updates 
   President Gertler reported that following the reopening of Parliament on November 18th, and the Throne Speech on November 23rd, the mandate letters for the new federal cabinet had been released earlier in the day. He noted that several commitments relevant to the higher education sector made in the Spring 2021 Budget and in the new Liberal platform had been included. He also noted that neither the Ontario government’s 2021 Fall Economic Statement, delivered on November 4th, nor the federal Fall Fiscal Update, released on December 14th, had included specific measures pertaining to the sector. 
   
   The President concluded his remarks by echoing the Chair’s thanks to Professor Young for having stepped into the key role of Acting Provost with grace and effectiveness during an especially demanding time. He invited Professor Young to make his final commentary on updates to the University’s response to COVID-19.     
   
   Academic Continuity
   Professor Young reported that after careful consideration and in response to recent federal and provincial announcements regarding efforts to mitigate the spread of the new Omicron variant of concern, the University had decided that as of December 16th, in-person exams would not proceed. Online tests and exams would proceed as planned. He advised that when classes resumed on January 10th, 2022, in-person learning would be delayed until January 31st, with a few exceptions in health sciences programs, and that employees should work from home until that time if they were able to do so.  
   
   Students 
   Professor Young reported that students continue to express the importance of being on campus to academic success and mental wellbeing.  He noted that the Omicron variant had created complications for travel and staff were working to support international students who might have to remain on campus over the holidays.  He reported that the University continued to support students with its quarantine program and through the COVID-19 Emergency Grants program, which had disbursed approximately $12 million to students since the onset of the pandemic.
   
   Research 
   Professor Young reported that the University, together with its hospital partners, was reviewing further safety measures for research labs in response to the Omicron variant. 
   
   Vaccination Rates and Clinics
   Professor Young noted that more than 104,000 members of the University community had declared their vaccination status on UCheck—98.1% of whom had submitted proof of full vaccination. He reported that thanks to high vaccination rates and other rigorous safety measures, there had been no outbreaks of COVID-19 at U of T. He advised that the vaccination clinic at the Exam Centre would reopen in January and encouraged members of the community to get their third dose.  
   
   In response to a question from a member about whether the University would be mandating booster vaccinations in response to the Omicron variant, Professor Young advised that the matter was being considered carefully and the University’s response would be in keeping with the evolving guidance from the province and public health experts.
   
   Professor Young closed his remarks by thanking faculty members, staff, and librarians for their remarkable work advancing the University’s mission during the fall term and planning for the winter term. He also acknowledged the resilience of students during this challenging time. 
   
   In the discussion that followed, members raised questions about the following:

• communication about evolving responses to the pandemic given the decentralized nature of the University;
• whether rapid test kits would be made available to community members; 
• the need for improved communication regarding appropriate use of masks once there was a return to in-person activity; and
• whether there was a plan to improve ventilation in common areas, such as dining halls. 
  
  In response to these questions, Professor Young noted the following: 
• The University strove to treat all members of the community equitably while taking into consideration the needs of individual divisions. Any decisions made by the University were made in consultation with Deans and other academic and staff leaders, and efforts were made to provide flexibility so that divisions could respond in the way that best met their needs; 
• Rapid test kits were being distributed to residences and would increasingly be available on the three campuses; 
• Proper use of a medical grade mask was essential and any suggestions for improving compliance were welcomed; and 
• An inventory of all spaces had been made and the University was ensuring that activities would be confined to the best ventilated spaces. 
  
  The Chair invited Professor Zorić to address the Council. Professor Zorić commended the University for its recent announcement in response to the new variant of concern. She requested that the University take the following additional actions in response to the ongoing pandemic:
• a meeting of the senior administration and UTFA, the unions, and the various student groups and unions to discuss the evolving situation and what could be done collectively to mitigate risks;
• a more explicit embrace of the precautionary principle; 
• an update of the Joint Provostial and Human Resources Guideline on Vaccination;
• provision of high-quality masks to the entire University community; 
• expansion of the use of routine rapid antigen testing; 
• requirement that all individuals entering campus buildings show a vaccine certificate with an official QR code rather than a green UCheck screen; and 
• sharing air quality data as an indicator of ventilation effectiveness. 
  
  President Gertler thanked Professor Zorić for her comments and confirmed that the University was committed to further dialogue with all community groups and to the safety of the community and would be carefully monitoring the situation as it evolved. 

