Election of Internal Members to the Board of Governors

This policy governs the conduct of the election of internal members to the Board of Governors.

Seneca is committed to the values of equity, diversity and inclusivity in all aspects of its operations and activities. This commitment and policy apply to all members of the Board of Governors, the students and employees of Seneca.

A member of the constituent group (student or employee - academic, administrative or support staff) who is approved by the Returning Officer to stand for election as an internal member on the Board of Governors.

A member of the constituent group (student or employee - academic, administrative or support staff) who declares an interest in being a candidate to run for election as an internal member on the Board of Governors.

A member of the constituent group (student or employee - academic, administrative or support staff) who is permitted to cast one ballot in the internal member election based on their main affiliation at Seneca.

The Board Secretariat is responsible for administering the election of internal members to the Board.

1. General
   The four constituent voter groups are:
   • students enrolled in a program of study
   • academic staff
   • administrative staff
   • support staff.
   1. An eligible voter is permitted to cast one ballot in the election and is limited to voting in a specific constituent group established through the voter’s main affiliation at Seneca.
2. Student Constituent Group
   An individual is eligible to vote for a student candidate if they are enrolled as a full-time or part-time student and are following a program of study where the student has an active enrolment record at the close of nominations of candidates.
3. Academic/Administrative/Support Staff Constituent Groups
   An individual is eligible to vote for candidates in one of the employee constituent groups if the employee is a member (full-time/part-time/sessional/partial load) of such a group – academic, administrative or support staff – at the close of nominations of candidates.
4. Term of Office
   1. The student governor is eligible to serve a term of up to two years. They may serve one additional two-year term if re-elected provided they continue to be eligible to be a candidate under Section 7.
   2. The academic, administrative and support staff governors are eligible to serve a term of three years. They may serve one additional three-year term if re-elected provided they continue to be eligible to be candidates under Section 7.
5. Mid-Term Vacancies
   The Corporate Secretary will assess the circumstances surrounding vacancies and provide the board with a plan of action.

1. A notice of election for each constituent group will be communicated electronically.

1. The Corporate Secretary shall appoint the Returning Officer.

1. The Returning Officer has the authority to:
   1. establish procedures for the election(s)
   2. ensure the integrity of the election(s)
   3. receive the nominations from the constituent populations
   4. assess and verify eligibility of nominees, including, at their sole discretion, determination of any conflict of interest that exists or may exist should the nominee become a candidate
   5. inform nominees of their eligibility as candidates
   6. conduct orientation sessions for candidates
   7. obtain the signed election agreements from candidates
   8. monitor the campaign of the candidates
   9. answer questions related to the election of internal members to the Board of Governors
   10. disqualify a candidate(s)
   11. declare the election invalid
   12. extend, rerun or call for a new election.
2. Where appropriate, the Returning Officer may seek guidance from the Corporate Secretary.

1. The Returning Officer shall communicate to the Seneca community the date(s), method and time(s) the general election will be held.

1. Nominations for candidacy for each of the elected board positions must be submitted to the Returning Officer on the prescribed nomination form.
2. Nominees must indicate their willingness to stand and attest to their acknowledgement of the requirements to run as a candidate.
3. Nominees must be supported by 10 nominators from their respective constituent group.
4. A member of a constituent group may nominate more than one nominee of the constituent group.

1. A nominee is deemed qualified to run as a candidate in the election by the Returning Officer.
   
   1. For the student constituent group, the candidate must:
      • be a full-time student maintaining a cumulative grade point average of 3.0 or be a student enrolled in part-time studies who has completed more than five subjects and maintains a grade point average of 3.0 at the end of the previous term, and
      • be a student in good standing, and
      • not be serving in, or running for, any Seneca Student Federation (SSF) position, and
      • be a student for the duration of the term that they would serve on the board.
   2. For the academic/administrative/support staff constituent group, the candidate must:
      • be an employee working at Seneca in a full-time/part-time/sessional/partial load position, and
      • be an employee of their consistent group for the duration of the term that they would serve on the board.
2. The following individuals are disqualified from being a candidate:
   
   • an individual who is less than 18 years of age, or
   • an individual who has the status of a bankrupt.
3. Qualified candidates are eligible to run in only one of the constituent groups described in Ontario Regulation 34/03. The candidate’s group is determined through their main affiliation with Seneca.
4. Where only one candidate has been officially nominated within the time fixed for that purpose, the Returning Officer may declare that candidate elected by acclamation.
5. Once elected, a change in status as a constituent of the category in which they were elected may be cause for governors to be disqualified from continuing on the board.

1. All qualified candidates must take part in an orientation with the Returning Officer to receive, review and agree in writing to abide by the policies, procedures and guidelines of the Election of Internal Members to the Board of Governors. In the event that any candidate cannot take part in the scheduled orientation session, it will be the responsibility of that candidate to reschedule a date with the Returning Officer.
2. Candidates must adhere to the Campaign Guidelines, which will be distributed by the Returning Officer.

1. If the Returning Officer, at their sole discretion, finds a candidate to be in violation of the policies, procedures or guidelines of the Election of Internal Members to the Board of Governors, they shall take such action as deemed reasonably necessary up to and including disqualifying the candidate.
2. If a candidate is alleged to be in violation of this policy, its procedures or guidelines:
   1. The complainant must notify the Returning Officer of the violation, in writing, within two (2) business days, and not later than the close of voting. All necessary and available evidence must be included;
   2. The Returning Officer will investigate and, if a violation is confirmed, they will provide the candidate with written notice of their decision. 

