This is the June 2008 report of the Ad Hoc Investigatory Committee on Freedom of Speech, Academic Freedom and Governance at York University, launched by the Canadian Association of University Teachers (CAUT) in 2005. See here.
President Lenton, we can see an end to this academic disruption. The incoming Ontario government has already announced it will engage the back to work legislation you have so eagerly sought. What may become a highly troubling right wing government is delivering you your objective. More…
May 16, 2018
The Honourable Kathleen Wynne
Premier of Ontario
Dear Premier Wynne,
I am aware that you are in an election campaign but I don’t believe this should prevent you from acting, on the contrary.
Ontario’s second largest university, York University, is in a profound crisis, as I have already written to you and the Minister of Advanced Education and Skills Development.
A self-appointed, unrepresentative and imbalanced Board of Governors, overwhelmingly rejected by students, staff and faculty, is abusing its power in an attempt to bust a legitimate union. Their tactics are the equivalent of a disguised lock-out, and they are willing to destroy the university in the process.
When can we expect to see you and the Minister of Advanced Education and Skills Development at York University to confront this illegitimate and abusive Board?
A disguised lock-out
Other governments are able to assume their responsibilities and intervene. Faced with a similar abuse of power by senior administration at the Université du Québec àTrois-Rivières (UQTR), the Quebec Liberal government held a cabinet meeting and the Minister of Higher Education, Hélène David, immediately presented the President of UQTR with an ultimatum to end the lockout and get back to the negotiating table.
This is a very good example of what could be done. It is not too late for you to act. We have been waiting already 10 weeks for your government to act meaningfully.
We cannot wait weeks and weeks again until after the elections are over.
Associations representing 56,000 York students have lost confidence in the Board and the President
The situation at York University is much more serious than the one at UQTR. The York University Graduate Student Association (YUGSA) representing all of York’s almost 6,000 graduate students and the York Federation of Students (YFS) representing approximately 50,000 students at York have passed votes of non-confidence in the Board of Governors and President Lenton.
Five faculty councils (Glendon, Education, Environmental Studies, Graduate Studies and Liberal Arts & Professional Studies) and numerous departments and departmental student associations have adopted votes of non-confidence in the Board of Governors and the senior administration.
This wave of rejection is unprecedented. The message is loud and clear: the only way to move forward is to replace the Board and the President.
Your government is responsible for ensuring that public funds are used respectfully
Your government funds York University on a per-student basis, from hard-earned taxpayers’ dollars. The Ministry of Advanced Education and Skills Development oversees Ontario universities to ensure that, in return for this funding, they deliver quality courses to their students.
The Board of Governors and administration are demeaning York courses and degrees by offering full course credit for only 60-70% of coursework. They are shamelessly intimidating instructors to comply. As professors, we cannot in good conscience be complicit with this kind of educational fraud. It goes against all our principles as teachers, and all the educational values of a university.
York University has been given full funding; it cannot be allowed to deliver 60-70% of its course content. The Ministry cannot allow York University to undermine with impunity the academic quality of its courses.
Your government must hold the York University Board and administration accountable for their misuse of public funds.
We need a new Board and administration
This Board and administration have lost contact with the educational purpose of a university. They are not elected and see themselves as accountable to no one.
Rather than resign in the face of these massive votes of non-confidence, they are brazenly seeking to intimidate students and instructors and impose senseless measures that make a mockery of academic integrity. They are allowing the situation to rot, with no end in sight.
Why have you, as Premier, following Québec Minister David’s example, not convoked a meeting with York University’s Board and President, and gone yourself as Premier to York University with your Minister of Advanced Education and Skills Development, to present them with an ultimatum. At UQTR, professors and students formed a guard of honour to welcome Minister David.
I implore you as Premier to help us put York University back together again as a functioning and harmonious educational institution.
This Board and administration have deliberately created confrontation and in their arrogance they are willing to wreak havoc with students’ lives and destroy the whole university. They must be stopped.
I implore you as Premier to help us remove this illegitimate, unrepresentative, disconnected, imbalanced, sexist and heartless Board and senior administration, so that we can put in place a new Board and a new administration, and build together a university that truly reflects our shared values of social justice.
