British Columbia Civil Liberties Association | 28 July 2003 | For Immediate Release

July 28, 2003

Dr. John Waterhouse,
Vice President, Academic
Simon Fraser University
8888 University Drive
Burnaby, B.C.
V5A 1S6

Dear Dr. Waterhouse:

RE: SFU Policy Regarding the Management of Canada Research Chairs at SFU

On behalf of the B.C. Civil Liberties Association (BCCLA), I am writing to express concern regarding the new policy of Simon Fraser University (SFU) to manage the Canada Research Chair (CRC) program at SFU.

As we understand the new CRC policy, SFU is seeking to address the gender imbalance in prior CRC appointments by (a) creating a set of gender "goals" for new CRC appointments, and (b) altering the hiring process for Tier II CRC appointments by eliminating the advertising requirement for these appointments if an adequate pre-advertisement list of strong potential female candidates is presented by the Dean and Department Head to the Vice President, Academic.

In preparing this letter, BCCLA Executive Director Murray Mollard and Board member Ann Curry met with Bill Krane, Associate Vice-President Academic and Sue Roppel, Director of Academic Relations on July 11, 2003. Mr. Mollard subsequently spoke further with Ms. Roppel on July 14, 2003. The BCCLA Board of Directors discussed this matter at its July board meeting and resolved to express the following concerns to SFU.

In summary, the B.C. Civil Liberties Association finds the new policy to be problematic on several levels. First, in the absence of specific information regarding CRC's that have already been awarded or nominated by SFU, we are unable to properly assess the justification for diverging from the standard policy of an open hiring competition for Tier II CRC appointments. Second, the BCCLA generally opposes closed hiring processes since hiring should be based on merit. Finally, if achieving diversity in the SFU faculty is an appropriate goal, the new policy discriminates against other under-represented groups. Let me expand on each of these concerns.

Lack of Information Justifying SFU's New Policy

When meeting with Mr. Krane and Ms. Roppel, Mr. Mollard and Ms. Curry sought specific information about past CRC appointments and nominations made by SFU. Mr. Mollard followed up this meeting with an explicit request to Ms. Roppel for more specific and detailed information about the hiring process leading to the appointment of 21 men to the first 22 CRC appointments made by SFU. In particular, in order to properly assess whether there has been anything lacking in the appointment process of the first 22 CRCs, one needs access to specific information including the nomination process for Tier I and Tier II nominations to date and the gender breakdown for these nominations. Ms. Roppel indicated that there was only one female candidate shortlisted for Tier I appointments made to date. She was unable to provide any information about Tier II gender statistics though she did indicate that this information would likely resemble information about regular appointments at the university.

If SFU is willing to provide this information, we would be happy to revisit our concerns taking into account this information. For your knowledge, the BCCLA's policy with respect to preferential hiring policies for those from disadvantaged groups is acceptable when:
(a) there exists strong evidence of deeply ingrained bias in the selection process against members of the disadvantaged group,
(b) all reasonable efforts to address this bias have failed,
(c) a preferential policy is only in place as long as necessary to overcome the bias, and
(d) care is taken to ensure that the policy does not institutionalize an attitude that places greater value on group membership than on individual qualifications.

Mr. Krane and Ms. Roppel were adamant that there has been no discrimination in the process up to date and that the progressive policies referred to in the new policy have been followed in past appointments. We have no information that would lead us to doubt their assertions.

But the fact that there has been no past discrimination in past CRC appointments begs the question why a divergence from the prior Tier II open hiring competition policy is necessary. Our concern is that the "goals" that are specified in the new policy will become de facto quotas in the allocation of future CRCs. Without specific information that would indicate past ingrained discrimination, the new policy is unjustified. Even if there were sufficient evidence of past discrimination, we would not concede that the new policy is appropriate without consideration of other factors.

In addition, we find the following wording of the new CRC policy significantly problematic:

"To facilitate our goal, the University will allow non-advertised searches (in accordance with A10.01, article 4) for all Canada Research Chair positions where the Dean and the Department are able to develop a pre-advertisement list of strong potential female candidates."

A reasonable interpretation of the plain wording of this sentence, combined with restrictions on advertising, suggest that some CRC positions will be limited to women as a matter of fact and that shortlists will be comprised of women only, or perhaps have token male representation.

We were assured by Mr. Krane and Ms. Roppel that Deans and Departments understand that male candidates will be considered as well. However, their response was vague and not reassuring. It is difficult to interpret these directives except as an attempt to ensure that female candidates will receive exceptional preferential treatment, and that the consideration given to men, including men from under-represented groups, will be minimal at best.

