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From robinson at uleth.ca Fri Nov 14 09:45:38 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Fri Nov 14 09:45:45 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Regarding Ian McKenna's letter in the Herald today, I agree that it is

shameful that the injured student is treated as an employee. As much

as we might dislike the language of "client" or "customer" that the

administration has tried to sell us in regard to our students, it is

interesting to see how quickly administration is prepared to use other

language when it is convenient to do so. Can they have it both ways?

And why is there not a large-scale student protest throughout Alberta--

supported by real employees of the our public institutions. Further,

if students have been judged by the courts as employees of the

university, can they not now sue for back wages. A graduating student

would have approximately 5000 hours over a 4-year career. At $10 an

hour, a cheque for $50,000 as they shake hands with Bill would make

the pain of student loans go away.



Does the same hold for patients in an Alberta hospital? Or a taxpayer

visiting City Hall? Perhaps we should extend it to Walmart--a customer

in Walmart becomes an employee by merely entering the building.



Is it possible to check somewhere to determine what kind of insurance

the University has for its administrators?



Tom





On 14-Nov-08, at 8:29 AM, Linville, James wrote:



>

> Ian McKenna has a letter in the Herald today that is of interest to

> the university community. This perhaps is better suited to CAFR, and

> if someone wants to cross post it, be my guest, but since John Vokey

> has THROWN ME OUT OF THIS CLUB, I thought I would openly defy him.

> Ha ha!

>

> Injured student deserves better

> Written by Ian B. McKenna

> Thursday, 13 November 2008

> Lawrence Dzuren is right to criticize the University of Lethbridge

> for its failure to protect students from serious harm, aided and

> abetted of course by the Government of Alberta and the Workers?

> Compensation Board. Interestingly, but not surprisingly, Alberta is

> the only province in Canada that defines university, college and

> even some high-school students as employees of the Government of

> Alberta for purposes of the Workers? Compensation Act.

> So beware, parents. If your 10-year-old daughter is injured by

> faulty equipment in a community education class at the U of L or

> Lethbridge College, she will have no legal right to compensation for

> her injuries no matter how serious and, not having a job, will of

> course receive no workers? compensation. Crazy, eh?

> As for Ms. Larreynaga?s case, the university was aware before her

> ?accident? that the offending library lights were falling, but did

> nothing about it until after her ?accident.? I informed the

> Lethbridge police of this, as the Criminal Code of Canada prohibits

> causing bodily harm to another by the sort of gross negligence

> present in this case. I was informed by an officer (nine years ago)

> that no action would be taken against the university because they

> said they would replace the offending light fixtures. Think about

> it, readers, your teenage child is seriously assaulted while walking

> home from the movies but no action is taken against the assailant

> because he promises not to assault her in future.

> The treatment of Ms. Larreynaga by the University of Lethbridge has

> been scandalous. She was headed for graduate studies and a career in

> scientific research. It is beyond belief she or any other student in

> Alberta, or a three-year-old child in daycare, can simply be deemed

> by the Workers? Compensation Board to be an ?employee? and therefore

> incapable of suing for compensation for injuries caused by the

> negligence of those who are required by law to protect them. For 200

> years an employee has been defined in law as a person providing

> services to another. In Ms. Larreynaga?s case, it was the U of L

> that provided the services, including how to recover from head

> injuries from falling lights.

> I am embarrassed to be an employee of the University of Lethbridge.

> Isn?t anyone else?

> Ian B. McKenna

> Lethbridge

>

>

>

> ?Watching political platforms wishy-washy from election to election

> gives one little hope that extraterrestrials really are guiding

> Terran civilization.? (William Doty)

>

>

>

>

>

> _______________________________________________

> ldskeptics-l mailing list

> ldskeptics-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l



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From kent.peacock at uleth.ca Fri Nov 14 10:13:12 2008

From: kent.peacock at uleth.ca (Kent Peacock)

Date: Fri Nov 14 10:13:22 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Hi Everyone --



Could someone fill me in on the details of what happened to this

student? I was vaguely aware of it but I have never heard the whole

story. Sounds like everyone should hear it....





Kent









Tom Robinson wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

>

> -----------------------------------------------------------------------

-

>

> Regarding Ian McKenna's letter in the Herald today, I agree that it is

> shameful that the injured student is treated as an employee. As much

> as we might dislike the language of "client" or "customer" that the

> administration has tried to sell us in regard to our students, it is

> interesting to see how quickly administration is prepared to use other

> language when it is convenient to do so. Can they have it both ways?

> And why is there not a large-scale student protest throughout

> Alberta--supported by real employees of the our public institutions.

> Further, if students have been judged by the courts as employees of

> the university, can they not now sue for back wages. A graduating

> student would have approximately 5000 hours over a 4-year career. At

> $10 an hour, a cheque for $50,000 as they shake hands with Bill would

> make the pain of student loans go away.

>

> Does the same hold for patients in an Alberta hospital? Or a taxpayer

> visiting City Hall? Perhaps we should extend it to Walmart--a customer

> in Walmart becomes an employee by merely entering the building.

>

> Is it possible to check somewhere to determine what kind of insurance

> the University has for its administrators?

>

> Tom

>

>

> On 14-Nov-08, at 8:29 AM, Linville, James wrote:

>

>>

>> Ian McKenna has a letter in the Herald today that is of interest to

>> the university community. This perhaps is better suited to CAFR, and

>> if someone wants to cross post it, be my guest, but since John Vokey

>> has THROWN ME OUT OF THIS CLUB, I thought I would openly defy him. Ha

ha!

>>

>> Injured student deserves better

>> Written by Ian B. McKenna

>> Thursday, 13 November 2008

>> Lawrence Dzuren is right to criticize the University of Lethbridge

>> for its failure to protect students from serious harm, aided and

>> abetted of course by the Government of Alberta and the Workers?

>> Compensation Board. Interestingly, but not surprisingly, Alberta is

>> the only province in Canada that defines university, college and even

>> some high-school students as employees of the Government of Alberta

>> for purposes of the Workers? Compensation Act.

>> So beware, parents. If your 10-year-old daughter is injured by faulty

>> equipment in a community education class at the U of L or Lethbridge

>> College, she will have no legal right to compensation for her

>> injuries no matter how serious and, not having a job, will of course

>> receive no workers? compensation. Crazy, eh?

>> As for Ms. Larreynaga?s case, the university was aware before her

>> ?accident? that the offending library lights were falling, but did

>> nothing about it until after her ?accident.? I informed the

>> Lethbridge police of this, as the Criminal Code of Canada prohibits

>> causing bodily harm to another by the sort of gross negligence

>> present in this case. I was informed by an officer (nine years ago)

>> that no action would be taken against the university because they

>> said they would replace the offending light fixtures. Think about it,

>> readers, your teenage child is seriously assaulted while walking home

>> from the movies but no action is taken against the assailant because

>> he promises not to assault her in future.

>> The treatment of Ms. Larreynaga by the University of Lethbridge has

>> been scandalous. She was headed for graduate studies and a career in

>> scientific research. It is beyond belief she or any other student in

>> Alberta, or a three-year-old child in daycare, can simply be deemed

>> by the Workers? Compensation Board to be an ?employee? and therefore

>> incapable of suing for compensation for injuries caused by the

>> negligence of those who are required by law to protect them. For 200

>> years an employee has been defined in law as a person providing

>> services to another. In Ms. Larreynaga?s case, it was the U of L that

>> provided the services, including how to recover from head injuries

>> from falling lights.

>> I am embarrassed to be an employee of the University of Lethbridge.

>> Isn?t anyone else?

>> Ian B. McKenna

>> Lethbridge

>>

>>

>>

>> ?Watching political platforms wishy-washy from election to election

>> gives one little hope that extraterrestrials really are guiding

>> Terran civilization.? (William Doty)

>>

>>

>>

>>

>> _______________________________________________

>> ldskeptics-l mailing list

>> ldskeptics-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>

> -----------------------------------------------------------------------

-

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>



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From mckenna at uleth.ca Fri Nov 14 13:18:34 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Fri Nov 14 13:27:16 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Hi Kent and others.



In November 1999, Rebeca Larreynaga was reading a textbook in the

University Library (old building of course) when a metal light fixture

fell out if its socket, swung down and hit Rebeca at great speed and

with great force. She sustained injuries to her head, neck and back.

Because the Alberta Government are allowed by law to permit the WCB to

deem any class of persons to be employees of the Government of Alberta.

Students (college, university and some secondary school) have been

deemed by a regulation to be workers under the Workers' Compensation

Act, whether or not they actually meet the legal test of employment,

which is the provision of services to another person. While some

students do provide services to universities and are rightly entitled to

WCB coverage, students such as Rebeca did not provide services to the

University or the Government as she was employed by neither. This is

true of all students who merely attend classes and pay their tuition

fees.



Rebeca learned of this the day after she sustained the injures when

Edith Hepburn arrived at her bedside to obtain her signature of WCB

documents. I was involved in assisting Rebeca to challenge the WCB

decision that she was an injured worker and therefore not eligible to

sue the University for negligently causing her injuries.

The internal appeal was denied but several years later - I recall 2005 -

the Workers' Compensation Appeals Commission ruled unanimously that she

was not barred from suing the University (she had already filed such a

suit through a local lawyer) because neither the University nor the

Government was her employer.

The University appealed that decision to the Court of Queen's Bench and

the single judge in Calgary ruled that the Appeals Commission had erred

in law. That decision is publicly available which makes it no less

incoherent.

The judge ordered a review by the Appeals Commission and a new trio

adhered to the judge's decision.



It would be fair to say that the Students' Union has done absolutely

nothing to protect students against this sort of rip-off. There is

essentially no benefit for students and the ruse merely transfers the

risk of injury due to the University's negligence to the student.

