The B.C. Supreme Court made its ruling this past Tuesday, Nov. 28, on the TRU Faculty Association (TRUFA) petition submitted last year. The petition claimed the university breached the TRU Act in their decision to stop enrolments for, and eventually discontinue, several programs in the Visual Arts department.
The court ruled that while TRU acted legally in shutting down the programs, it overstepped its bounds in its decision to suspend enrollment without formal Board consideration or resolution. Ultimately, however, the court ruled in favour of the TRU administration. In delivering her decision, Justice Maria Morellato stated that in the court’s legal opinion, “the [TRU] Board acted within its statutory powers, acted reasonably, and undertook a process that satisfied the requirements of procedural fairness.” None of the university’s decisions on the matter of the four axed Visual Arts programs, in essence, will be set aside.
In a message shared with the TRU community this week via internal channels, Airini confirmed the court’s decision while acknowledging the difficulty of the present situation.
“Like so many, I too have admired [TRU’s] Fine Arts programs and the creative works of students and noted the impact of declining enrolments,” Airini said. “I acknowledge that some colleagues at Thompson Rivers University have described actions regarding the closure of Fine Arts enrolments as experiences of hurt and frustration. I also acknowledge the extended engagement of the Department and Faculty Council, Senate, the Board, and TRUFA in this process and associated decisions.”
The shutdown of the Visual Arts programs has been under consideration since before 2023, according to former provost Gillian Balfour. These programs, which include the Bachelor of Fine Arts, the Bachelor of Arts with a minor in Visual Arts, the Visual Arts Diploma and the Visual Arts Studio Certificate, were concluded in April of 2023 to be of doubtful viability. This meant that the possibility of eliminating these programs was now under serious deliberation.
Per the court ruling, Balfour presented to the Faculty of Arts on April 20, 2023, that the “decade-long decline in both the enrollment and graduation rates in the Visual Arts Programs, the costs of delivering the Visual Arts Programs based on faculty members’ salaries, and the strategic plan for [the] Faculty of Arts,” were all contributing factors.
That same day, Richard McCutcheon, then-Dean of Arts, asked the Registrar (with permission from the Provost) to stop applications to the Visual Arts Programs. Though Balfour asserted that April was late in the application cycle for all intending fall-entry students, and all who applied to the program before that time were still enrolled in the Visual Arts programs, TRUFA claimed that it made this decision without first referring to the Board.
In response to this alleged imposition, as well as the subsequent discontinuation of the visual arts major, minor, diploma and certificate in January 2024, TRUFA petitioned a judicial review of the university’s decision on June 4, 2024, in hopes that they may be overruled.
The court concluded that, on the matter of the visual arts programs, there was no breach in any statutory requirements, and the decision was neither unfair nor unreasonable. Though the ruling agreed with TRUFA’s assertion that the premature ending of enrolment was overreach on the part of the institution, it was also of the opinion that any attempt to remit the decision would be pointless, as the enrolment period had passed and the Board ultimately decided to eliminate the programs.
“The Provost’s and the Dean’s authority to suspend enrollment in the Visual Arts Programs has now been rendered moot, and no useful purpose would be served in doing so,” the court decision reads.
The uncertainty around the Visual Arts programs has affected more than just the institution, creating anxiety and uncertainty amongst both staff and faculty. Although the decision may not have been exactly what every party wanted, the hope is that it will at least put some at ease.
“As President and Vice-Chancellor, I am sorry for any hurt experienced or frustration caused by this case,” Airini said. “Thank you to those who, over the years, have developed university policies in accordance with the [TRU] Act, and who uphold the importance of following legislation and policy. Our Act and policies provide principles, processes, and precedent for respectful decision-making.”
As TRU recently stated, it will continue to review programs with low enrolment for possible closure as a part of its cost-cutting measures. This current court ruling may prove useful as a guide on navigating these delicate situations moving forward.