When can we expect you at York University? It’s not too late for you to take action and regain the esteem of the university community and the public.
Sincerely, Agnes Whitfield, Ph.D., c. tran.
Professor/Professeure titulaire, Department of English/Département d’études anglaises York University/Université York, Toronto (Canada) http://people.laps.yorku.ca/people.nsf/researcherprofile?readform&shortname=agnesw Founding Director/Directrice fondatrice, Vita Traductiva http://vitatraductiva.blog.yorku.ca/ Visiting Professor/Professeure invitee, Johannes Gutenberg-Universität Mainz, 2017 Bilingual Joint Chair in Women’s Studies, Carleton University, University of Ottawa/Chaire conjointe bilingue en études des femmes, Université Carleton, Université d’Ottawa, 2009-2010 Virtual Scholar, Heritage Canada/Chercheure virtuelle, Patrimoine canadien, 2006-2007 Seagram Visiting Chair in Canadian Studies, McGill University/Chaire d’invité Seagram en études canadiennes, Université McGill, 2003-2004 Présidente, Association canadienne de traductologie /President, Canadian Association for Translation Studies, 1995-1999
April 25, 2018
The following Motion of non-confidence in the BOG and call for an independent, external, judicial review of the BOG conduct and interpretation of the York University Act was passed by the Faculty of Education at the Special Meeting of Faculty Council on April 25, 2018.
Votes in favour: 25
Votes abstaining: 3
Motion: The Faculty of Education rejects the BOG understanding of their responsibilities and authority to include authority to suspend classes during a disruption, and we reject their interpretation of the respective roles of Senate and the Board of Governors under the York University Act, and further the Faculty of Education rejects the BOG’s assertion that they are fulfilling their fiduciary duties, all of which was asserted in the April 2, 2018 letter from the chair of the BOG to the chair of Senate. We put forth a vote, a statement of non-confidence in the Board of Governors and a call for an independent, external judicial review of the Board’s conduct and interpretation of the York University Act.
2. Letter from Chair of BOG to Chair of Senate Executive, March 2, 2018
April 25, 2018
To: Mr. William Kaplan, Investigator, Ontario Ministry of Labour Industrial Inquiry into the CUPE 3903 Strike at York University.
We, the faculty members of the Department of Cinema and Media Arts, join our colleagues from Glendon, the Department of English and many other colleagues across the university, in expressing our outrage at York administration’s continued refusal to negotiate with CUPE 3903 in good faith. We condemn the administration’s strategy and, with our colleagues, present this vote of non-confidence in President Rhonda Lenton, her senior administrators, and the Board of Governors of York University.
Rationale: For eight weeks, the administration has played a game of hardball, insisting the two sides in the current labour dispute are too far apart to even consider negotiating. This is a misguided strategy as evidenced by the resounding 85% of the union membership of CUPE 3903 that voted ‘no’ in the forced ratification vote, April 9, 2018.
We believe collegial governance is what distinguishes universities as institutions committed to a public good. This core aspect of the university’s mission, however, has been steadily eroded over the past decades as decision making has become centralized and, in particular, Senate authority has been challenged and breached both prior to and during the current labour disruption. Spending on administrator salaries has skyrocketed. Please see Mathew Kurtz’s illuminating article in Excalibur, “The rising cost of high-income administrators at York.”
We believe that much of the erosion of collegial governance stems from a Board of Governors, chaired by Rick Waugh, that is increasingly unrepresentative, undemocratic and whose orientation is blatantly anti-union. Their vision of a corporatized university is not the vision we share. The refusal to negotiate, which we believe is informed by an explicit desire to break the union, is undermining the integrity of our academic offerings, demoralizing faculty, punishing students – including students who, as TAs and GAs, are walking the picket line – and is ruining the reputation of York University.
April 10, 2018
The Honourable Mitzie Hunter
Minister of Advanced Education and Skills Development
Government of Ontario
Dear Minister Hunter,
I am writing to you again, as a woman with a government led by a woman Premier, to urge you to restore legitimate governance at York University.