(Interestingly in the UK it is a criminal offence to insert into a

contract a disclaimer of liability to the other party for injuries

caused by one's negligence).

Rebeca did seek assistance from the SU but the President at that time (I

don't remember her name) stated she could not help because she was a

member of the Board of Governors (whom Rebeca was suing) and therefore

would be in a conflict of interest, soluble only by her refusing to get

the SU involved. I gather from Rebeca, this was the result of

Ex-President Tennant's advice to the then SU President. Bill Cade

adopted the same stance.



Rebeca's lawyer ditched the case after the Queen's Bench decision,

afraid that this meant he would receive no payment of the contingency

fee. Rebeca was a talented student bound for grad studies at the time of

the injuries but no longer mentally able to do the work required for

what was ironically to be in neuroscience.



Having pitched (pro bono of course) Rebeca's case to both panels of the

Appeals Commission, I am naturally biased in the legal arguments. The

University is of course pressing her for legal costs, likely

unattainable as Rebeca will likely declare bankruptcy if the Appeals

Commission does not pick up the costs.

It is a fond hope that the University will ever compensate her or even

apologize for injuring her. In Tennant's era a management student (not

in my class!) fell asleep in a U Hall D630 classroom, sustaining a minor

injury. This was not referred to the WCB and instead the student

received an out of court settlement. If the University had the ability

to settle that case, I fail to see why it should not do so in this case.

I can say that Rebeca who lives locally remains traumatized by the

incident and the unfairness of the callous treatment she has received.

Were she allowed to take this to court, i.e. not be deemed an employee,

her case would almost certainly succeed because there is clear evidence

that the University knew of the falling lights problem - one witness was

hit by such a light but happily not badly injured. Other employees on

the QT speak of their knowledge of the light problems and the failure to

spend the money until after the injuries to Rebeca..



If you have any questions I'll try to answer them.



As everything stated here is true, I have no problem in this account

being passed on. I would bwelcome any information others may have on

this distressing matter.

Thanks



Ian









-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Kent Peacock

Sent: Friday, November 14, 2008 10:13 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



From siminovitch at uleth.ca Fri Nov 14 13:50:27 2008

From: siminovitch at uleth.ca (David Siminovitch)

Date: Fri Nov 14 13:47:47 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Ian McKenna wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

> Hi Kent and others.

>

> In November 1999, Rebeca Larreynaga was reading a textbook in the

> University Library (old building of course) when a metal light fixture

> fell out if its socket, swung down and hit Rebeca at great speed and

> with great force. She sustained injuries to her head, neck and back.

> Because the Alberta Government are allowed by law to permit the WCB to

> deem any class of persons to be employees of the Government of Alberta.

> Students (college, university and some secondary school) have been

> deemed by a regulation to be workers under the Workers' Compensation

> Act, whether or not they actually meet the legal test of employment,

> which is the provision of services to another person. While some

> students do provide services to universities and are rightly entitled

to

> WCB coverage, students such as Rebeca did not provide services to the

> University or the Government as she was employed by neither. This is

> true of all students who merely attend classes and pay their tuition

> fees.

>

> Rebeca learned of this the day after she sustained the injures when

> Edith Hepburn arrived at her bedside to obtain her signature of WCB

> documents. I was involved in assisting Rebeca to challenge the WCB

> decision that she was an injured worker and therefore not eligible to

> sue the University for negligently causing her injuries.

> The internal appeal was denied but several years later - I recall 2005

-

> the Workers' Compensation Appeals Commission ruled unanimously that she

> was not barred from suing the University (she had already filed such a

> suit through a local lawyer) because neither the University nor the

> Government was her employer.

> The University appealed that decision to the Court of Queen's Bench and

> the single judge in Calgary ruled that the Appeals Commission had erred

> in law. That decision is publicly available which makes it no less

> incoherent.

> The judge ordered a review by the Appeals Commission and a new trio

> adhered to the judge's decision.

>

> It would be fair to say that the Students' Union has done absolutely

> nothing to protect students against this sort of rip-off. There is

> essentially no benefit for students and the ruse merely transfers the

> risk of injury due to the University's negligence to the student.

> (Interestingly in the UK it is a criminal offence to insert into a

> contract a disclaimer of liability to the other party for injuries

> caused by one's negligence).

> Rebeca did seek assistance from the SU but the President at that time

(I

> don't remember her name) stated she could not help because she was a

> member of the Board of Governors (whom Rebeca was suing) and therefore

> would be in a conflict of interest, soluble only by her refusing to get

> the SU involved. I gather from Rebeca, this was the result of

> Ex-President Tennant's advice to the then SU President. Bill Cade

> adopted the same stance.

>

> Rebeca's lawyer ditched the case after the Queen's Bench decision,

> afraid that this meant he would receive no payment of the contingency

> fee. Rebeca was a talented student bound for grad studies at the time

of

> the injuries but no longer mentally able to do the work required for

> what was ironically to be in neuroscience.

>

> Having pitched (pro bono of course) Rebeca's case to both panels of the

> Appeals Commission, I am naturally biased in the legal arguments. The

> University is of course pressing her for legal costs, likely

> unattainable as Rebeca will likely declare bankruptcy if the Appeals

> Commission does not pick up the costs.

>

> It is a fond hope that the University will ever compensate her or even

> apologize for injuring her. In Tennant's era a management student (not

> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

minor

> injury. This was not referred to the WCB and instead the student

> received an out of court settlement. If the University had the ability

> to settle that case, I fail to see why it should not do so in this

case.

> I can say that Rebeca who lives locally remains traumatized by the

> incident and the unfairness of the callous treatment she has received.

> Were she allowed to take this to court, i.e. not be deemed an employee,

> her case would almost certainly succeed because there is clear evidence

> that the University knew of the falling lights problem - one witness

was

> hit by such a light but happily not badly injured. Other employees on

> the QT speak of their knowledge of the light problems and the failure

to

> spend the money until after the injuries to Rebeca..

>

> If you have any questions I'll try to answer them.

>

> As everything stated here is true, I have no problem in this account

> being passed on. I would bwelcome any information others may have on

> this distressing matter.

> Thanks

>

> Ian

>

>

>

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

> Of Kent Peacock

> Sent: Friday, November 14, 2008 10:13 AM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: Re: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

Thank you Ian for this account.



Since students are deemed to be employees, they logically should be

represented on the Joint Health and Safety Committee. Undergraduate

students currently are not, and never have been. As the current ULFA

Alternate Rep on this Committee, I will raise this matter at our monthly

meeting next week.



David



From robinson at uleth.ca Fri Nov 14 14:03:04 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Fri Nov 14 14:03:12 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



It has been suggested to me that I write a letter to the editor (or

that someone with more tact write a letter) and a number of us sign it.

Here is my attempt. Remember, we want tact. Or could we have two

versions, one which the tactless could sign?

Tom



Are students employees of the University?



Professor Ian McKenna, in his recent letter to the editor, expressed

his embarrassment that a student injured at the University of

Lethbridge was judged to be an employee of the University and thus

prohibited from bringing a lawsuit against the University. Professor

McKenna asks whether others are embarrassed too. We are.



If students are considered employees of the University, it must be the

strangest employee status in the history of the world. Not only do

students not get paid by the University, the University demands the

reverse?that students pay the University?a concept foreign even in

slave societies. If students are really employees of the University,

perhaps they should sue the University for unpaid wages. At about 5000

hours for a four-year degree, even at a McDonald's wage, that would be

about $50,000. This could offset the huge student loan debt that

students routinely accumulate, and it would make for a well attended

convocation ceremony, as graduating students receive both a diploma

and a cheque as they walk across the stage.







On 14-Nov-08, at 1:18 PM, Ian McKenna wrote:



> Hi Kent and others.

>

> In November 1999, Rebeca Larreynaga was reading a textbook in the

> University Library (old building of course) when a metal light fixture

> fell out if its socket, swung down and hit Rebeca at great speed and

> with great force. She sustained injuries to her head, neck and back.

> Because the Alberta Government are allowed by law to permit the WCB to

> deem any class of persons to be employees of the Government of

> Alberta.

> Students (college, university and some secondary school) have been

> deemed by a regulation to be workers under the Workers' Compensation

> Act, whether or not they actually meet the legal test of employment,

> which is the provision of services to another person. While some

> students do provide services to universities and are rightly

> entitled to

> WCB coverage, students such as Rebeca did not provide services to the

> University or the Government as she was employed by neither. This is

> true of all students who merely attend classes and pay their tuition

> fees.

>

> Rebeca learned of this the day after she sustained the injures when

> Edith Hepburn arrived at her bedside to obtain her signature of WCB

> documents. I was involved in assisting Rebeca to challenge the WCB

> decision that she was an injured worker and therefore not eligible to

> sue the University for negligently causing her injuries.

> The internal appeal was denied but several years later - I recall

> 2005 -

> the Workers' Compensation Appeals Commission ruled unanimously that

> she

> was not barred from suing the University (she had already filed such a

> suit through a local lawyer) because neither the University nor the

> Government was her employer.

> The University appealed that decision to the Court of Queen's Bench

> and

> the single judge in Calgary ruled that the Appeals Commission had

> erred

> in law. That decision is publicly available which makes it no less

> incoherent.

> The judge ordered a review by the Appeals Commission and a new trio

> adhered to the judge's decision.

>

> It would be fair to say that the Students' Union has done absolutely

> nothing to protect students against this sort of rip-off. There is

> essentially no benefit for students and the ruse merely transfers the

> risk of injury due to the University's negligence to the student.

> (Interestingly in the UK it is a criminal offence to insert into a

> contract a disclaimer of liability to the other party for injuries

> caused by one's negligence).