We should be clear that the BCCLA is not opposed to SFU undertaking special efforts to identify and encourage any members of under-represented groups from applying for a CRC or any other position as long two conditions are met. First, hiring decisions must ultimately be based on merit alone. Second, all other individuals who are not part of the under- represented group should be adequately notified about available positions via standard advertising, be able to apply for the positions and be equally considered based on their qualifications for the positions without regard to their gender.

Elimination of Advertising Requirement for Tier II Appointments

The BCCLA is opposed to the closed nature of the hiring process in the new CRC policy. In our view, an open and transparent selection and hiring process will enhance the quality of candidates for consideration while not preventing SFU from engaging in pro-active measures to increase the pool of qualified female applicants Ms. Roppel suggested that some strong female candidates would not apply if there is an advertised competition for Tier II CRC position because there would be risks to their current academic positions if they were to obtain references for a CRC application at SFU. This explanation simply does not make sense to us.

First, even when a strong list of female candidates is available, there will still be a shortlist of candidates who must go through a standard selection process. SFU surely would not nominate a candidate for a CRC position without first performing the standard background checks, including conferring with references. Second, far from undermining a woman's academic position at another post-secondary institution, the fact that SFU expresses strong interest in the application by the female academic would only enhance her status at her current institution. Indeed, we would expect that an approach by a rival university vying for her services would provide a wonderful bargaining tool to increase her status at her current university. Everyone loves to be in demand. Finally, many women may find it degrading to know that they were given preferential treatment based on their gender alone rather than being hired simply on merit. An open selection process which includes advertising would communicate clearly to all candidates and the general public that SFU hires on the basis of merit alone rather than preferential hiring based on gender.

In sum, an open selection process that includes adequate advertising is in the best interests of encouraging applications from the best candidates while in no way creating a disincentive for women to apply. Failure to openly advertise for a position is immediately suspect as a departure from hiring based on merit and raises serious doubts that "goals" are any different than "quotas".

Discrimination Against Other Under-Represented Groups

SFU's new policy is also problematic in that it is discriminatory against other under- represented groups. By giving preference to women over men, at best, the new CRC policy appears to favour women over any other under-represented group of academics. At its worst, the new policy can be characterized as the displacement of the old boys network by the old girls network. This would be regrettable.

Ms. Roppel suggested that it would be impossible to discern other minorities other than women suggesting that only women could be identified by their names. This argument is unpersuasive. First, at least some other visible minorities can be reliably identified by similar means. Second, there are other legal ways to acquire this information, such as discreet inquiries. Indeed, standard enquiries usually reveal this information, in the rare cases when it is not readily apparent from the information contained in resumes and letters of reference. In conclusion, to reiterate, the BCCLA Board of Directors was unanimous in concluding that SFU's new CRC policy is a matter of deep concern. If no discrimination has taken place to date in the CRC program at SFU, as SFU officials have asserted, exceptional measures such as the new CRC policy lack any justification and claims that the merit principle will be respected appear to be disingenuous. Consequently, we urge SFU to reconsider and recraft its CRC policy to ensure that it conforms to the principle of merit hiring with openly advertised job postings and that the CRC policy does not de facto create a form of unjustified affirmative action. We look forward to hearing from you.

Yours sincerely,
John Russell, Vice-President

Announcement Regarding the Management of the Canada Research Chairs Program at SFU

Introduction:

At the half-way point of the utilization of SFU's allocation of Canada Research Chairs we find that we have one of the lowest appointment rates of female Canada Research Chairs in the country. As of the April 14, 2003 submission date, SFU had submitted 22 Canada Research Chair nominations; only one was for a female candidate. Our record in this regard is of considerable concern.

SFU's Policy Framework:

SFU's written policy framework is considered very progressive from an equity point of view. SFU's hiring policy, A10.01, article 1 states: "Departments shall employ appropriate strategies in order to encourage application by and consideration of individuals from designated groups which are under represented." This provision is taken very seriously at all levels of review and in particular by the Vice President, Academic's office, the University Appointments Committee, and the Academic Operations Committee. Evidence must be demonstrated in advertising and recruitment strategies of reaching out to equity designated groups, and in the documentation reporting the consideration of candidates. A rationale must be provided for not short-listing each female applicant if the final short list has no representation from this group. Similar documentation is required if other equity designated group membership can be determined from the applications. The Search Committee itself has both genders represented.

