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Capilano University board heeds court ruling

University delays budget pending senate policy input
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Jane Shackell and Kris Bulcroft, Capilano University's board of governors chairwoman and president.

Capilano University's board of governors is following a B.C. Supreme Court judge's orders after being found in violation of the provincial University Act, but questions linger about past and future academic programs at the school.

The Capilano Faculty Association took the university administration to court last year after several programs were cut due to a $1.3-million budget shortfall.

The judge ruled the board "must seek the advice of the Capilano senate and the Capilano senate must advise the Capilano Board on the development of an educational policy for the discontinuance of courses and programs before the university can discontinue any courses or programs, including those purported to be discontinued by the 2013/2014 budget."

At its May meeting held Tuesday night, the board delayed passing its 2014 budget, and sent an interim discontinuation policy to the senate with an eye to receiving it back with input and adopting the policy before passing the 2014 budget next month. That budget calls for five per cent reductions in the operating budgets across the university to make up for a $2.2-million deficit and the elimination of a scuba class on the Sunshine Coast.

Even that would only be a stopgap measure as the board's motion also called for the developing of a more detailed policy with closer examination by senate members in time for the 2015 budget.

Last month's ruling put the suspended programs, including studio art, textile art, commerce, computer science and into a legal limbo where they are not legally cancelled but the university has no budget for them and no students enrolled for the coming school year.

As part of the same meeting, the board approved the creation of several "new" programs, including diplomas in 2D and 3D animation, community leadership and social change, jazz studies and technical theatre, though board members acknowledged they were largely retooling of existing programs, which will allow the school to charge higher tuition rates than the two-per cent increase the province allows.

While approval of the new programs rests with Advanced Education Minister Amrik Virk, the concept raised eyebrows at the board table.

Faculty representative on the board Frank Harris pointed out that the University Act has the same requirements for establishment or revision of courses and programs as it does for discontinuance, raising questions about whether the board was opening itself up to another lawsuit.

Affected and former faculty members and students came out to Tuesday's meeting to challenge the board to respect the collegial nature that once governed how Capilano was run as a community college.

The administration has until May 23 to file an appeal of the court's decision. So far, administrators have only indicated they are considering an appeal.