> Rebeca did seek assistance from the SU but the President at that

> time (I

> don't remember her name) stated she could not help because she was a

> member of the Board of Governors (whom Rebeca was suing) and therefore

> would be in a conflict of interest, soluble only by her refusing to

> get

> the SU involved. I gather from Rebeca, this was the result of

> Ex-President Tennant's advice to the then SU President. Bill Cade

> adopted the same stance.

>

> Rebeca's lawyer ditched the case after the Queen's Bench decision,

> afraid that this meant he would receive no payment of the contingency

> fee. Rebeca was a talented student bound for grad studies at the

> time of

> the injuries but no longer mentally able to do the work required for

> what was ironically to be in neuroscience.

>

> Having pitched (pro bono of course) Rebeca's case to both panels of

> the

> Appeals Commission, I am naturally biased in the legal arguments. The

> University is of course pressing her for legal costs, likely

> unattainable as Rebeca will likely declare bankruptcy if the Appeals

> Commission does not pick up the costs.

>

> It is a fond hope that the University will ever compensate her or even

> apologize for injuring her. In Tennant's era a management student (not

> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

> minor

> injury. This was not referred to the WCB and instead the student

> received an out of court settlement. If the University had the ability

> to settle that case, I fail to see why it should not do so in this

> case.

> I can say that Rebeca who lives locally remains traumatized by the

> incident and the unfairness of the callous treatment she has received.

> Were she allowed to take this to court, i.e. not be deemed an

> employee,

> her case would almost certainly succeed because there is clear

> evidence

> that the University knew of the falling lights problem - one witness

> was

> hit by such a light but happily not badly injured. Other employees on

> the QT speak of their knowledge of the light problems and the

> failure to

> spend the money until after the injuries to Rebeca..

>

> If you have any questions I'll try to answer them.

>

> As everything stated here is true, I have no problem in this account

> being passed on. I would bwelcome any information others may have on

> this distressing matter.

> Thanks

>

> Ian

>

>

>

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

> Behalf

> Of Kent Peacock

> Sent: Friday, November 14, 2008 10:13 AM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: Re: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> ldskeptics-l mailing list

> ldskeptics-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l



-------------- next part --------------

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URL: http://listserv.uleth.ca/pipermail/cafr-

l/attachments/20081114/40295161/attachment-0001.html

From vokey at uleth.ca Fri Nov 14 14:04:41 2008

From: vokey at uleth.ca (John Vokey)

Date: Fri Nov 14 14:05:24 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



Works for me; I'll sign.



On 14-Nov-08, at 2:03 PM, Tom Robinson wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> It has been suggested to me that I write a letter to the editor (or

> that someone with more tact write a letter) and a number of us sign

> it.

> Here is my attempt. Remember, we want tact. Or could we have two

> versions, one which the tactless could sign?

> Tom

>

> Are students employees of the University?

>

> Professor Ian McKenna, in his recent letter to the editor, expressed

> his embarrassment that a student injured at the University of

> Lethbridge was judged to be an employee of the University and thus

> prohibited from bringing a lawsuit against the University. Professor

> McKenna asks whether others are embarrassed too. We are.

>

> If students are considered employees of the University, it must be

> the strangest employee status in the history of the world. Not only

> do students not get paid by the University, the University demands

> the reverse?that students pay the University?a concept foreign even

> in slave societies. If students are really employees of the

> University, perhaps they should sue the University for unpaid wages.

> At about 5000 hours for a four-year degree, even at a McDonald's

> wage, that would be about $50,000. This could offset the huge

> student loan debt that students routinely accumulate, and it would

> make for a well attended convocation ceremony, as graduating

> students receive both a diploma and a cheque as they walk across the

> stage.

>

>

>

> On 14-Nov-08, at 1:18 PM, Ian McKenna wrote:

>

>> Hi Kent and others.

>>

>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>> University Library (old building of course) when a metal light

>> fixture

>> fell out if its socket, swung down and hit Rebeca at great speed and

>> with great force. She sustained injuries to her head, neck and back.

>> Because the Alberta Government are allowed by law to permit the WCB

>> to

>> deem any class of persons to be employees of the Government of

>> Alberta.

>> Students (college, university and some secondary school) have been

>> deemed by a regulation to be workers under the Workers' Compensation

>> Act, whether or not they actually meet the legal test of employment,

>> which is the provision of services to another person. While some

>> students do provide services to universities and are rightly

>> entitled to

>> WCB coverage, students such as Rebeca did not provide services to the

>> University or the Government as she was employed by neither. This is

>> true of all students who merely attend classes and pay their tuition

>> fees.

>>

>> Rebeca learned of this the day after she sustained the injures when

>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>> documents. I was involved in assisting Rebeca to challenge the WCB

>> decision that she was an injured worker and therefore not eligible to

>> sue the University for negligently causing her injuries.

>> The internal appeal was denied but several years later - I recall

>> 2005 -

>> the Workers' Compensation Appeals Commission ruled unanimously that

>> she

>> was not barred from suing the University (she had already filed

>> such a

>> suit through a local lawyer) because neither the University nor the

>> Government was her employer.

>> The University appealed that decision to the Court of Queen's Bench

>> and

>> the single judge in Calgary ruled that the Appeals Commission had

>> erred

>> in law. That decision is publicly available which makes it no less

>> incoherent.

>> The judge ordered a review by the Appeals Commission and a new trio

>> adhered to the judge's decision.

>>

>> It would be fair to say that the Students' Union has done absolutely

>> nothing to protect students against this sort of rip-off. There is

>> essentially no benefit for students and the ruse merely transfers the

>> risk of injury due to the University's negligence to the student.

>> (Interestingly in the UK it is a criminal offence to insert into a

>> contract a disclaimer of liability to the other party for injuries

>> caused by one's negligence).

>> Rebeca did seek assistance from the SU but the President at that

>> time (I

>> don't remember her name) stated she could not help because she was a

>> member of the Board of Governors (whom Rebeca was suing) and

>> therefore

>> would be in a conflict of interest, soluble only by her refusing to

>> get

>> the SU involved. I gather from Rebeca, this was the result of

>> Ex-President Tennant's advice to the then SU President. Bill Cade

>> adopted the same stance.

>>

>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>> afraid that this meant he would receive no payment of the contingency

>> fee. Rebeca was a talented student bound for grad studies at the

>> time of

>> the injuries but no longer mentally able to do the work required for

>> what was ironically to be in neuroscience.

>>

>> Having pitched (pro bono of course) Rebeca's case to both panels of

>> the

>> Appeals Commission, I am naturally biased in the legal arguments. The

>> University is of course pressing her for legal costs, likely

>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>> Commission does not pick up the costs.

>>

>> It is a fond hope that the University will ever compensate her or

>> even

>> apologize for injuring her. In Tennant's era a management student

>> (not

>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>> minor

>> injury. This was not referred to the WCB and instead the student

>> received an out of court settlement. If the University had the

>> ability

>> to settle that case, I fail to see why it should not do so in this

>> case.

>> I can say that Rebeca who lives locally remains traumatized by the

>> incident and the unfairness of the callous treatment she has

>> received.

>> Were she allowed to take this to court, i.e. not be deemed an

>> employee,

>> her case would almost certainly succeed because there is clear

>> evidence

>> that the University knew of the falling lights problem - one

>> witness was

>> hit by such a light but happily not badly injured. Other employees on

>> the QT speak of their knowledge of the light problems and the

>> failure to

>> spend the money until after the injuries to Rebeca..

>>

>> If you have any questions I'll try to answer them.

>>

>> As everything stated here is true, I have no problem in this account

>> being passed on. I would bwelcome any information others may have on

>> this distressing matter.

>> Thanks

>>

>> Ian

>>

>>

>>

>>

>> -----Original Message-----

>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>> Behalf

>> Of Kent Peacock

>> Sent: Friday, November 14, 2008 10:13 AM

>> To: cafr-l, MailList

>> Cc: ldskeptics-l, MailList

>> Subject: Re: [CAFR-L] U of L's falling lights.

>>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>>

>> _______________________________________________

>> ldskeptics-l mailing list

>> ldskeptics-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



--

Everything of value that people get from religion can be had more

honestly, without presuming anything on insufficient evidence. The

rest is self-deception, set to music. - Sam Harris



Dr John R. Vokey

vokey@uleth.ca









From vokey at uleth.ca Fri Nov 14 14:10:06 2008

From: vokey at uleth.ca (John Vokey)

Date: Fri Nov 14 14:10:51 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:











Message-ID:



I think we should also write a letter to the President and the Board

requesting that the university explicitly divorce itself from this

interpretation of the WCB, and/or it work out a fair compensation

package for the student in question.



On 14-Nov-08, at 2:04 PM, John Vokey wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Works for me; I'll sign.

>

> On 14-Nov-08, at 2:03 PM, Tom Robinson wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> It has been suggested to me that I write a letter to the editor (or

>> that someone with more tact write a letter) and a number of us sign

>> it.

>> Here is my attempt. Remember, we want tact. Or could we have two

>> versions, one which the tactless could sign?

>> Tom

>>

>> Are students employees of the University?

>>

>> Professor Ian McKenna, in his recent letter to the editor,

>> expressed his embarrassment that a student injured at the

>> University of Lethbridge was judged to be an employee of the

>> University and thus prohibited from bringing a lawsuit against the

>> University. Professor McKenna asks whether others are embarrassed

>> too. We are.

>>

>> If students are considered employees of the University, it must be

>> the strangest employee status in the history of the world. Not only

>> do students not get paid by the University, the University demands

>> the reverse?that students pay the University?a concept foreign even

>> in slave societies. If students are really employees of the

>> University, perhaps they should sue the University for unpaid

>> wages. At about 5000 hours for a four-year degree, even at a

>> McDonald's wage, that would be about $50,000. This could offset the

>> huge student loan debt that students routinely accumulate, and it

>> would make for a well attended convocation ceremony, as graduating

>> students receive both a diploma and a cheque as they walk across

>> the stage.

