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University of Toronto's Student Newspaper Since 1880

Students charged “illegal” fees

Admission prompted by student union-led investigation

By Vipasha Shaikh and Sheena Singh
Published: 2:34 am, 11 February 2013
Modified: 1 pm, 11 February 2013
Vol CXXXIII, No. 16 under
UPDATED

In response to an initial investigation by U of T student unions, senior university administrators released a report last Tuesday that found at least seven ancillary fees charged to students were in violation of guidelines set out by the Ministry of Training, Colleges, and Universities (MTCU), as well the University of Toronto’s Policy on Ancillary Fees.

The report downplayed the number of fees in violation, saying that while “a few instances of fees may be interpreted as non-compliant,” the “vast majority” were in line with university policy. MTCU guidelines state that if a university levies a fee later found to be illegal, and no resolution can be achieved, “the university’s operating grant will be reduced by an amount which corresponds to the revenue raised by the fee increase,” meaning that the university would receive less funding from the province.

U of T’s vice-president, university operations Scott Mabury said there would be no refunds of the fees that had been found in violation of Ministry policy. Instead, they will cease to be charged to students in the future.

Upon finding that “embedded in the university’s list of ancillary fees are many user-fee items that should be covered under tuition fees,” the University of Toronto Students’ Union (UTSU), Scarborough Campus Students’ Union (SCSU), and Graduate Students’ Union (GSU) began a lengthy process: scrutinizing thousands of fees, levied upon students in dozens of faculties and departments across U of T’s three campuses. The results of those investigations, which began last year, were shared with The Varsity by representatives of the student unions.

“It is obvious that the university needs to seriously reconsider the MTCU’s policy on compulsory fees,” finds the UTSU’s report. “Many of the fees currently being charged to students do not fall within the guidelines, and many more of these fees are simply unjustified or illegal.” The UTSU’s submission condemns the university, claiming that it should be “ashamed” for “exploiting what it considers to be loopholes in the policy as a means of generating revenue.”

The unions and the administration remain divided over the question of at least eight other fees, ranging from copyright access to co-op fees, to system access fees for ROSI.  “It is becoming more of a trend for universities to go to student councils to raise fees,” said Munib Sajjad, vice-president, university affairs for the UTSU. “We have to look into things like infrastructure fees and computer fees, and why we should be paying this.”

The administration’s fee review was conducted by the Office of the Vice-Provost, Students, and the Planning and Budget Office. Its findings were presented to the Business Board in late-January 2013, several months later than the university had promised.

At the Business Board meeting, Mabury stated that the crux of the university’s findings were that “most fees in Category 5/6 were found to be [in] compliance” with a limited number of fees that were not compliant.

The administration’s report commits to discontinuing the fees found in violation by 2013–2014. The university has also ruled that iClickers and other additional online materials for courses are no longer required to be purchased by students in order to complete a mandatory credit course — instead, the university is to provide other methods of evaluation to its students that do not require these materials.

The report also commits to updating departmental websites, and revising the next ancillary fee schedule to “unbundle” certain fees that are currently a black box, levied under vaguely-worded descriptions, such as the laboratory supply fee that charges for multiple items, such as course manuals, lab coats, and equipment. The university will also clear up another vague fee that is charged to students in the Institute of Biomaterials and Biomedical Engineering (IBBME) for unspecified course materials by elaborating on what it covers on the IBBME website and in the 2013–2014 fees schedule. “It is important to the university to ensure that students have full information on the fees that they pay,” said Mabury. The report contains a host of other measures intended to address the obscure nature of some fees, including a new “best practices” website and more extensive consultations with students, staff, and faculty.

 

NARROW SCOPE

The university and ministry divide compulsory ancillary fees into eight distinct categories. The university’s investigation was limited to just two of these, Categories 5 and 6. Category 5 fees cover the cost of select learning materials and services, and Category 6 is for administrative fees charged only to students who use the services covered by the fee.

