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Hello
colleagues,
I just wanted to remind people of the importance of offering feedback on the Human Rights and Bullying
and Harassment Policies. We all got the email I am forwarding here with links to the policies and the email address at which to send feedback (polasst@sfu.ca ). You
might be interested in giving specific feedback on the policies themselves. For my feedback, I offered comments on the move of the Human Rights Office to within the reporting authority of the VPPEI, which strips it of its independent status and creates a potentially
serious inherent conflict of interest. An independent Human Rights Office
can objectively investigate complaints without concern, even if the allegations in question are about members of the upper administration, whereas having it under the authority of any VP's Office is problematic.
Both SFUFA and the SFU Human Rights Policy Board have expressed concern about this
restructuring of the authority of the Human Rights Office. I am including here (attached) the Human Rights Policy Board's initial response to the call for feedback, which was shared on the Academic Women's discussion group and which is available as well on
their website.
I am also including here, cut and paste below, the information that SFUFA circulated to the faculty earlier (in December) about this issue.
Best, Ronda Arab
Here’s info from SFUFA:
Human Rights Office and Bullying
and Harassment Office:
As reported in the last bulletin,
SFU has moved authority for its policies on Human Rights (GP 18) and Bullying and Harassment (GP 47) to the VP, People, Equity, Inclusion portfolio. This move raises serious concerns for the Association, as it does for SFU’s other employee organizations.
The key points SFUFA is concerned
about are:
1. The
process for consideration of these moves – including consultation and Senate approval - was not followed;
2. All
of SFU’s employee organizations have consistently opposed this restructuring;
3. In
our investigations we have learned that the University has ignored the advice of its own human rights experts, cut them out of decision-making processes, and even tried to silence their objections. Two of these leaders have since left the University;
4. Prior
to this the offices were arms-length. We are calling for that to be restored immediately.
More detailed information follows.
There are a number of detailed reasons
SFUFA and other employee groups are opposed to such a move, but the short version is as follows:
- Both
GP 18 and GP 47 deal with protection of members of the university community from behaviours that are legally prohibited;
- Til
now, both offices have been arms-length from Human Resources, which oversees the managerial and disciplinary functions of the University, and has direct responsibility for defending managers and senior administrators from complaints;
- Merging
authority for Human Resources with the authority for protection of Human Rights and prevention of Bullying and Harassment reduces the independence and perceived independence of the two offices, which has serious implications for both access of community members
and overall trust in the University.
We have heard from administration
that the centralizing of processes was a management decision to improve service, and did not require consultation with the community. However, this not a simple editorial change: the change of Policy Authority requires consultation and Senate approval. Following
SFUFA’s intervention, SFU finally acknowledged that its own procedures had not been followed, and initiated a ‘consultation process’ of two weeks; extended to some 4 weeks, over the winter break.
Dan Laitsch, a faculty senator, has
produced a background document outlining the procedural concerns in more detail. That document is available here.
Process, however, is only a part
of the problem. The substance of the decision itself remains the key flaw. We have come to learn that three important advisors all recommended against the move of the HRO, and for many of the same reasons we have done so.
- The
former General Counsel and Secretary directly advised the President, several times, that she had serious concerns about the move, citing in particular the impact on the independence of the office. She left the University shortly after.
- The
Human Rights Officer has also resigned, writing in her resignation letter (which we accessed through a freedom of information request):
I wish to express that I have had concerns regarding the restructuring from
the very beginning, when the decision was first communicated to me at the end of July 2022. I value inclusivity, and to me, part of inclusivity means allowing individuals to have a voice in the decisions that directly impact them. I previously expressed my
disappointment at not being consulted prior to the restructuring decision being made and at the lack of transparency throughout the restructuring process…
I continue to have the same concerns that I raised in July and August 2022,
and in the months since, my concerns regarding the restructuring, the proposed changes to GP 47 and its operationalization (…), the arrivals and departures of certain employees, and the leadership at this institution have only grown.
… Of note, [name redacted] request on Monday that I stay silent about my
resignation, until the University allows me to speak, is antithetical to the values and principles that have guided my work, and it illustrates the key concern regarding the Human Rights Office's independence. I hope that the University will do more, and do
better, for the many outstanding people at this institution.
The complete letter can be found here.