3. President’s Advisory Committee on the Environment, Climate Change, and Sustainability: Annual Report, 2021
   
   At the invitation of the Chair, President Gertler introduced Professor Robinson, Presidential Adviser on the Environment, Climate Change and Sustainability, to present the Annual Report of the Committee of the Environment, Climate Change and Sustainability. The President expressed gratitude to Professor Robinson and Mr. Ron Saporta, co-chairs of the Committee, for their leadership and achievements. 
   
   Professor Robinson noted that the theme of the Report was the integration of the United Nations Sustainable Development Goals into sustainability activity across the University. He highlighted that the Committee had developed and implemented a new organizational framework with two overarching principles: regenerative sustainability and the integration of operational and academic sustainability. Activities were guided by four cross-cutting themes: the campus as a living lab of sustainability; the University as an agent of change in the community; UN Sustainable Development Goals; and facilitating student leadership. He went on to summarize the activities of the sub-committees responsible for these themes, highlighting the Sustainability Pathways Program about which Mx. Foster had spoken in his presentation. Professor Robinson noted that U of T was the only university pursing such a program, the goal of which was to ensure that every undergraduate student at the University would have the opportunity to get one of the three designations offered.
   
   The Chair and the President thanked Professor Robinson for his thorough presentation and the work of the Committee.
    
4. Proposed Revisions: Policy on Sexual Violence and Sexual Harassment
   
   At the invitation of the Chair, Professor Sandy Welsh, Vice-Provost, Students, provided a brief introduction to the item. Professor Welsh advised members that the proposed revisions consisted of technical changes mandated by the Ontario government. She explained that these revisions were the first step of a larger comprehensive review launched in October 2021. Professor Welsh indicated that this comprehensive review would include a broad consultative process expected to be completed in the next academic year and would likely result in further revisions to the Policy. The review would be chaired by Professor Linda Johnson, (Dean, Lawrence S. Bloomberg Faculty of Nursing), and Allison Burgess, (Director, Sexual and Gender Diversity Office). 
   
   Professor Welsh summarized the two technical changes required by the government. The first ensured that complainants would not be subject to action for violation of other U of T policies related to drug and alcohol use at the time the sexual violence had taken place. The second dictated that complainants would not be asked irrelevant questions such as those relating to past sexual history or sexual expression during the investigative process. She noted that these were already standard practices at the University -- adding them to the Policy ensured alignment with the new legislative requirements. Professor Welsh explained that universities were required to make these required changes by March 2022 and that there thus had been a need to bring them forward prior to the completion of the broader review of the Policy.  
   
   Professor Sal Spadafora, Chair of the Academic Board, commented on the discussion of the item at that body. He reported that in response to members’ questions and comments, Professors Welsh and Young, together with Ms Angela Treglia, Director of the Sexual Violence Prevention and Support Centre (SVPSC), had advised: 

• The current Policy did (already) focus on procedural fairness and due process, and that to date there had been no need to offer similar protections for those falsely accused; 
• The reference to ‘all other University policies’ was intentionally broad to capture all policies governing the conduct and reflecting the values of the University community and that the Student Companion to the Policy would endeavour to clarify this issue and its scope; 
• Many educational initiatives existed to inform students about the Policy and available supports and these were being undertaken in partnership with student societies, residences, and the SVPSC;  
• Raising awareness of the SVPSC’s services had been identified as a priority in its Annual Report and communication strategies were being developed; and 
• While the SVPSC did not provide ongoing support for alumni subject to harassment while students, it worked to facilitate reporting and to connect alumni to resources within the broader community. 
  
  Mr. Vikram Chadalawada, Chair of the University Affairs Board, then commented on the discussion of the item at that body. He reported that Professor Welsh had provided a comprehensive overview of the review of the Policy and the two technical changes mandated by the provincial government. Members had had no questions. 
  
  There were no questions or comments from members on this item. 
  
  On motion duly moved, seconded, and carried
  
  IT WAS RESOLVED
  
  THAT the proposed revisions to the Policy on Sexual Violence and Sexual Harassment, dated December 16, 2021, be approved, effective January 1, 2022.  

5. Review of the University-Mandated Leave of Absence Policy (UMLAP) - Overview
   
   The Chair welcomed the Co-chairs of the Review Committee, Professor Donald Ainslie, Department of Philosophy and Ms Varsha Patel, Assistant Dean of Student Success and Career Support, University of Toronto Scarborough. 
   