>>

>>

>>

>> On 14-Nov-08, at 1:18 PM, Ian McKenna wrote:

>>

>>> Hi Kent and others.

>>>

>>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>>> University Library (old building of course) when a metal light

>>> fixture

>>> fell out if its socket, swung down and hit Rebeca at great speed and

>>> with great force. She sustained injuries to her head, neck and back.

>>> Because the Alberta Government are allowed by law to permit the

>>> WCB to

>>> deem any class of persons to be employees of the Government of

>>> Alberta.

>>> Students (college, university and some secondary school) have been

>>> deemed by a regulation to be workers under the Workers' Compensation

>>> Act, whether or not they actually meet the legal test of employment,

>>> which is the provision of services to another person. While some

>>> students do provide services to universities and are rightly

>>> entitled to

>>> WCB coverage, students such as Rebeca did not provide services to

>>> the

>>> University or the Government as she was employed by neither. This is

>>> true of all students who merely attend classes and pay their tuition

>>> fees.

>>>

>>> Rebeca learned of this the day after she sustained the injures when

>>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>>> documents. I was involved in assisting Rebeca to challenge the WCB

>>> decision that she was an injured worker and therefore not eligible

>>> to

>>> sue the University for negligently causing her injuries.

>>> The internal appeal was denied but several years later - I recall

>>> 2005 -

>>> the Workers' Compensation Appeals Commission ruled unanimously

>>> that she

>>> was not barred from suing the University (she had already filed

>>> such a

>>> suit through a local lawyer) because neither the University nor the

>>> Government was her employer.

>>> The University appealed that decision to the Court of Queen's

>>> Bench and

>>> the single judge in Calgary ruled that the Appeals Commission had

>>> erred

>>> in law. That decision is publicly available which makes it no less

>>> incoherent.

>>> The judge ordered a review by the Appeals Commission and a new trio

>>> adhered to the judge's decision.

>>>

>>> It would be fair to say that the Students' Union has done absolutely

>>> nothing to protect students against this sort of rip-off. There is

>>> essentially no benefit for students and the ruse merely transfers

>>> the

>>> risk of injury due to the University's negligence to the student.

>>> (Interestingly in the UK it is a criminal offence to insert into a

>>> contract a disclaimer of liability to the other party for injuries

>>> caused by one's negligence).

>>> Rebeca did seek assistance from the SU but the President at that

>>> time (I

>>> don't remember her name) stated she could not help because she was a

>>> member of the Board of Governors (whom Rebeca was suing) and

>>> therefore

>>> would be in a conflict of interest, soluble only by her refusing

>>> to get

>>> the SU involved. I gather from Rebeca, this was the result of

>>> Ex-President Tennant's advice to the then SU President. Bill Cade

>>> adopted the same stance.

>>>

>>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>>> afraid that this meant he would receive no payment of the

>>> contingency

>>> fee. Rebeca was a talented student bound for grad studies at the

>>> time of

>>> the injuries but no longer mentally able to do the work required for

>>> what was ironically to be in neuroscience.

>>>

>>> Having pitched (pro bono of course) Rebeca's case to both panels

>>> of the

>>> Appeals Commission, I am naturally biased in the legal arguments.

>>> The

>>> University is of course pressing her for legal costs, likely

>>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>>> Commission does not pick up the costs.

>>>

>>> It is a fond hope that the University will ever compensate her or

>>> even

>>> apologize for injuring her. In Tennant's era a management student

>>> (not

>>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>>> minor

>>> injury. This was not referred to the WCB and instead the student

>>> received an out of court settlement. If the University had the

>>> ability

>>> to settle that case, I fail to see why it should not do so in this

>>> case.

>>> I can say that Rebeca who lives locally remains traumatized by the

>>> incident and the unfairness of the callous treatment she has

>>> received.

>>> Were she allowed to take this to court, i.e. not be deemed an

>>> employee,

>>> her case would almost certainly succeed because there is clear

>>> evidence

>>> that the University knew of the falling lights problem - one

>>> witness was

>>> hit by such a light but happily not badly injured. Other employees

>>> on

>>> the QT speak of their knowledge of the light problems and the

>>> failure to

>>> spend the money until after the injuries to Rebeca..

>>>

>>> If you have any questions I'll try to answer them.

>>>

>>> As everything stated here is true, I have no problem in this account

>>> being passed on. I would bwelcome any information others may have on

>>> this distressing matter.

>>> Thanks

>>>

>>> Ian

>>>

>>>

>>>

>>>

>>> -----Original Message-----

>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>> Behalf

>>> Of Kent Peacock

>>> Sent: Friday, November 14, 2008 10:13 AM

>>> To: cafr-l, MailList

>>> Cc: ldskeptics-l, MailList

>>> Subject: Re: [CAFR-L] U of L's falling lights.

>>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>>

>>> _______________________________________________

>>> ldskeptics-l mailing list

>>> ldskeptics-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> --

> Everything of value that people get from religion can be had more

> honestly, without presuming anything on insufficient evidence. The

> rest is self-deception, set to music. - Sam Harris

>

> Dr John R. Vokey

> vokey@uleth.ca

>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



--

Everything of value that people get from religion can be had more

honestly, without presuming anything on insufficient evidence. The

rest is self-deception, set to music. - Sam Harris

Dr John R. Vokey

vokey@uleth.ca









From kent.peacock at uleth.ca Fri Nov 14 14:13:45 2008

From: kent.peacock at uleth.ca (Kent Peacock)

Date: Fri Nov 14 14:13:55 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Ian --



Many thanks for the clarification. This is disgraceful and profoundly

embarrassing to this University. Is there anything that could be done,

apart from engaging in a long and probably futile battle to embarrass

the University publicly enough that it does the right thing? Any ideas

out there?





Kent









Ian McKenna wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

> Hi Kent and others.

>

> In November 1999, Rebeca Larreynaga was reading a textbook in the

> University Library (old building of course) when a metal light fixture

> fell out if its socket, swung down and hit Rebeca at great speed and

> with great force. She sustained injuries to her head, neck and back.

> Because the Alberta Government are allowed by law to permit the WCB to

> deem any class of persons to be employees of the Government of Alberta.

> Students (college, university and some secondary school) have been

> deemed by a regulation to be workers under the Workers' Compensation

> Act, whether or not they actually meet the legal test of employment,

> which is the provision of services to another person. While some

> students do provide services to universities and are rightly entitled

to

> WCB coverage, students such as Rebeca did not provide services to the

> University or the Government as she was employed by neither. This is

> true of all students who merely attend classes and pay their tuition

> fees.

>

> Rebeca learned of this the day after she sustained the injures when

> Edith Hepburn arrived at her bedside to obtain her signature of WCB

> documents. I was involved in assisting Rebeca to challenge the WCB

> decision that she was an injured worker and therefore not eligible to

> sue the University for negligently causing her injuries.

> The internal appeal was denied but several years later - I recall 2005

-

> the Workers' Compensation Appeals Commission ruled unanimously that she

> was not barred from suing the University (she had already filed such a

> suit through a local lawyer) because neither the University nor the

> Government was her employer.

> The University appealed that decision to the Court of Queen's Bench and

> the single judge in Calgary ruled that the Appeals Commission had erred

> in law. That decision is publicly available which makes it no less

> incoherent.

> The judge ordered a review by the Appeals Commission and a new trio

> adhered to the judge's decision.

>

> It would be fair to say that the Students' Union has done absolutely

> nothing to protect students against this sort of rip-off. There is

> essentially no benefit for students and the ruse merely transfers the

> risk of injury due to the University's negligence to the student.

> (Interestingly in the UK it is a criminal offence to insert into a

> contract a disclaimer of liability to the other party for injuries

> caused by one's negligence).

> Rebeca did seek assistance from the SU but the President at that time

(I

> don't remember her name) stated she could not help because she was a

> member of the Board of Governors (whom Rebeca was suing) and therefore

> would be in a conflict of interest, soluble only by her refusing to get

> the SU involved. I gather from Rebeca, this was the result of

> Ex-President Tennant's advice to the then SU President. Bill Cade

> adopted the same stance.

>

> Rebeca's lawyer ditched the case after the Queen's Bench decision,

> afraid that this meant he would receive no payment of the contingency

> fee. Rebeca was a talented student bound for grad studies at the time

of

> the injuries but no longer mentally able to do the work required for

> what was ironically to be in neuroscience.

>

> Having pitched (pro bono of course) Rebeca's case to both panels of the

> Appeals Commission, I am naturally biased in the legal arguments. The

> University is of course pressing her for legal costs, likely

> unattainable as Rebeca will likely declare bankruptcy if the Appeals

> Commission does not pick up the costs.

>

> It is a fond hope that the University will ever compensate her or even

> apologize for injuring her. In Tennant's era a management student (not

> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

minor

> injury. This was not referred to the WCB and instead the student

> received an out of court settlement. If the University had the ability

> to settle that case, I fail to see why it should not do so in this

case.

> I can say that Rebeca who lives locally remains traumatized by the

> incident and the unfairness of the callous treatment she has received.

> Were she allowed to take this to court, i.e. not be deemed an employee,

> her case would almost certainly succeed because there is clear evidence

> that the University knew of the falling lights problem - one witness

was

> hit by such a light but happily not badly injured. Other employees on

> the QT speak of their knowledge of the light problems and the failure

to

> spend the money until after the injuries to Rebeca..

>

> If you have any questions I'll try to answer them.

>

> As everything stated here is true, I have no problem in this account

> being passed on. I would bwelcome any information others may have on

> this distressing matter.