- The
Chair of the University’s Human Rights Policy Board has also raised similar concerns, writing to the VP, PEI (in a letter shared with us but which is not fully public):
First, regarding the process by which this decision appears to have been
made, transparency and inclusion are precisely the principles on which the HRPB is founded. We exist to allow SFU community members opportunities to share concerns and experiences, as well as expertise, about the implementation of GP 18 both to the VP People,
Equity, and Inclusion (as of this re-structuring), as well as to the Director of Human Rights. And yet, we, like Kristen [Human Rights Officer] in her Directorship role, were not provided with an opportunity to provide community feedback nor advice regarding
the move of the HRO. We were simply told of the move.
…
A second but equally as concerning an issue is the potential erosion of independence
of the HRO with a move to the VP People, Equity, and Inclusion. The recent revisions to GP18 took place over approximately 18 months of consultation. One of the key concerns that the HRPB raised over and over with the University Secretariat and the policy
development team was about the need for the HRO to maintain its independence from SFU administration.
While one might understand (while
disagreeing with) the administrative logic in centralizing certain processes, the University’s behaviour with respect to these policies elevates them to an issue of more serious community concern.
- The
offices and their budgets were moved prior to any required process and prior to approval by the Board of Governors. No consultation occurred prior to the centralization of these offices;
- All
employee organizations have actively opposed the moves, not only due to the bypassing of procedure, but also due to substantive harms the moves may cause for our members, and the impact on community trust and confidence in SFU’s commitment to procedural fairness;
- 3
key senior administrative advisors (two of whom have since left the University) also advised against the changes: the former General Counsel and Secretary, the Human Rights Officer, and the Chair of the Human Rights Policy Board. The last two, who hold direct
responsibility for human rights policy at SFU, indicate they were not even consulted, but informed, after the fact, that the decision had been made.
The two policies in question are
currently out for community consultation. But the decisions regarding GP 18 and GP 47 do not appear to be grounded in expertise or good practice, and the process by which the changes were imposed is deeply problematic. Given the opposition of all employee
groups and the fact that three key administrative advisors (two of whom have since left SFU) all spoke against the proposed changes, the changes should never have come forward, and should be simply be reversed immediately. But if members wish to engage and
offer their feedback, the following excerpt from SFU’s official announcement indicates the process:
Please provide your input on the
proposed revisions to the Policy Authority for
SFU’s Human Rights Policy (GP 18) and Bullying & Harassment Policy (GP 47), which may be found at http://www.sfu.ca/policies/draft.html, before
January 9, 2023 to polasst@sfu.ca.
Dr. Ronda Arab Associate Professor of English Simon Fraser University
pronouns: she/her From: Office of the General Counsel <gc_asst@sfu.ca>
Sent: 04 January 2023 13:55 To: sfu-faculty-staff@sfu.ca Subject: Reminder - Community Consultation: Human Rights and Bullying and Harassment Policies The following message is sent on behalf of A. Francesca Hennigar, Acting General Counsel.
Thank you to everyone who has submitted feedback on the proposed revisions to the Human Rights Policy (GP 18) and Bullying & Harassment Policy (GP 47) to date. This is a reminder that the deadline to submit feedback on these proposed revisions is Monday, January 9, 2023, which may be found at http://www.sfu.ca/policies/draft.html .
Following the closure of the community consultation, the feedback received will be summarized, without reference to the individuals who submitted input, and be made available to the community on the Community Consultation on Draft Policies webpage.
We recognize that submitting feedback during the community consultation period may have been challenging in light of the December exam period, the holiday university closure, and the start of the spring 2023 semester. If you wish to share your feedback to the proposed policy revisions but are not in a position to do so prior to Monday, January 9, 2023, please send an e-mail to polasst@sfu.ca indicating that you plan to submit feedback and then please do share that feedback to polasst@sfu.ca prior to Monday, January 23, 2023. This feedback will be considered notwithstanding its receipt after the official deadline for submission. Thank you,
Francesca Hennigar Acting General Counsel
Input you provide is collected under the authority of the University Act and SFU Policy on University Policies and Procedures (B10.00). This information is collected for the purpose of engaging in community consultation, which may result in recommended changes to a policy. If you have any questions about the collection of this information, please contact the Office of the General Counsel at polasst@sfu.ca.
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Attachment:
HRPB Initial Response to HRO move.pdf
Description: HRPB Initial Response to HRO move.pdf