According to the university’s Policy on Ancillary Fees, the sole approval required for such fees rests with Mabury. For all other fees, which fall under Categories 2 through 4 and include student services, organizations, levies for specific projects, and “extraordinary” academic surcharges, students must be consulted or otherwise engaged through such means as a referendum.

Although changes to ancillary fees must be reported annually to the Business Board of Governing Council, neither university protocol nor ministry policy limit how much they can be increased. In some cases, U of T faculties have increased these fees astronomically: a 43 per cent increase for medical student registration, a 67 per cent increase for applicants to the commerce program, and between 400 and 2,000 per cent for nursing clinical placement fees.

“Many fees outlined in the ancillary fee schedule … increased at rates of above 10 per cent to over 4,000 per cent,” finds the UTSU’s report. “It is highly unlikely that increases at this rate are for the purpose of cost recovery.”

The investigation began when students at IBBME complained to the GSU about certain ancillary fees they were charged, totaling over $1,500.

“IBBME students were shocked. The university seemed to be ignoring ministry policy, which says you have to provide students with information on what the fees are for and submit proposals to Governing Council before making changes,” said Jason Dumelie, GSU academic and funding commissioner.

Concerns over those specific fees were raised with both the administration and the ministry, and were partially resolved in March 2012. The episode prompted the university to undertake its review beginning in July 2012, giving other student unions the opportunity to file reports in the process.

The UTSU submitted their own review of contentious fees applicable to undergraduate students, including building access fees, laboratory supply fees and work placement fees. Union concerns range from clear violations of policy, to vague descriptions given for fees that made it difficult to ascertain whether the fee was legal or not. Sajjad, who led the UTSU investigation, said that some fees “are very unclear” and that there have been “misinterpretations of MTCU policy.”

In their filing, the SCSU raised concerns about “unfairly high” co-op term fees that can run as high as $583 per academic session for international development studies, economic policy, physical sciences, and computer science. Guled Arale, vice-president, external, at SCSU believes some of these fees should be covered by the university’s central operating budget, and states that U of T’s ancillary fees are among the highest collected by any institution in the country — an issue that the university’s report declined to investigate.  Many of Scarborough’s co-op programs in the humanities, social sciences, management, teaching, and science programs have work placement requirements in order to graduate.

Both the GSU and UTSU contested the Access Copyright fee (also called the CANCOPY fee), which charges students for the photocopying and distribution of published copyrighted works. The UTSU alleges that this is “an illegal fee that serves to benefit the university” as many non-students (including faculty) also use the service. The university’s response is that its agreement with Access Copyright is a short-term contract that can be reconsidered in December 2013.

Some fees that existed before ministry guidelines were issued continue to fall outside of its jurisdiction, and will not be repealed. These fees include the $45 student system access fee, charged to access ROSI.

In general, union leaders have expressed concern over slow response times from both the university and the ministry. Dumelie stated, “The ministry has been slow in responding to us… We have received a little guidance from them, but over the course of a year, it’s not a ton.” Many of those involved with the union’s investigation had hoped to procure refunds for the repealed fees in the new year, a prospect that now appears unlikely.

At the Governing Council’s Business Board meeting in January 2013, many administrators said they were glad the fee review was conducted, calling it a much-needed clarification. Sally Garner, of the Planning and Budget Office, said that the university’s biggest step moving forward will be its best practices website, which will be launched over the next six to eight months, and will ensure faculties and departments have the resources needed to set appropriate fees for their students.

  • http://twitter.com/Brad_Evoy Brad Evoy

    One mild correction to the above:
    “The university’s response is that its agreement with Access Copyright is a short-term contract that can be reconsidered in December 2013.”

    Access Copyright contract renegotiation or ending really begins in June 2013 for the purpose of notice, December would be the date of renewal for a longer lasting contract.

    • Anon

      No. The contract renews for one year. Same contract.

    • Anon

      No negociation. Same contract.