> Thanks

>

> Ian

>

>

>

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

> Of Kent Peacock

> Sent: Friday, November 14, 2008 10:13 AM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: Re: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

From james.linville at uleth.ca Fri Nov 14 14:21:42 2008

From: james.linville at uleth.ca (Linville, James)

Date: Fri Nov 14 14:21:43 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

References:









Message-ID:



Tom, I think you are on the right tact (jeepers I crack myself up...).



I think the letter would be more effective if you added a few details,

such as when the accident happened and so on, and that apparently the

university is looking for repayment of its legal costs. That is just

plain cruel! Talk about kicking someone after you've knocked them down!



I suspect that a letter to the student newspaper might be a good idea

too, but perhaps some of the students on the skeptics list would feel

moved to do that.







James Linville

Dept. of Religious Studies

University of Lethbridge

403-329-2537







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Tom Robinson

Sent: Fri 11/14/2008 2:03 PM

To: ldskeptics-l, MailList

Cc: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



-------------- next part --------------

An HTML attachment was scrubbed...

URL: http://listserv.uleth.ca/pipermail/cafr-

l/attachments/20081114/963c6021/attachment-0001.html

From dan.johnson at uleth.ca Fri Nov 14 14:36:18 2008

From: dan.johnson at uleth.ca (Dan Johnson)

Date: Fri Nov 14 14:36:19 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



If students are "employees", then they should have a clearer set of

employee "benefits". I don't think this really exists.







Kent Peacock wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

> Ian --

>

> Many thanks for the clarification. This is disgraceful and profoundly

> embarrassing to this University. Is there anything that could be

> done, apart from engaging in a long and probably futile battle to

> embarrass the University publicly enough that it does the right

> thing? Any ideas out there?

>

> Kent

>

>

>

>

>

> Ian McKenna wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Hi Kent and others.

>>

>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>> University Library (old building of course) when a metal light fixture

>> fell out if its socket, swung down and hit Rebeca at great speed and

>> with great force. She sustained injuries to her head, neck and back.

>> Because the Alberta Government are allowed by law to permit the WCB to

>> deem any class of persons to be employees of the Government of

Alberta.

>> Students (college, university and some secondary school) have been

>> deemed by a regulation to be workers under the Workers' Compensation

>> Act, whether or not they actually meet the legal test of employment,

>> which is the provision of services to another person. While some

>> students do provide services to universities and are rightly entitled

to

>> WCB coverage, students such as Rebeca did not provide services to the

>> University or the Government as she was employed by neither. This is

>> true of all students who merely attend classes and pay their tuition

>> fees.

>>

>> Rebeca learned of this the day after she sustained the injures when

>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>> documents. I was involved in assisting Rebeca to challenge the WCB

>> decision that she was an injured worker and therefore not eligible to

>> sue the University for negligently causing her injuries.

>> The internal appeal was denied but several years later - I recall 2005

-

>> the Workers' Compensation Appeals Commission ruled unanimously that

she

>> was not barred from suing the University (she had already filed such a

>> suit through a local lawyer) because neither the University nor the

>> Government was her employer.

>> The University appealed that decision to the Court of Queen's Bench

and

>> the single judge in Calgary ruled that the Appeals Commission had

erred

>> in law. That decision is publicly available which makes it no less

>> incoherent.

>> The judge ordered a review by the Appeals Commission and a new trio

>> adhered to the judge's decision.

>>

>> It would be fair to say that the Students' Union has done absolutely

>> nothing to protect students against this sort of rip-off. There is

>> essentially no benefit for students and the ruse merely transfers the

>> risk of injury due to the University's negligence to the student.

>> (Interestingly in the UK it is a criminal offence to insert into a

>> contract a disclaimer of liability to the other party for injuries

>> caused by one's negligence).

>> Rebeca did seek assistance from the SU but the President at that time

(I

>> don't remember her name) stated she could not help because she was a

>> member of the Board of Governors (whom Rebeca was suing) and therefore

>> would be in a conflict of interest, soluble only by her refusing to

get

>> the SU involved. I gather from Rebeca, this was the result of

>> Ex-President Tennant's advice to the then SU President. Bill Cade

>> adopted the same stance.

>>

>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>> afraid that this meant he would receive no payment of the contingency

>> fee. Rebeca was a talented student bound for grad studies at the time

of

>> the injuries but no longer mentally able to do the work required for

>> what was ironically to be in neuroscience.

>> Having pitched (pro bono of course) Rebeca's case to both panels of

the

>> Appeals Commission, I am naturally biased in the legal arguments. The

>> University is of course pressing her for legal costs, likely

>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>> Commission does not pick up the costs.

>>

>> It is a fond hope that the University will ever compensate her or even

>> apologize for injuring her. In Tennant's era a management student (not

>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

minor

>> injury. This was not referred to the WCB and instead the student

>> received an out of court settlement. If the University had the ability

>> to settle that case, I fail to see why it should not do so in this

case.

>> I can say that Rebeca who lives locally remains traumatized by the

>> incident and the unfairness of the callous treatment she has received.

>> Were she allowed to take this to court, i.e. not be deemed an

employee,

>> her case would almost certainly succeed because there is clear

evidence

>> that the University knew of the falling lights problem - one witness

was

>> hit by such a light but happily not badly injured. Other employees on

>> the QT speak of their knowledge of the light problems and the failure

to

>> spend the money until after the injuries to Rebeca..

>>

>> If you have any questions I'll try to answer them.

>>

>> As everything stated here is true, I have no problem in this account

>> being passed on. I would bwelcome any information others may have on

>> this distressing matter.

>> Thanks

>>

>> Ian

>>

>>

>>

>>

>> -----Original Message-----

>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

>> Of Kent Peacock

>> Sent: Friday, November 14, 2008 10:13 AM

>> To: cafr-l, MailList

>> Cc: ldskeptics-l, MailList

>> Subject: Re: [CAFR-L] U of L's falling lights.

>>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

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From vimip0 at uleth.ca Fri Nov 14 14:45:22 2008

From: vimip0 at uleth.ca (Paul Viminitz)

Date: Fri Nov 14 14:45:23 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



Further to Kent's worry that any attempt to embarrass the University

publicly over this issue would be future, I dunno, why not give it a

try?! Publish an article in the Lethbridge Herald that says something

like this:



PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L



The University of Lethbridge has adopted the legal fiction - a fiction

endorsed by the courts in Alberta - that students are employees of the

University. Accordingly, if a student is injured on the 'job' - as one

recently was - he or she cannot sue, but can only seek the much reduced

compensation available through the Workers Compensation Board. Worse

yet, the University is currently seeking legal costs from her for her

unsuccessfully appealing this fiction to the courts. Parents would be

well advised to consider this before enrolling their children at the U.

of L.



If this doesn't embarrass the University and/or reduce enrollment, well,

at least students and their parents have been put on notice, which, I

suppose, is all they're really entitled to. - Paul





Kent Peacock wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

> Ian --

>

> Many thanks for the clarification. This is disgraceful and profoundly

> embarrassing to this University. Is there anything that could be

> done, apart from engaging in a long and probably futile battle to

> embarrass the University publicly enough that it does the right

> thing? Any ideas out there?

>

> Kent

>

>

>

>

>

> Ian McKenna wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Hi Kent and others.

>>

>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>> University Library (old building of course) when a metal light fixture

>> fell out if its socket, swung down and hit Rebeca at great speed and

>> with great force. She sustained injuries to her head, neck and back.

>> Because the Alberta Government are allowed by law to permit the WCB to

>> deem any class of persons to be employees of the Government of

Alberta.

>> Students (college, university and some secondary school) have been

>> deemed by a regulation to be workers under the Workers' Compensation

>> Act, whether or not they actually meet the legal test of employment,

>> which is the provision of services to another person. While some

>> students do provide services to universities and are rightly entitled

to

>> WCB coverage, students such as Rebeca did not provide services to the

>> University or the Government as she was employed by neither. This is

>> true of all students who merely attend classes and pay their tuition

>> fees.

>>

>> Rebeca learned of this the day after she sustained the injures when

>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>> documents. I was involved in assisting Rebeca to challenge the WCB

>> decision that she was an injured worker and therefore not eligible to

>> sue the University for negligently causing her injuries.

>> The internal appeal was denied but several years later - I recall 2005

-

>> the Workers' Compensation Appeals Commission ruled unanimously that

she

>> was not barred from suing the University (she had already filed such a

>> suit through a local lawyer) because neither the University nor the

>> Government was her employer.

>> The University appealed that decision to the Court of Queen's Bench

and

>> the single judge in Calgary ruled that the Appeals Commission had

erred

>> in law. That decision is publicly available which makes it no less

>> incoherent.

>> The judge ordered a review by the Appeals Commission and a new trio

>> adhered to the judge's decision.

>>

>> It would be fair to say that the Students' Union has done absolutely

>> nothing to protect students against this sort of rip-off. There is

>> essentially no benefit for students and the ruse merely transfers the

>> risk of injury due to the University's negligence to the student.

>> (Interestingly in the UK it is a criminal offence to insert into a

>> contract a disclaimer of liability to the other party for injuries

>> caused by one's negligence).

>> Rebeca did seek assistance from the SU but the President at that time

(I

>> don't remember her name) stated she could not help because she was a

>> member of the Board of Governors (whom Rebeca was suing) and therefore

>> would be in a conflict of interest, soluble only by her refusing to

get

>> the SU involved. I gather from Rebeca, this was the result of

>> Ex-President Tennant's advice to the then SU President. Bill Cade

>> adopted the same stance.

>>

>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>> afraid that this meant he would receive no payment of the contingency

>> fee. Rebeca was a talented student bound for grad studies at the time

of

>> the injuries but no longer mentally able to do the work required for

>> what was ironically to be in neuroscience.

