A referendum scheduled by the University College Literary and Athletic Society (UCLit) to raise funds for renovations to University College has been postponed over concerns about legal liability, the Lit announced Tuesday.
In a letter posted on their website the day before polls were set to open, UCLit executives said the postponement came after Simcoe Hall “recommended changes in order to protect the Council from potential legality issues,” even while maintaining that “the current referendum question is believed to be legally appropriate.”
Two prior consultations with administrators at Simcoe Hall had approved the phrasing of the referendum question.
Several organizations on campus had raised concerns about the legality of the referendum, which was to ask students to approve a proposed increase of $12.50 per session for full-time students and $5 per session for part-time students.
The funds were to be collected over 20 years and used to finance an extensive renovation of University College’s historic building, first reported in October 2012 by The Varsity.
The Association of Part-time Undergraduate Students (APUS) claims the referendum appeared to violate provincial law. This allegation prompted a back-and-forth between APUS and UCLit, with regards to the legality of the referendum.
“Essentially, I would say that we are pleased it has been postponed. Had such improper referendum been allowed to pass, it might have set up precedent for other referenda,” said Susan Froom, vice-president, internal at APUS.
APUS says the referendum violated policies in the Ontario Operating Funds Distribution Manual, which prohibits tuition-related compulsory ancillary fees, even if approved by referendum. APUS says that much of the allocation appears to be tuition-related.
“We are glad the UCLit has taken the time to rethink the details of the referendum. I hope that the outcome of their review process will lead to them not running a referendum requesting permission to charge students a 73 per cent increase on their fees to the college over a span of 20 years,” said Katharine Ball, president of the Arts & Science Student Union or ASSU. (Ball sits on The Varsity’s Board of Directors.)
“The Arts & Science Students’ Union maintains, and has done so for more than 25 years, that students should not be required to pay for the construction and maintenance of university infrastructure. This stems from our long-standing dedication to the University of Toronto as a publicly funded, open, and inclusive institution of learning,” read a statement from the ASSU, which had led the “No” campaign urging students to vote against the fee increase.
“Should students be required to pay for their own classrooms, libraries, and reading rooms above and beyond what they are already paying in tuition and taxes? Is this referendum really just a ‘back door’ way to raise tuition fees above provincial limits? These are questions that concern not merely students at UC but all of us at U of T, and indeed throughout the province,” said Froom in an email to The Varsity.
UCLit responded to APUS’ allegations in a publicly available letter, writing that “the majority of the project reflects improvements and additions to student spaces,” and concluding that therefore, “these plans do not fall under the typical umbrella of ‘maintenance.’” The letter also cited feedback from the Office of the Vice-Provost, Students, that found the referendum’s premise and question “appropriate, legal, and comparable to previous referenda.”
“There appears to be a lack of due diligence of the part of Simcoe Hall. It appears they didn’t take into account the policy but merely looked at previous referenda. This is the purpose of student unions; to act as check and balance against the administration and to catch the problem before it was improperly implemented,” said Froom.
The new levy was to be allocated for the renovation and improvement of the college building, its classrooms, and quad. Specifically, the funds were to be used for the construction of a new library and reading room in the East and West Hall, as well as the establishment of accessibility initiatives.
The project is estimated to cost $15 million. If approved, student fees would have covered approximately 13 per cent of the total. The remaining funds were set to come from alumni contributions, the university, and government funding.
Outgoing UCLit president Benjamin Dionne said that the legal concerns over the referendum would be resolved this summer, and that a newly-elected executive team will decide how best to continue in the fall.