   Professor Welsh then provided a brief background to the University-Mandated Leave of Absence Policy. The Policy, approved by Governing Council in June 2018, had been developed in response to concerns raised by the University Ombudsperson about the University’s ability to address student behaviors during periods of extreme distress caused by serious health or mental health issues. She clarified that the intention of the Policy was to ensure the safety of all members of the University community and to support students who might benefit from some time away from their studies. She noted that it was intended to be used in rare circumstances as a last resort and only after all other attempts at accommodated measures had been exhausted. She reported that of the approximately 95,000 students enrolled annually at the University, approximately four students per year had been placed on a leave under the Policy and it had been mostly applied when there had been a significant safety concern for the community. 
   
   Professor Welsh reported that a comprehensive review of the Policy had been initiated in February 2021. As a contribution to the review process, the University had received a letter from the Chief Commissioner of the Ontario Human Rights Commission (OHRC), who had reinforced the need to ensure the Policy was fully compliant with the Ontario Human Rights Code and had offered recommendations regarding the review process. Professor Welsh stated that prior to the Policy’s approval in 2018, expert external legal advice had been sought to review the draft Policy to ensure that the University was in full compliance with its obligations under the Code. She acknowledged that while the existing Policy was fully compliant with the Code, there were areas where the Policy could be further clarified. She noted that any proposed amendments to the Policy that arose from this review would also be reviewed by appropriate external experts before moving through governance for consideration and approval. 
   
   Professor Ainslie then shared some of the themes that had emerged from the robust consultation process, as well as some preliminary recommendations. These included: 

• the perception that the Policy was inhibiting students from seeking help, for fear they would then be considered for a mandated leave; 
• some acceptance for the need for the Policy in cases where there was possible harm to others; 
• concerns about the affects of the leave including the loss of campus-based supports and impacts on finances, visas, and housing;
• concern that the Policy disproportionately impacted marginalized students; 
• concern that the Policy was difficult to interpret and the request for a companion guide that had been promised when the Policy was first passed;
• confusion about university and divisional responses to illness in general, especially the possibility of voluntary leaves; and 
• reconsideration of some of the Policy’s timelines. 
  
  Professor Ainslie reported that the conclusion thus far was that the Policy should be retained but significantly revised by focusing more narrowly on those students whose behavior was harming others.
  
  The following preliminary recommendations were highlighted by Professor Ainslie: 
• remove the references to self-harm;
• rename the Policy to more accurately reflect its purpose and available options; 
• restrict mandated leave only to those cases where a student posed harm to others or was “actively interfering with the educational experience of fellow students”, and where all other reasonable accommodations had been exhausted; 
• publish a companion guide by Fall 2022 to clarify how the Policy operates; 
• establish divisional voluntary leave policies (where they did not already exist); and
• continue to provide more support for students engaging in serious self harming behavior.
  
  As part of his concluding remarks, Professor Ainslie stated that the feedback from governors on the preliminary recommendations were being considered along with the input of external experts in human rights, and that it was anticipated that a revised Policy would pass through governance later this academic year.
  
  Professor Sal Spadafora, Chair of the Academic Board, then commented on the discussion of the item at that body. He reported that points that had been raised had included:
• voluntary leaves – and the ongoing discussions and active efforts with registrars, deans and principals, to establish those at divisions where they did not already exist; 
• the need for a revised timeline for the review process and companion guide; 
• the need for further refinement of the phrase “actively interfering with the educational experience of fellow students” to address any perceived ambiguities; 
• coordinated tri-campus communication strategies guided by experts; 
• the appeal process that was built into the Policy; 
• input and feedback from students who had experienced voluntary and mandated leaves; 
• supports for international students on leaves whose visa status had been impacted; and 
• the comments from the OHRC – how would they be addressed in ongoing consultations, and how many of those issues had already been raised in the context of the current review. 
  
  Mr. Vikram Chadalawada, Chair of the University Affairs Board, then commented on the discussion of the item at that body. He reported that the Board had been advised that: 
• Work on the companion guide was ongoing; 
• The University had committed to an external review of the proposed revisions; 
• Language regarding the Policy’s review schedule would be considered; 
• Due to privacy and confidentiality requirements, the review team had not been able to contact students subject to the Policy directly, however, case managers had been notified that the Policy was under review and that feedback was welcomed; 
• The review process had been extended twice to ensure all members of the University community had had the opportunity to provide feedback; and 
• The feedback received during the consultation had been invaluable and would be incorporated into the proposed revisions where appropriate. 
  