>> Having pitched (pro bono of course) Rebeca's case to both panels of

the

>> Appeals Commission, I am naturally biased in the legal arguments. The

>> University is of course pressing her for legal costs, likely

>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>> Commission does not pick up the costs.

>>

>> It is a fond hope that the University will ever compensate her or even

>> apologize for injuring her. In Tennant's era a management student (not

>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

minor

>> injury. This was not referred to the WCB and instead the student

>> received an out of court settlement. If the University had the ability

>> to settle that case, I fail to see why it should not do so in this

case.

>> I can say that Rebeca who lives locally remains traumatized by the

>> incident and the unfairness of the callous treatment she has received.

>> Were she allowed to take this to court, i.e. not be deemed an

employee,

>> her case would almost certainly succeed because there is clear

evidence

>> that the University knew of the falling lights problem - one witness

was

>> hit by such a light but happily not badly injured. Other employees on

>> the QT speak of their knowledge of the light problems and the failure

to

>> spend the money until after the injuries to Rebeca..

>>

>> If you have any questions I'll try to answer them.

>>

>> As everything stated here is true, I have no problem in this account

>> being passed on. I would bwelcome any information others may have on

>> this distressing matter.

>> Thanks

>>

>> Ian

>>

>>

>>

>>

>> -----Original Message-----

>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

>> Of Kent Peacock

>> Sent: Friday, November 14, 2008 10:13 AM

>> To: cafr-l, MailList

>> Cc: ldskeptics-l, MailList

>> Subject: Re: [CAFR-L] U of L's falling lights.

>>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From vimip0 at uleth.ca Fri Nov 14 14:47:03 2008

From: vimip0 at uleth.ca (Paul Viminitz)

Date: Fri Nov 14 14:47:05 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



Sorry for the typo. Obviously by "future" I meant "futile". - Paul



Paul Viminitz wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

> Further to Kent's worry that any attempt to embarrass the University

> publicly over this issue would be future, I dunno, why not give it a

> try?! Publish an article in the Lethbridge Herald that says something

> like this:

>

> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>

> The University of Lethbridge has adopted the legal fiction - a fiction

> endorsed by the courts in Alberta - that students are employees of the

> University. Accordingly, if a student is injured on the 'job' - as one

> recently was - he or she cannot sue, but can only seek the much

> reduced compensation available through the Workers Compensation Board.

> Worse yet, the University is currently seeking legal costs from her

> for her unsuccessfully appealing this fiction to the courts. Parents

> would be well advised to consider this before enrolling their children

> at the U. of L.

>

> If this doesn't embarrass the University and/or reduce enrollment,

> well, at least students and their parents have been put on notice,

> which, I suppose, is all they're really entitled to. - Paul

>

>

> Kent Peacock wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Ian --

>>

>> Many thanks for the clarification. This is disgraceful and

>> profoundly embarrassing to this University. Is there anything that

>> could be done, apart from engaging in a long and probably futile

>> battle to embarrass the University publicly enough that it does the

>> right thing? Any ideas out there?

>>

>> Kent

>>

>>

>>

>>

>>

>> Ian McKenna wrote:

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the content

>>> of their messages.

>>>

>>> --------------------

>>> Hi Kent and others.

>>>

>>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>>> University Library (old building of course) when a metal light

fixture

>>> fell out if its socket, swung down and hit Rebeca at great speed and

>>> with great force. She sustained injuries to her head, neck and back.

>>> Because the Alberta Government are allowed by law to permit the WCB

to

>>> deem any class of persons to be employees of the Government of

Alberta.

>>> Students (college, university and some secondary school) have been

>>> deemed by a regulation to be workers under the Workers' Compensation

>>> Act, whether or not they actually meet the legal test of employment,

>>> which is the provision of services to another person. While some

>>> students do provide services to universities and are rightly

>>> entitled to

>>> WCB coverage, students such as Rebeca did not provide services to the

>>> University or the Government as she was employed by neither. This is

>>> true of all students who merely attend classes and pay their tuition

>>> fees.

>>>

>>> Rebeca learned of this the day after she sustained the injures when

>>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>>> documents. I was involved in assisting Rebeca to challenge the WCB

>>> decision that she was an injured worker and therefore not eligible to

>>> sue the University for negligently causing her injuries.

>>> The internal appeal was denied but several years later - I recall

>>> 2005 -

>>> the Workers' Compensation Appeals Commission ruled unanimously that

she

>>> was not barred from suing the University (she had already filed such

a

>>> suit through a local lawyer) because neither the University nor the

>>> Government was her employer.

>>> The University appealed that decision to the Court of Queen's Bench

and

>>> the single judge in Calgary ruled that the Appeals Commission had

erred

>>> in law. That decision is publicly available which makes it no less

>>> incoherent.

>>> The judge ordered a review by the Appeals Commission and a new trio

>>> adhered to the judge's decision.

>>>

>>> It would be fair to say that the Students' Union has done absolutely

>>> nothing to protect students against this sort of rip-off. There is

>>> essentially no benefit for students and the ruse merely transfers the

>>> risk of injury due to the University's negligence to the student.

>>> (Interestingly in the UK it is a criminal offence to insert into a

>>> contract a disclaimer of liability to the other party for injuries

>>> caused by one's negligence).

>>> Rebeca did seek assistance from the SU but the President at that

>>> time (I

>>> don't remember her name) stated she could not help because she was a

>>> member of the Board of Governors (whom Rebeca was suing) and

therefore

>>> would be in a conflict of interest, soluble only by her refusing to

get

>>> the SU involved. I gather from Rebeca, this was the result of

>>> Ex-President Tennant's advice to the then SU President. Bill Cade

>>> adopted the same stance.

>>>

>>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>>> afraid that this meant he would receive no payment of the contingency

>>> fee. Rebeca was a talented student bound for grad studies at the

>>> time of

>>> the injuries but no longer mentally able to do the work required for

>>> what was ironically to be in neuroscience.

>>> Having pitched (pro bono of course) Rebeca's case to both panels of

the

>>> Appeals Commission, I am naturally biased in the legal arguments. The

>>> University is of course pressing her for legal costs, likely

>>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>>> Commission does not pick up the costs.

>>>

>>> It is a fond hope that the University will ever compensate her or

even

>>> apologize for injuring her. In Tennant's era a management student

(not

>>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>>> minor

>>> injury. This was not referred to the WCB and instead the student

>>> received an out of court settlement. If the University had the

ability

>>> to settle that case, I fail to see why it should not do so in this

>>> case.

>>> I can say that Rebeca who lives locally remains traumatized by the

>>> incident and the unfairness of the callous treatment she has

received.

>>> Were she allowed to take this to court, i.e. not be deemed an

employee,

>>> her case would almost certainly succeed because there is clear

evidence

>>> that the University knew of the falling lights problem - one witness

>>> was

>>> hit by such a light but happily not badly injured. Other employees on

>>> the QT speak of their knowledge of the light problems and the

>>> failure to

>>> spend the money until after the injuries to Rebeca..

>>>

>>> If you have any questions I'll try to answer them.

>>>

>>> As everything stated here is true, I have no problem in this account

>>> being passed on. I would bwelcome any information others may have on

>>> this distressing matter.

>>> Thanks

>>>

>>> Ian

>>>

>>>

>>>

>>>

>>> -----Original Message-----

>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>> Behalf

>>> Of Kent Peacock

>>> Sent: Friday, November 14, 2008 10:13 AM

>>> To: cafr-l, MailList

>>> Cc: ldskeptics-l, MailList

>>> Subject: Re: [CAFR-L] U of L's falling lights.

>>>

>>> Postings to this list are *Publicly Archived.* This is an unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From rodych at uleth.ca Fri Nov 14 14:48:13 2008

From: rodych at uleth.ca (Rodych, Victor)

Date: Fri Nov 14 14:48:25 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



For those of us (e.g., me) too obtuse to get any clarification, yours is

future.



Vic



_____________________



Dr. Victor Rodych

Professor

Department of Philosophy

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

CANADA





-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Paul Viminitz

Sent: Friday, November 14, 2008 2:47 PM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Sorry for the typo. Obviously by "future" I meant "futile". - Paul



Paul Viminitz wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

> Further to Kent's worry that any attempt to embarrass the University

> publicly over this issue would be future, I dunno, why not give it a

> try?! Publish an article in the Lethbridge Herald that says something

> like this:

>

> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>

> The University of Lethbridge has adopted the legal fiction - a fiction



> endorsed by the courts in Alberta - that students are employees of the



> University. Accordingly, if a student is injured on the 'job' - as one



> recently was - he or she cannot sue, but can only seek the much

> reduced compensation available through the Workers Compensation Board.



> Worse yet, the University is currently seeking legal costs from her

> for her unsuccessfully appealing this fiction to the courts. Parents

> would be well advised to consider this before enrolling their children



> at the U. of L.

>

> If this doesn't embarrass the University and/or reduce enrollment,

> well, at least students and their parents have been put on notice,

> which, I suppose, is all they're really entitled to. - Paul

>

>

> Kent Peacock wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated



>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Ian --

>>

>> Many thanks for the clarification. This is disgraceful and

>> profoundly embarrassing to this University. Is there anything that

>> could be done, apart from engaging in a long and probably futile

>> battle to embarrass the University publicly enough that it does the

>> right thing? Any ideas out there?

>>

>> Kent

>>

>>

>>

>>

>>

>> Ian McKenna wrote:

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the content

>>> of their messages.

>>>

>>> --------------------

>>> Hi Kent and others.

>>>

>>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>>> University Library (old building of course) when a metal light

fixture

>>> fell out if its socket, swung down and hit Rebeca at great speed and

>>> with great force. She sustained injuries to her head, neck and back.