Additionally, the Associate Vice President, Policy, Equity and Legal (AVP,PEL) has worked proactively with Department Chairs and search committees to advise and inform units on how to conduct a recruitment process that will enhance the likelihood of applications from equity designated groups and will ensure a fair consideration process. The AVP, PEL and the Director, Academic Relations have developed a best-practices hiring guide that is aimed at increasing the effectiveness of successful recruitment in this area.

Other aspects of SFU's policy environment should facilitate the successful recruitment of female candidates. SFU's day care facilities have one of the best reputations in Canada. Our parental leave policy is held as one of the most progressive in the nation. Contract renewal and tenure consideration timeframes may be extended by one year in consideration of parental leave upon the request of the faculty member. Our tuition waiver policy provides additional support to faculty as their families mature.

Efforts Taken to Date:

Concern has been mounting about our progress in nominating females to Canada Research Chairs positions. The President and Vice Presidents have been working to support and encourage units to expand their recruiting efforts. Over the past year, the Vice President, Academic and Faculty Deans have sought ways to increase the proportion of females being nominated for prestigious Canada Research Chairs. Two centrally held Chairs were allocated to the Faculties on the basis of a series of criteria, one of which was the likelihood of the proposal to attract female candidates. Despite these efforts we find evidence in the appointment documentation that there are few female applicants, or that in the few targeted searches, females are not generally identified as among the top two to three candidates. The picture is further exacerbated by recent efforts in two areas - Kinesiology and Molecular Biology and Biochemistry - which engaged in extensive encouragement and targeting of two female candidates only to finally be unsuccessful in the recruitment process. In both cases the nominees had numerous other offers and ultimately decided on other institutions.

The University has also sought to increase the visibility of the Canada Research Chairs program in an effort not only to showcase the extraordinary faculty who hold Canada Research Chairs at SFU but also to emphasize the opportunities for Canada Research Chairs at the university in the next few years. Media and Public Relations profiles each CRC recipient in SF News. The President's lecture series has featured Chair-holders over the past year. A website over-viewing the program at SFU, our nominees, and opportunities has been developed. The Faculty Openings website, which receives a steady and large number of inquiries each day, clearly identifies CRC position opportunities.

A New Goal:

Nevertheless, despite the activities undertaken to date, SFU still has a considerable way to go to claim full success in the Canada Research Chairs program. In consideration of our record in attracting and successfully recruiting female nominees for Canada Research Chair positions, the University has determined that, at the half-way point, there is still an opportunity to reverse our negative record. Such a reversal requires that aggressive and proactive measures be taken.

The University has established for itself the goal of achieving the national average of gender participation by granting source by the conclusion of the Canada Research Chairs program. Currently SFU has been allocated 44 Canada Research Chairs: 15 SSHRC, 4 CIHR, 24 NSERC, and 1 Special Allocation. The following table identifies the national average and the number of Chairs that result from the stipulated goal.

Granting Council***	SFU's Allocation	% Female - National Average	Goal*
NSERC	24	11%	3
SSHRC	15	28%	4
CIHR	4	18%	2**

* The figures are based on the overall award of 44 chairs. The university has, however, been provided under the CRC Secretariat flexibility corridor to reposition up to a maximum of 7 chairs. These chairs may be moved from granting council or Tier I Chairs may be split into two Tier II chairs. Any activities in this regard will have an impact on the goals identified here.

**Applying the national female participation rate for the CIHR area would result in a goal of 1 chair. It is our view, however, that the health related research areas at SFU are in disciplines where there is greater representation by women academics and therefore believe that a goal of 2 chairs is appropriate.

***In addition to the 43 chairs identified, one Tier I Special Allocation Chair was transferred from TechBC. This Chair has not at this time been specifically designated as an equity focused Chair.

Within the framework of the allocations to the Faculties at SFU, the above goals translate into the following expectations for each Faculty.

Faculty	Category	Chairs
Applied Sciences	NSERC	1
	SSHRC
Arts	SSHRC	3
Business administration	No chairs remaining	-
Education	No chairs remaining	-
Science	NSERC	2
IHRE	CIHR	2

To facilitate our goal, the University will allow non-advertised searches (in accordance with A10.01, article 4) for all Canada Research Chair positions where the Dean and the Department are able to develop a pre-advertisement list of strong potential female candidates. In these instances, the Department will be permitted to engage in a targeted search process without advertising. To ensure that appropriate resources are available to Departments to actively target female candidates, the Vice President, Academic will provide additional resources to the unit for the recruitment process, as required. -- _____________________________________________________________________________

Jan Sanderson, Administrative Ass't
Vice-President, Academic
SIMON FRASER UNIVERSITY
Burnaby, BC V5A 1S6
Phone/Fax: (604) 291-4639/291-5876

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