Stewards’ Council Statement on Vari Hall Events

16 Feb 05 – At the most recent meeting of YUFA’s Stewards’ Council, a motion was passed to write a statement addressing the following issues, which have arisen in the aftermath of the York University administration’s actions on January 20^th of this year in response to a demonstration in Vari Hall:

Academic Freedom: YUFA Stewards are concerned about the erosion of academic and personal freedom of expression that has taken place on campus. Article 10 of the Collective Agreement ratified by the York University Board of Governors and YUFA outlines the responsibilities of the parties to uphold, protect and promote academic freedom as essential to the pursuit of truth. The restrictions on the use of public space and distribution of pamphlets as well as the requirement that the administration approve the content of any materials distributed are a direct restriction on that academic freedom. Reports of surreptitious video surveillance in spaces such as Vari Hall also add a chill to the public expression of ideas and opinions at York. As educators, it is reasonable for us to plan surveys of student opinion, distribute student produced teaching materials or position papers, or organize poster sessions about class projects. None of these is allowed in any practical way under the current rules for the use of public space at York.

Presidential Authority: Presidential regulations both define acceptable conduct for students and specify academic sanctions, such as rustication, that can result from the breach of those regulations. YUFA Stewards note that President Marsden did not invoke these powers with respect to the Jan. 20^th demonstration. If the demonstration was as it has been portrayed by the York administration, why were these regulations not used to deal with the alleged behaviour proscribed in the regulations?

Temporary Use of Space Policy: This policy was not negotiated with YUFA and it represents a serious limitation of academic freedom. Requiring 15-30 days notice of application for the use of space represents a bureaucratic barrier to exchange of views. This policy has converted public space at the University into private space for which permits are required, with the conspicuous exception of those events presented by the York administration. The resulting charges of trespass and the threat of a criminal record go a long way toward curtailing the exchange of ideas that is at the heart of academic freedom, and protected by the Canadian Charter of Rights and Freedoms.

The Stewards’ Council recognizes the right of management to maintain order and security, but the Temporary Use of Space Policy sets the stage for confrontations rather than the peaceful exchange of ideas that is seminal to a university education.

Safety on Campus: Some faculty members have perceived the advance arrangement to use Toronto police to break up the January 20^th demonstration as not only a suppression of academic freedom but also a threat to the safety of members in the York community. The presence of police squad cars, helicopters and armed officers using extended batons to clear the rotunda of Vari Hall was frightening to many observers.

In discussing the use of police as an emergency response, Stewards became aware that there is no published plan for safely evacuating public spaces such as Vari Hall and redirecting foot traffic in the link between Vari, Ross, and Curtis Halls. Past emergencies on campus such as that in the TEL building last year highlighted the lack of such procedures and training of employees. York University is the size of a small city and emergencies can be expected to occur. The campus is close to petroleum depots on Keele St. and Finch Ave. It is also on the direct flight path to Pearson airport. Our aging infrastructure is also a concern; many will remember the collapse of the ceiling in one of the Curtis lecture halls. We can also add hazardous materials emergencies in any of the science laboratories on campus to the list. Regardless of the cause of the emergency, the university administration has an obligation under the Ontario Occupational Health and Safety Act to provide information, training and means of safe response to any situation that a worker believes to be a threat to health and safety.

What Can and Should Be Done?
The Temporary Use of Space Policy should be vacated until a policy which protects, promotes and encourages academic freedom can be addressed by the Joint Committee on Administration of the Agreement. This joint committee with YUFA representatives and members of the York administration is charged with resolving issues and clarifying practices that flow out of the Collective Agreement. We believe it is an appropriate place to begin discussion on the issue of the use of public spaces at York.

The lack of any emergency response procedures for safely responding to situations such as that experienced by workers during the demonstration and police response of Jan. 20^th should be addressed by the Joint Health and Safety Committee. Workers have reported their concerns about safety in any potential emergency and particularly the police response to the student demonstration in Vari Hall. The employer must meet its obligations under legislation to address these concerns by developing effective measures to ensure safety of workers as well as property.