>>> Because the Alberta Government are allowed by law to permit the WCB

to

>>> deem any class of persons to be employees of the Government of

Alberta.

>>> Students (college, university and some secondary school) have been

>>> deemed by a regulation to be workers under the Workers' Compensation

>>> Act, whether or not they actually meet the legal test of employment,

>>> which is the provision of services to another person. While some

>>> students do provide services to universities and are rightly

>>> entitled to

>>> WCB coverage, students such as Rebeca did not provide services to

the

>>> University or the Government as she was employed by neither. This is

>>> true of all students who merely attend classes and pay their tuition

>>> fees.

>>>

>>> Rebeca learned of this the day after she sustained the injures when

>>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>>> documents. I was involved in assisting Rebeca to challenge the WCB

>>> decision that she was an injured worker and therefore not eligible

to

>>> sue the University for negligently causing her injuries.

>>> The internal appeal was denied but several years later - I recall

>>> 2005 -

>>> the Workers' Compensation Appeals Commission ruled unanimously that

she

>>> was not barred from suing the University (she had already filed such

a

>>> suit through a local lawyer) because neither the University nor the

>>> Government was her employer.

>>> The University appealed that decision to the Court of Queen's Bench

and

>>> the single judge in Calgary ruled that the Appeals Commission had

erred

>>> in law. That decision is publicly available which makes it no less

>>> incoherent.

>>> The judge ordered a review by the Appeals Commission and a new trio

>>> adhered to the judge's decision.

>>>

>>> It would be fair to say that the Students' Union has done absolutely

>>> nothing to protect students against this sort of rip-off. There is

>>> essentially no benefit for students and the ruse merely transfers

the

>>> risk of injury due to the University's negligence to the student.

>>> (Interestingly in the UK it is a criminal offence to insert into a

>>> contract a disclaimer of liability to the other party for injuries

>>> caused by one's negligence).

>>> Rebeca did seek assistance from the SU but the President at that

>>> time (I

>>> don't remember her name) stated she could not help because she was a

>>> member of the Board of Governors (whom Rebeca was suing) and

therefore

>>> would be in a conflict of interest, soluble only by her refusing to

get

>>> the SU involved. I gather from Rebeca, this was the result of

>>> Ex-President Tennant's advice to the then SU President. Bill Cade

>>> adopted the same stance.

>>>

>>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>>> afraid that this meant he would receive no payment of the

contingency

>>> fee. Rebeca was a talented student bound for grad studies at the

>>> time of

>>> the injuries but no longer mentally able to do the work required for

>>> what was ironically to be in neuroscience.

>>> Having pitched (pro bono of course) Rebeca's case to both panels of

the

>>> Appeals Commission, I am naturally biased in the legal arguments.

The

>>> University is of course pressing her for legal costs, likely

>>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>>> Commission does not pick up the costs.

>>>

>>> It is a fond hope that the University will ever compensate her or

even

>>> apologize for injuring her. In Tennant's era a management student

(not

>>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>>> minor

>>> injury. This was not referred to the WCB and instead the student

>>> received an out of court settlement. If the University had the

ability

>>> to settle that case, I fail to see why it should not do so in this

>>> case.

>>> I can say that Rebeca who lives locally remains traumatized by the

>>> incident and the unfairness of the callous treatment she has

received.

>>> Were she allowed to take this to court, i.e. not be deemed an

employee,

>>> her case would almost certainly succeed because there is clear

evidence

>>> that the University knew of the falling lights problem - one witness



>>> was

>>> hit by such a light but happily not badly injured. Other employees

on

>>> the QT speak of their knowledge of the light problems and the

>>> failure to

>>> spend the money until after the injuries to Rebeca..

>>>

>>> If you have any questions I'll try to answer them.

>>>

>>> As everything stated here is true, I have no problem in this account

>>> being passed on. I would bwelcome any information others may have on

>>> this distressing matter.

>>> Thanks

>>>

>>> Ian

>>>

>>>

>>>

>>>

>>> -----Original Message-----

>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>> Behalf

>>> Of Kent Peacock

>>> Sent: Friday, November 14, 2008 10:13 AM

>>> To: cafr-l, MailList

>>> Cc: ldskeptics-l, MailList

>>> Subject: Re: [CAFR-L] U of L's falling lights.

>>>

>>> Postings to this list are *Publicly Archived.* This is an

unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



From james.linville at uleth.ca Fri Nov 14 15:17:57 2008

From: james.linville at uleth.ca (Linville, James)

Date: Fri Nov 14 15:19:05 2008

Subject: [CAFR-L] U of L's falling lights.

References:









Message-ID:



Perhaps the bookstore should start stocking the new "fatal Lux" logo on a

line of official hardhats. Hell, employees have to wear hardhats on other

kinds of jobsites.





Jim

-------------- next part --------------

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l/attachments/20081114/24512ccd/attachment.html

From hawkms at uleth.ca Fri Nov 14 18:19:31 2008

From: hawkms at uleth.ca (Hawkins, Maureen)

Date: Fri Nov 14 18:20:46 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

References:













Message-ID:



I agree.

Maureen



Maureen S. G. Hawkins

Department of English

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

Canada

(403) 328-7961







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of John Vokey

Sent: Fri 11/14/2008 2:10 PM

To: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

I think we should also write a letter to the President and the Board

requesting that the university explicitly divorce itself from this

interpretation of the WCB, and/or it work out a fair compensation

package for the student in question.



On 14-Nov-08, at 2:04 PM, John Vokey wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Works for me; I'll sign.

>

> On 14-Nov-08, at 2:03 PM, Tom Robinson wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> It has been suggested to me that I write a letter to the editor (or

>> that someone with more tact write a letter) and a number of us sign

>> it.

>> Here is my attempt. Remember, we want tact. Or could we have two

>> versions, one which the tactless could sign?

>> Tom

>>

>> Are students employees of the University?

>>

>> Professor Ian McKenna, in his recent letter to the editor,

>> expressed his embarrassment that a student injured at the

>> University of Lethbridge was judged to be an employee of the

>> University and thus prohibited from bringing a lawsuit against the

>> University. Professor McKenna asks whether others are embarrassed

>> too. We are.

>>

>> If students are considered employees of the University, it must be

>> the strangest employee status in the history of the world. Not only

>> do students not get paid by the University, the University demands

>> the reverse-that students pay the University-a concept foreign even

>> in slave societies. If students are really employees of the

>> University, perhaps they should sue the University for unpaid

>> wages. At about 5000 hours for a four-year degree, even at a

>> McDonald's wage, that would be about $50,000. This could offset the

>> huge student loan debt that students routinely accumulate, and it

>> would make for a well attended convocation ceremony, as graduating

>> students receive both a diploma and a cheque as they walk across

>> the stage.

>>

>>

>>

>> On 14-Nov-08, at 1:18 PM, Ian McKenna wrote:

>>

>>> Hi Kent and others.

>>>

>>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>>> University Library (old building of course) when a metal light

>>> fixture

>>> fell out if its socket, swung down and hit Rebeca at great speed and

>>> with great force. She sustained injuries to her head, neck and back.

>>> Because the Alberta Government are allowed by law to permit the

>>> WCB to

>>> deem any class of persons to be employees of the Government of

>>> Alberta.

>>> Students (college, university and some secondary school) have been

>>> deemed by a regulation to be workers under the Workers' Compensation

>>> Act, whether or not they actually meet the legal test of employment,

>>> which is the provision of services to another person. While some

>>> students do provide services to universities and are rightly

>>> entitled to

>>> WCB coverage, students such as Rebeca did not provide services to

>>> the

>>> University or the Government as she was employed by neither. This is

>>> true of all students who merely attend classes and pay their tuition

>>> fees.

>>>

>>> Rebeca learned of this the day after she sustained the injures when

>>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>>> documents. I was involved in assisting Rebeca to challenge the WCB

>>> decision that she was an injured worker and therefore not eligible

>>> to

>>> sue the University for negligently causing her injuries.

>>> The internal appeal was denied but several years later - I recall

>>> 2005 -

>>> the Workers' Compensation Appeals Commission ruled unanimously

>>> that she

>>> was not barred from suing the University (she had already filed

>>> such a

>>> suit through a local lawyer) because neither the University nor the

>>> Government was her employer.

>>> The University appealed that decision to the Court of Queen's

>>> Bench and

>>> the single judge in Calgary ruled that the Appeals Commission had

>>> erred

>>> in law. That decision is publicly available which makes it no less

>>> incoherent.

>>> The judge ordered a review by the Appeals Commission and a new trio

>>> adhered to the judge's decision.

>>>

>>> It would be fair to say that the Students' Union has done absolutely

>>> nothing to protect students against this sort of rip-off. There is

>>> essentially no benefit for students and the ruse merely transfers

>>> the

>>> risk of injury due to the University's negligence to the student.

>>> (Interestingly in the UK it is a criminal offence to insert into a

>>> contract a disclaimer of liability to the other party for injuries

>>> caused by one's negligence).

>>> Rebeca did seek assistance from the SU but the President at that

>>> time (I

>>> don't remember her name) stated she could not help because she was a

>>> member of the Board of Governors (whom Rebeca was suing) and

>>> therefore

>>> would be in a conflict of interest, soluble only by her refusing

>>> to get

>>> the SU involved. I gather from Rebeca, this was the result of

>>> Ex-President Tennant's advice to the then SU President. Bill Cade

>>> adopted the same stance.

>>>

>>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>>> afraid that this meant he would receive no payment of the

>>> contingency

>>> fee. Rebeca was a talented student bound for grad studies at the

>>> time of

>>> the injuries but no longer mentally able to do the work required for

>>> what was ironically to be in neuroscience.

>>>

>>> Having pitched (pro bono of course) Rebeca's case to both panels

>>> of the

>>> Appeals Commission, I am naturally biased in the legal arguments.