      • http://twitter.com/Brad_Evoy Brad Evoy

        If the University wished, at all, to renegotiate the existing contract, they could do so around June, though its highly unlikely – as it would be simpler to leave the agreement or keep with the existing. The December date, as I noted, is for simple renewal of a longer, but still existing contract.

        • Bahram

          No.

          The contract renews for consecutive one year periods if the UofT does not notify of their wanting to get out of it 6 month in advance, hence June (See, 2. Terms).

          They might renegotiate, but not in June. They’re 100% under the existing contract then.

          • http://twitter.com/Brad_Evoy Brad Evoy

            Yes, because we’re talking about pure semantics. June would be the date of opt-out and to start reneg. if they went in that unlikely, hazardous direction – but they’d have to give indication of opting-out of the existing agreement first, you’re right.

            But, even discussing that is pointless at the clearest legal option is to simply leave the agreement.

  • Hardy Weinberg

    Won’t this be solved by one of the following: electoral reform, more wifi, online voting and/or some sort of super council that meets at a round table?

    Jokes aside, Kudos to UTSU and GSU for doing this. As we bicker amongst ourselves the admin will take advantage of us. Luckily you guys still have time to work and take care of these issues.

    • http://twitter.com/TanniPramanick Tannishtha Pramanick

      divided we fall, hahaha

      • Pierre Harfouche

        That’s not necessarily true. Engineers have been advocating about this issue to our own faculty and departments and we have made strides in removing fees from our own courses.

        But props to the UTSU and the GSU for this.

        • Mike

          Thanks to the UTSU not to the current clique who pretends to represent us Engineers. I really wish that Pierre would calm down.

  • http://twitter.com/TanniPramanick Tannishtha Pramanick

    Seriously, all this points to is that Students’ Unions do more to help us than hinder us. I’m running for Governing Council this year, and part of my platform is that I want to increase communication between governance and the unions- it’d be a nice system of checks and balances and would help cut down on hidden fees and policies that aren’t doing anything to help students. I can’t believe that there are candidates who have openly opposed having UTSU members play a larger role in governance.

    • http://www.facebook.com/aimee.quenneville Aimee Quenneville

      Tannishtha, bare in mind that your promotion of the current UTSU executive does not mean that they are promoting you in turn. I believe you’re in your first academic year at U of T, and you may not be aware of the history of UTSU mismanagement and disregard of student concerns, but one victory does not negate years of student disenfranchisement. I think catching the administration in this error is a huge success, but it doesn’t make up for the active attempts that annual incumbent UTSU slates have made to disregard or delegitimate very valid student concerns.

      • http://twitter.com/Brad_Evoy Brad Evoy

        Um, hi folks.

        On a me-speaking-for-me level, I’d like to remind you all that this isn’t about the internecine politics of UTSU – this is about a wider coalition of students – in the Unions and outside of that space – who’ve worked long and hard to make this an issue for the administration. Try and remember that, occasionally, and avoid generalizing such efforts.

        • http://twitter.com/TanniPramanick Tannishtha Pramanick

          Hello Brad, I did start out by saying students’ unions but the specific comment to which I responded directly named UTSU. I completely understand where you’re coming from. My final sentence in my initial comment is referencing motion 11 at the last UTSU special meeting- something I’m sure Ms. Quenneville is familiar with.

        • http://www.facebook.com/aimee.quenneville Aimee Quenneville

          Hi Brad,

          I was responding to the insinuation that a large cohort of students, particularly Governing Council candidates, are opposed to UTSU executives playing a larger role in campus governance. Do a lot of candidates feel that way? Most likely. Is there a reason they don’t want to hand over even more power to a student government that they feel doesn’t represent the majority of students? Yes.

          • http://twitter.com/TanniPramanick Tannishtha Pramanick

            Well the things the majority of students worry about- life after graduation, not going into debt, better internship opportunities in order to get nicer jobs after graduation- those are things that UTSU does seem to support from my understand. Maybe the finer politics of what social movements or equity measures should be pushed are things which can be debated but in terms of these three issues (which make up the majority of my platform) they seem pretty spot-on.