The Board of Governors is operating outside its By-laws. It has imposed a President whom only 11% of faculty approved, and has now usurped the powers of the university Senate.
I have held tenured appointments at two Ontario universities since 1980 and been a visiting professor at two other Ontario universities (University of Ottawa and Carleton) as well as at McGill University in Quebec. I have never ever seen a situation like this.
Students offered grades ‘on the cheap’ but pay full fees
Over 75% of courses at York University have not been given since the beginning of March, over five weeks ago! My students do not know where to turn.
For so many of them, obtaining advanced education is already a challenge. They have to work part-time or full-time to pay their fees. They have young families or family care-giving responsibilities. For many it is a daily struggle to pay for housing and food. Under these conditions, meeting assignment deadlines is already challenging and they do not have the time to do their best work. I know, because I encourage my students to communicate their situation to me so that I can provide whatever assistance I can to help them complete their courses successfully.
But what are York students to do now? They have plans for graduating, for applications to other programs, for summer employment. Everything is on hold. They have paid full fees for their courses with their hard-earned money. Why should they have to pay all their fees when they don’t have timely access to all their courses?
The University administration is suggesting they take a grade for 60% or 70% of their work, that they accept some kind of grade ‘on the cheap.’ Will future employers look down at their York diploma? Will they still be able to get jobs? Why is the administration degrading its own degrees?
A Board of Governors completely disconnected from students, staff and faculty
This dire situation has arisen because a small group of people from big business and big banking have taken control over the Board of Governors and are usurping powers normally held by the President and the University Senate.
The Board runs the show behind closed doors according to its own hidden agenda, consulting only with union-busting lawyers and corporate public relations firms. There is no discussion, no dialogue, no respect of rules, no sense of community, and no sense of what a university is. This is not how a university should be governed. What kind of example is this for our students?
I received a shameless email yesterday from email@example.com. The email wasn’t signed. I don’t know who wrote it. As a faculty member, I simply receive these anonymous emails from ‘above.’ Often the messages, addressed to us by our first names, are intimidating or contain misleading information.
I have never ever in 38 years of university teaching in Ontario seen such a radical disregard and disrespect on the part of a university Board and administration for its university’s students, staff and faculty. I have never seen such havoc and injustice wrought on a university because of a Board so completely disconnected from the people and principles of the university it is supposed to foster.
A Board of Governors in breach of its By-laws: No representation for vast sectors of the public
I wrote to you on March 19, 2018 to draw your attention to these grave governance issues at York University. I pointed out the Board of Governors’ disrespect by of its own By-laws requiring broad community representation on the Board, the Board’s failure to ensure gender equity on the Board, and the Board’s lack of representation of approximately 95% of York students and their programs. My email was copied to the Secretary of the Cabinet.
I received no response from you or your Ministry. I can understand that this is a busy time for you, since elections will be held on June 7. But I don’t see how your government can sit by and allow such hardship to continue at Ontario’s second-largest university, with46,400 undergraduate students and 5,900 graduate students, and 7,000 faculty and staff (http://about.yorku.ca/).
A Board of Governors opposed to equity for women
Your government is to be commended for having taken important steps to ensure gender equality and to prevent violence against women. Your program ‘GET ON BOARD – Ontario’s Implementation Plan to Promote Women in Corporate Leadership’ has set targets for the number of women on corporate boards.
Many Provincial Boards and Agencies have surpassed the 40% Target, achieving over 50% representation of women (https://www.ontario.ca/…/get-board-ontarios-implementation-…).
How then can your government accept that at York University, where 59% of undergraduate students are women, women constitute only 35% of external members on the Board and only 15% of the members of the Board’s central Executive Committee?
Chair of the Board makes sexist remarks in the Financial Post
How can your government accept that the Chair of the Board of Governors of an Ontario university has publicly expressed in the Financial Post his opposition to government legislation on gender equality and his sexist belief that if there are not more women on boards it’s because there are not enough qualified women? (http://business.financialpost.com/…/managing-in-the-grey-sc…)
The Board appoints its own external members. How can your government support a Board that has stubbornly refused to appoint an equal number of men and women?