1. Voting will take place using the Electronic Voting System which will open at a designated time(s) and date(s) as set by the Returning Officer.
2. Electors will have the opportunity to vote through the Electronic Voting System from the time the vote begins until it ends.
3. The Electronic Voting System requires voters to log in and be authenticated as an entitled voter for election purposes.
4. Voters may access the Electronic Voting System either at a Seneca campus or at another location (e.g., personal computer at home).
5. Should a voter not complete the voting transaction process by the stated end of the voting period, the electronic ballot will not be included in the final vote tabulation.
   

1. Where an elector is unable to vote electronically due to medical or physical limitations, the elector may apply in writing, or by a means as deemed appropriate to their limitation, to the Returning Officer, to seek assistance casting their vote using the Electronic Voting System.

1. In the event that the Electronic Voting System is inaccessible, the ITS department shall notify the Returning Officer and provide details regarding the delay and the estimated time when the system will be restored.
2. If the Returning Officer is made aware by other means that the Electronic Voting System is inaccessible, they will notify ITS.
3. In appropriate circumstances, a message advising the constituents of the unforeseen delay and estimated time when the system will be restored will be posted.  
4. In the event that the Electronic Voting System is rendered inaccessible by a system failure or through a failure of the access portal, the Returning Officer, in consultation with ITS, will determine if the voting period must be rerun, extended or continue without interruption.
5. When possible, the period for conducting the rerun or extension should be no longer than five (5) business days after the system is restored. Such rescheduling of the vote will be communicated to the Seneca community.
6. The Returning Officer may extend the voting period should the system be inaccessible during a significant portion of the voting period.
7. ITS will be consulted in determining if the voter’s list has been compromised by a system failure.
8. Should the list be determined to have been compromised, the Returning Officer will rerun the voting period as described in 12.4 and 12.5.
9. Should the voter’s list not be compromised, the Returning Officer will allow voting to continue.
10. The Returning Officer reserves the right to re-start or call for a new election where there is concern for the reliability of the Electronic Voting System or the system is in a state of prolonged failure.
    

1. The Returning Officer will oversee the process of the electronic voting.
2. Candidates and/or their designated representative will be informed of the total number of ballots cast per elector register at a time arranged after the close of voting. Should an appeal be in progress, results will be announced at the resolution of the appeal.
3. In the event of a tie between two candidates, the Returning Officer shall select the successful candidate by the flipping of a coin.
4. The Returning Officer shall provide the names of the candidates elected/acclaimed and a report of the official tabulation of the results to the Corporate Secretary.
5. The Corporate Secretary shall notify the Chair of the Board of Governors and the College Employer Council (“The Council”).
   
6. The board shall ratify the election results. Should an appeal be in progress, ratification will happen upon the resolution of the appeal.

1. Before an election is held, the Board of Governors shall appoint an Election Appeal Board consisting of five (5) current external board members. One of these members shall be selected to chair the proceedings.
2. The Election Appeal Board shall hear and resolve any appeal by a candidate (appellant) against a decision of the Returning Officer (respondent).
3. Failure to meet the eligibility criteria as outlined in Section 7 is not appealable.
4. Any appeal to the Election Appeal Board must be filed using a Notice of Appeal form with the Board Secretariat within three (3) business days of the decision of the Returning Officer. The appeal must be in writing and contain reasons why the Returning Officer’s decision should be reviewed.
5. Parties shall be entitled to full disclosure of all information to be relied upon at the Election Appeal Board hearing.
6. The Election Appeal Board shall hear any appeal within five (5) business days of its having been filed.
7. The Corporate Secretary shall notify the appellant, Returning Officer and any other person with information or knowledge relevant to the appeal of the date, time and place of the hearing. The notice of hearing shall include a statement that if any party does not attend, the hearing may proceed in their absence and they will not be entitled to any further notice of the proceedings.
8. The appellant shall be invited to attend the Election Appeal Board hearing and to address the contents of their letter of appeal and present any other information they believe is relevant to the matter under appeal.
9. The Returning Officer and any other person with information or knowledge relevant to the appeal shall also be invited to attend the Election Appeal Board hearing and to present information about the matters at issue.
10. The Election Appeal Board, appellant and respondent may put questions to any person present at the hearing. The appellant and the respondent shall have the right to call and cross-examine witnesses.
11. All parties shall be entitled to be represented at the hearing by a person of their choice and at their own expense.
12. The Corporate Secretary shall communicate the written decision of the Election Appeal Board, with reasons, to the Chair of the Board of Governors. The decision shall be communicated to the parties within five (5) business days of the hearing.

13. The decision of the Election Appeal Board is final and binding on all the parties.

1. The Returning Officer shall arrange to have all pertinent election materials stored for a period of one month.
2. In the event of an appeal, pertinent election materials will be retained until final disposition of the appeal process. Thereafter, the stored materials may be securely destroyed.

• Ontario Colleges of Applied Arts and Technology Act 2002, Ontario Regulation 34/03, s. 4 (1) and s. 4 (7) 

• None

• None

Approval Date: December 2013

Last Revision: June 2022