      • http://twitter.com/TanniPramanick Tannishtha Pramanick

        I’d like to stick it out there that while UTSU does not, at all times, match up 100% with my views, they’re more in tune with what students want on campus than people who are completely isolated from the system. By the sheer amount of interaction they have with students on campus, they have a higher chance of knowing what’s really in demand on campus. Also, I am in my first academic year, and I have to say that a lot of the dissatisfaction from the failure of UTSU to implement certain policies is not their fault. They are a union, they represent the student body but the ability to really change things on campus lies higher up- with Governance. I still think having a GC rep who is willing to at least communicate with unions and clubs- whether it be UTSU or conservatives on campus or what-have-you, is way better than someone who is entirely aloof. And while I am in my first year, I’ve had a lot of interaction with multiple unis and it’s not always bad to think outside the box (or just U of T actually) in terms of finding solutions to major issues.

      • moo

        You can say something positive about the union without agreeing with everything they do. Credit should be given where credit is do. By always critiquing the union on everything (instead of giving critique where critique is due and credit where credit is due), you lose credibility.

      • jackie

        in the vein of being patronizing, it’s spelled “bear”, as in “bear in mind”.

        • http://twitter.com/TanniPramanick Tannishtha Pramanick

          I didn’t want to be a grammar nazi, but lol. Kudos to you, Jackie!

    • D

      Did UTSU even do anything? They didn’t realize that their members were being overcharged until the University started this review. Completely missed it for years. And have they started to get a legal opinion on the matter of getting students’ money refunded?

      • Munib

        Actually the students’ unions have been addressing this issue for a while now. It’s something that many students’ have brought to our attention over the years but the university was not letting up on the review. So we went above their head and went to the government to mandate the review. We called for the review, the university had to do the review, and students are saving a bit of money. We are going to keep fighting the argued fees and making the case to get funds refunded. It’s difficult when our government allies are in a cabinet shuffle and prorogued government during this period. But we’ll keep doing it one step at a time

        • Brandon Bailey

          Munib is right here. Their old VP UA used to complain about this all the time even though it often fell on deaf ears. Kudos to UTSU on this count.

          Unfortunate that the penalty for the university needs to be via a small decrease in provincial funding, apparently. In principle it’s kind of a slap in the face to students that the result of our being overcharged is for the reduction of some gov’t funding (which is something students have been calling for consistently). Getting screwed for getting screwed in that sense.

          But all in all, the unions deserve some thanks on this one.

          • Anon

            Why? Is a good faith effort enough even though the result is actually rather shitty–as you claim? Also, these fees are just cheeky ways of raising tuition. They’ll be forced to actually raise tuition now.

            THANKS! UTSU AND GSU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

          • Brandon Bailey

            Yes Anon, a good faith effort is enough to warrant “some thanks” even though the result is not, strictly speaking, unrealistically optimal.

          • Bahram

            They reduce ed to a consumer practice as the uni and govt want. We may win this battle, but only by accepting the unacceptable. “Charge us what you like, but be up front about it so we can make an informed consumer choice.”

            The life of the mind should be a possession of everyone. How dare they charge us a penny for a ‘possession’ owed, by definition to all free persons.

  • Jason

    Questionable whether the ROSI fee was grandfathered in. It wasn’t on the MOA signed by the student unions and the University. There was some $10 phone fee, but who knows if it was mandatory at the time. Here is the MOA: http://www.governingcouncil.utoronto.ca/policies/stufees.htm

  • Adrian De Leon

    The tri-campus effort was amazing in looking into this. I have had the privilege to observe the tremendous work put in by the student union leaders and the thoughtful response package was well-done.

    It would also be great if we could see higher student awareness and participation with the bodies of CSS (UTSC), QSS (UTM), and COSS (St George), where students do have a voice and an actual vote.