A Board working against your government’s legislation on wage equity and women’s safety
Your government has put in place measures to ensure wage equity. How can it support a university Board who is actively widening the wage gap by refusing to improve working conditions for contract faculty, the majority of whom are women?
Your government has taken major steps to prevent violence against women. How can a Board that cannot even appoint an equal number of women possibly exercise appropriate oversight on university health and safety policies to prevent violence against women? Indeed, York University has a long history, under former President Shoukri and the same kind of sexist Board, of lack of concern for women’s safety.
A Board who does not represent 95% of York’s Undergraduate Students
The Ontario government funds universities through a complex formula that reflects enrollments. At York University, three faculties, Schulich (business), Osgoode (law) and Lassonde (engineering), represent about 5% of undergraduate students.
Yet, ALL the external members of the Board of Governors have degrees in these three fields. Five external Board members sit concurrently on advisory Boards at Schulich. In other words, NO external Board members represent the programs and disciplines of 95% of York University undergraduate students.
How can a Board skewed towards only three small faculties make informed and responsible decisions about programs in the eight other faculties? How can such a Board ensure that the public funds and student fees the university is receiving for these programs, where 95% of York University’s students are enrolled, are actually going towards these programs? The answer is that it cannot make, and is not making, responsible decisions for all York students.
A Board who pays lip service to experiential learning then cuts 800 graduate assistantships
Graduate assistantships provide valuable professional experience to students. They are proud to put their assistantships on their résumé and their work experience at York University helps them obtain employment after graduation. Through these positions, students receive professional mentoring, participate in dynamic research projects and contribute to research at the university
Your Ministry has made strong efforts to increase Ontario students’ access to experiential learning and on-the-job training and has asked Ontario universities to outline the experiential learning opportunities they offer to students.
How can your Ministry support a Board that has outlined these opportunities to you then, behind your back, cut over 800 experiential learning positions for its own graduate students?
The Ontario government cannot allow a small, illegitimately appointed corporate Board to cause so much suffering and injustice at a public university
I believe that your government has an obligation to redress the enormous disconnection at York University between the Board of Governors and the administration it has put in place, on the one hand, and students, staff and faculty, on the other.
Students, staff and faculty at York University are under great duress. It is an exceedingly stressful situation. York University is a publicly-funded institution. Boards have an obligation to be accountable to the public they serve, but this Board at York is not answering to anyone.
I am deeply disappointed in this Board’s failure to respond to longstanding calls to respect its own By-laws and include members from a broad range of diverse sectors in society.
On the contrary, it has just infringed more regulations and laws in flagrant disregard for the very principles of mutual understanding and respect, on which universities are founded. This is not how a university should be governed.
I am deeply distressed by the inhumane actions of this Board. It has consistently and shamelessly trampled over the interests of students, staff and faculty. It has made every effort to degrade the collective intellectual and creative spirit of York University. It has not shown one iota of regret for the real suffering it is imposing on real people.
Your government has to take responsibility urgently. It must hold the Board accountable for the actions that are putting York University and the education of its students at risk. It cannot allow a handful of individuals who have appointed themselves to the university’s Board and function as a closed shop to sabotage a public institution of higher learning.
I am urging you, because it behooves you as Minister of Advanced Education and Skills Development, to 1) place York University temporarily under government supervision, 2) disband the current illegitimate Board of Governors, 3) annul its appointment of Dr. Rhonda Lenton as President, and 4) appoint an interim Chairperson of the Board of Governors tasked with undertaking the renewal of the university’s governance structures.
Agnes Whitfield, Ph.D., c. tran.