  He reported also that the Board had received an external speaking request from APUS President Ms Jaime Kearns, who had addressed the Board regarding the University’s response to the November 8, 2021 letter from the OHRC. Ms Kearns had highlighted four points: 
• the need for outside expertise in evaluating human rights compliance; 
• the provision of appropriate accommodations for students through Accessibility Services as an alternative to invoking the Policy; 
• the importance of intersectional issues and student involvement as key pillars in reviewing the Policy; and 
• the need to extend the review process to allow for continued consideration of the concerns raised in the OHRC’s letter. 
  
  Mr. Chadalawada concluded his report by noting that the Board had been provided with the annual report of the Policy, which had been well-received, and that members had had no questions or comments. 
  
  In response to comments from a member, Professor Welsh advised the following:
• Divisional voluntary leaves would be student-initiated;
• A full round of consultations was ongoing;
• Students would be consulted during the drafting of the guide; and
• The timing of when the changes to the Policy would go through governance was dependant on the receipt of the final recommendations from the reviewers and subsequent work.
  
  The Chair then asked Ms Kearns to address the Council. Ms Kearns opened her remarks by acknowledging the work of the review committee and her appreciation that the preliminary recommendations had reflected suggestions that had been made by student groups. She emphasized that any voluntary leave provision that was incorporated in the Policy had to be available to all students and be initiated by students. She also noted that the current Policy was reactive and asked the administration to consider additional support resources aimed at preventing students from reaching the point where they needed to take a leave.
  
  The Chair thanked all presenters for their remarks and observed that the presentations had provided an important opportunity for governors to learn about the themes and issues that had arisen during the engaged and comprehensive consultation process.

CONSENT AGENDA

On motion duly made, seconded, and carried

IT WAS RESOLVED

THAT the consent agenda be adopted and Item 6 approved.

6. Minutes of the Previous Meeting of the Governing Council – October 28, 2021
   
   The minutes of the previous meeting of the Governing Council were approved.
    
7. Business Arising from the Report of the Previous Meeting
   
   There was no business arising from the report of the previous meeting.
    
8. Reports for Information
   
   Members received the following reports for information:
   1. Review of Academic Programs and Units – Part 1 
      1. Semi-Annual Report: April 2020 – October 2020 
      2. Follow-up Reports from Previous Reviews: 
         1. Department of Management (University of Toronto Scarborough)
   2. Report Number 50 of the University of Toronto Scarborough Campus Council (November 15, 2021) 
   3. Report Number 50 of the University of Toronto Mississauga Campus Council (November 16, 2021) 
   4. Report Number 236 of the Academic Board (November 17, 2021) 
   5. Report Number 226 of the University Affairs Board (November 23, 2021) 
   6. Report Number 261 of the Business Board (November 24, 2021) 
   7. Report Number 526 of the Executive Committee (December 7, 2021) 

END OF CONSENT AGENDA
 

9. Date of the Next Meeting 
   
   The Chair advised that the next meeting of the Governing Council was scheduled for Tuesday, February 15, 2022 from 4:30 to 6:30 p.m. and that members would be advised if it would be held virtually or in-person. 
    
10. Question Period
    
    There were no questions from members.
     
11. Other Business
    
    There were no items of other business
     

The Governing Council moved in camera. 
 

12. Senior Appointment: Vice-President, Research and Innovation, and Strategic Initiatives 

On motion duly made, seconded, and carried 

IT WAS RESOLVED

THAT Professor Leah Cowen be appointed as Vice-President, Research and Innovation, and Strategic Initiatives, effective January 1, 2022 until December 31, 2026.
 

13. Report Number 65 of the Committee for Honorary Degrees
    
    On motion duly made, seconded, and carried 
    
    IT WAS RESOLVED
    
    THAT the recommendations contained in Report Number 65 of the Committee for 
    
    Honorary Degrees be approved; and 
    
    THAT the Chancellor and the President be empowered to determine the degree to be conferred on each candidate and the date of the conferral. 

 
The meeting returned to open session. 

The Chair wished all members a safe and restful holiday season. 

    The meeting adjourned at 6:47 p.m.

January 17, 2022