Department of English/Département d’études anglaises
York University/Université York, Toronto (Canada)
Founding Director/Directrice fondatrice, Vita Traductiva
Visiting Professor/Professeure invitee, Johannes Gutenberg-Universität Mainz, 2017
Bilingual Joint Chair in Women’s Studies, Carleton University, University of Ottawa/Chaire conjointe bilingue en études des femmes, Université Carleton, Université d’Ottawa, 2009-2010
Virtual Scholar, Heritage Canada/Chercheure virtuelle, Patrimoine canadien, 2006-2007
Seagram Visiting Chair in Canadian Studies, McGill University/Chaire d’invité Seagram en études canadiennes, Université McGill, 2003-2004
Présidente, Association canadienne de traductologie /President, Canadian Association for Translation Studies, 1995-1999
April 9, 2018
On April 5th, 2018, colleagues from the Faculty of Education, York University, met to discuss our ongoing concern with the Administration’s troubling tactics during the labour dispute. These tactics reverberate through all levels of collegial governance and democratic process, and affect every aspect of our work. Having entered into its fourth week, the Administration embarked on the dangerous wager of forcing ratification and, in the meantime, has done little to improve the climate of negotiation between itself, the university community, and CUPE 3903.
Within this context, we want to express our support and solidarity with our students and colleagues of CUPE 3903. We do so as a commitment to our responsibility as faculty for the well-being of the University, and against the unfair and precarious situations of employment at the University. As professors, we feel it is our duty to protect the University’s educational principles and to support our students and colleagues by adhering to 1) collegial governance, 2) principles of academic integrity, and 3) our responsibility as educators to our students. We reaffirm our role and responsibility as faculty because these three aspects have been under threat during this dispute.
As scholars, professors, and instructors of education, we are uniquely positioned to gage the damage that recent events pose for academic integrity and scholarly innovation that are the hallmarks of York University’s highly regarded reputation. Our worry is that this dispute is not merely about providing fair conditions for workers, but increasingly about the Administration’s re-alignment of faculty governance. It seems to us that the University is being run less and less by professors and students, who are invested in educational and academic concerns, and more by people in management and commerce, guided by the Board of Governors, with little or no experience in or sense of responsibility for academic and educational matters. Such a re-alignment betrays the longstanding right to have educational and academic autonomy from the Board of Governors for which faculty and others have previously fought. This managerial and economic trend will not serve faculty and students well.
As professors of a Faculty of Education who have long-standing experience and engagement, sharing with multiple stakeholders, in public schools, communities, and educational sectors, we roundly reject the Administration’s rush to undermine faculty governance and educational authority. Our position aligns with those expressed in numerous universities and by school teachers worldwide, some of whom are protesting in the streets today, the devastatingly failed project to make education profitable. Rendering education a commercial project, and putting financial concerns before pedagogical ones, privileges the few while denigrating the promise education holds for so many. Our students, young people, and children stand to lose the most from the reckless actions of the Administrators and the Board of Governors. These managerial actions, lacking foresight, have caused so many teachers, educators, and scholars everywhere to take a decisive stand for the idea and ideals of education, academic integrity, and free enquiry underlying the right to public education in just and democratic societies.
We urge the Administration to respect collegial processes and return to the bargaining table, in good faith and fair play, to lessen the turmoil, confusion, and conflict we are all experiencing. Labour disputes are important events that help us to think about ourselves and the society in which we want to live; they also take the temperature of our foundational institutions and the core values driving them. A strike gives us pause to reflect on the state of our academic organization and how we belong and commit to it. For many of us at York University, this dispute exposes the deliberate collapsing of collegial structures into managerialism, and how our talents, which defy economy, are exploited for their serviceability to the bottom-line. A strike also reminds us (because we all tend to forget) that nothing in life is given. Our lives are all precarious (in different ways) and, in a democratic society, we have a right to speak of our needs and a responsibility to take care of each other. Our Administration needs to remember — indeed, we all need to remember — that when you give people a living, dignifying wage, and treat them like people with minds and dreams and the promise of a shared and sustainable present and future, rather than seeing them as economic “units” and income generators, we provide the fundamental conditions for education to be possible.
In solidarity with teachers and students everywhere,
Roopa Desai Trilokekar
Aparna Mishra Tarc
March 20, 2018
Statement passed by the Department of Psychology:
“The Department of Psychology in the Faculty of Health supports the view that Senate, in conjunction with Senate Executive, has the authority to direct and determine whether classes should be suspended on the basis of academic integrity.”