>>> The

>>> University is of course pressing her for legal costs, likely

>>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>>> Commission does not pick up the costs.

>>>

>>> It is a fond hope that the University will ever compensate her or

>>> even

>>> apologize for injuring her. In Tennant's era a management student

>>> (not

>>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>>> minor

>>> injury. This was not referred to the WCB and instead the student

>>> received an out of court settlement. If the University had the

>>> ability

>>> to settle that case, I fail to see why it should not do so in this

>>> case.

>>> I can say that Rebeca who lives locally remains traumatized by the

>>> incident and the unfairness of the callous treatment she has

>>> received.

>>> Were she allowed to take this to court, i.e. not be deemed an

>>> employee,

>>> her case would almost certainly succeed because there is clear

>>> evidence

>>> that the University knew of the falling lights problem - one

>>> witness was

>>> hit by such a light but happily not badly injured. Other employees

>>> on

>>> the QT speak of their knowledge of the light problems and the

>>> failure to

>>> spend the money until after the injuries to Rebeca..

>>>

>>> If you have any questions I'll try to answer them.

>>>

>>> As everything stated here is true, I have no problem in this account

>>> being passed on. I would bwelcome any information others may have on

>>> this distressing matter.

>>> Thanks

>>>

>>> Ian

>>>

>>>

>>>

>>>

>>> -----Original Message-----

>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>> Behalf

>>> Of Kent Peacock

>>> Sent: Friday, November 14, 2008 10:13 AM

>>> To: cafr-l, MailList

>>> Cc: ldskeptics-l, MailList

>>> Subject: Re: [CAFR-L] U of L's falling lights.

>>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>>

>>> _______________________________________________

>>> ldskeptics-l mailing list

>>> ldskeptics-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> --

> Everything of value that people get from religion can be had more

> honestly, without presuming anything on insufficient evidence. The

> rest is self-deception, set to music. - Sam Harris

>

> Dr John R. Vokey

> vokey@uleth.ca

>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



--

Everything of value that people get from religion can be had more

honestly, without presuming anything on insufficient evidence. The

rest is self-deception, set to music. - Sam Harris



Dr John R. Vokey

vokey@uleth.ca









_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From hawkms at uleth.ca Fri Nov 14 18:23:06 2008

From: hawkms at uleth.ca (Hawkins, Maureen)

Date: Fri Nov 14 18:23:45 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

References:









Message-ID:



I'll sign.



Maureen



Maureen S. G. Hawkins

Department of English

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

Canada

(403) 328-7961







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Tom Robinson

Sent: Fri 11/14/2008 2:03 PM

To: ldskeptics-l, MailList

Cc: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From rodych at uleth.ca Fri Nov 14 19:16:28 2008

From: rodych at uleth.ca (Rodych, Victor)

Date: Fri Nov 14 19:16:48 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Ian:

Could you send the list(s) non-confidential documentation about this

case?



You say: "Because the Alberta Government are allowed by law to permit

the WCB to deem any class of persons to be employees of the Government

of Alberta." Would you please direct me to a website or document where

this permission is stated. It is striking-to put it mildly-that the

Alberta Government permits "the WCB to deem any class of persons to be

employees of the Government of Alberta."



This case, as described, is deplorable. Where might I access the

"decision [that] is publicly available"?



Many thanks.



Yrs.



Vic



_____________________



Dr. Victor Rodych

Professor

Department of Philosophy

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

CANADA





-----Original Message-----

From: ldskeptics-l-bounces@uleth.ca

[mailto:ldskeptics-l-bounces@uleth.ca] On Behalf Of Ian McKenna

Sent: Friday, November 14, 2008 1:19 PM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Hi Kent and others.



In November 1999, Rebeca Larreynaga was reading a textbook in the

University Library (old building of course) when a metal light fixture

fell out if its socket, swung down and hit Rebeca at great speed and

with great force. She sustained injuries to her head, neck and back.

Because the Alberta Government are allowed by law to permit the WCB to

deem any class of persons to be employees of the Government of Alberta.

Students (college, university and some secondary school) have been

deemed by a regulation to be workers under the Workers' Compensation

Act, whether or not they actually meet the legal test of employment,

which is the provision of services to another person. While some

students do provide services to universities and are rightly entitled to

WCB coverage, students such as Rebeca did not provide services to the

University or the Government as she was employed by neither. This is

true of all students who merely attend classes and pay their tuition

fees.



Rebeca learned of this the day after she sustained the injures when

Edith Hepburn arrived at her bedside to obtain her signature of WCB

documents. I was involved in assisting Rebeca to challenge the WCB

decision that she was an injured worker and therefore not eligible to

sue the University for negligently causing her injuries.

The internal appeal was denied but several years later - I recall 2005 -

the Workers' Compensation Appeals Commission ruled unanimously that she

was not barred from suing the University (she had already filed such a

suit through a local lawyer) because neither the University nor the

Government was her employer.

The University appealed that decision to the Court of Queen's Bench and

the single judge in Calgary ruled that the Appeals Commission had erred

in law. That decision is publicly available which makes it no less

incoherent.

The judge ordered a review by the Appeals Commission and a new trio

adhered to the judge's decision.



It would be fair to say that the Students' Union has done absolutely

nothing to protect students against this sort of rip-off. There is

essentially no benefit for students and the ruse merely transfers the

risk of injury due to the University's negligence to the student.

(Interestingly in the UK it is a criminal offence to insert into a

contract a disclaimer of liability to the other party for injuries

caused by one's negligence).

Rebeca did seek assistance from the SU but the President at that time (I

don't remember her name) stated she could not help because she was a

member of the Board of Governors (whom Rebeca was suing) and therefore

would be in a conflict of interest, soluble only by her refusing to get

the SU involved. I gather from Rebeca, this was the result of

Ex-President Tennant's advice to the then SU President. Bill Cade

adopted the same stance.



Rebeca's lawyer ditched the case after the Queen's Bench decision,

afraid that this meant he would receive no payment of the contingency

fee. Rebeca was a talented student bound for grad studies at the time of

the injuries but no longer mentally able to do the work required for

what was ironically to be in neuroscience.



Having pitched (pro bono of course) Rebeca's case to both panels of the

Appeals Commission, I am naturally biased in the legal arguments. The

University is of course pressing her for legal costs, likely

unattainable as Rebeca will likely declare bankruptcy if the Appeals

Commission does not pick up the costs.



It is a fond hope that the University will ever compensate her or even

apologize for injuring her. In Tennant's era a management student (not

in my class!) fell asleep in a U Hall D630 classroom, sustaining a minor

injury. This was not referred to the WCB and instead the student

received an out of court settlement. If the University had the ability

to settle that case, I fail to see why it should not do so in this case.

I can say that Rebeca who lives locally remains traumatized by the

incident and the unfairness of the callous treatment she has received.

Were she allowed to take this to court, i.e. not be deemed an employee,

her case would almost certainly succeed because there is clear evidence

that the University knew of the falling lights problem - one witness was

hit by such a light but happily not badly injured. Other employees on

the QT speak of their knowledge of the light problems and the failure to

spend the money until after the injuries to Rebeca..



If you have any questions I'll try to answer them.



As everything stated here is true, I have no problem in this account

being passed on. I would bwelcome any information others may have on

this distressing matter.

Thanks



Ian









-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Kent Peacock

Sent: Friday, November 14, 2008 10:13 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



_______________________________________________

ldskeptics-l mailing list

ldskeptics-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l



From richard.mueller at uleth.ca Fri Nov 14 19:27:27 2008

From: richard.mueller at uleth.ca (Mueller, Richard)

Date: Fri Nov 14 19:30:50 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

References:











Message-ID:



Hello all,



I think that Tom put it best this morning when he said that the

university treats students like employees on one hand, and like clients

or customers on the other; they want their cake and to eat it too.

Clearly this is inconsistent. It is also deplorable that they would treat

a student like this. I have brought this case up in my classes a couple

of times and students are completely unaware that they are deemed to be

employees of the university in this type of case. I am curious as to why

the university didn't simply pay this person hush money as they seem to

have done so many times in the past. Not that I agree with this, I am

simply curious. My understanding is that they didn't want to set an

unpalatable (from the admin's perspective) precedent.



I would be happy to sign (indeed draft) a letter to the editor using

something similar to the wording in Tom's paradox, mentioning that I am

embarassed that the university administration handled the case in this

way.



That said, there are two sides to every story. One colleague brought up

the point (and I think this is improbable) that the student might be

milking the system for what it's worth. I think that we ought to

eliminate this possibility before we draft and sign a letter. If we can

eliminate it with reasonable certainty, I'm in.



Best,



Rick







________________________________



From: cafr-l-bounces@uleth.ca on behalf of Hawkins, Maureen

Sent: Fri 14/11/2008 6:23 PM

To: cafr-l, MailList

Subject: RE: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From siminovitch at uleth.ca Fri Nov 14 21:39:25 2008

From: siminovitch at uleth.ca (David Siminovitch)

Date: Fri Nov 14 21:39:26 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



> Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Ian:

>

> Could you send the list(s) non-confidential documentation about this

> case?

>

> You say: "Because the Alberta Government are allowed by law to permit

> the WCB to deem any class of persons to be employees of the Government

> of Alberta." Would you please direct me to a website or document where

> this permission is stated. It is striking-to put it mildly-that the

> Alberta Government permits "the WCB to deem any class of persons to be

> employees of the Government of Alberta."

>

> This case, as described, is deplorable. Where might I access the

> "decision [that] is publicly available"?

>

> Many thanks.

>

> Yrs.

>

> Vic

>

> _____________________

>

> Dr. Victor Rodych

> Professor

> Department of Philosophy

> University of Lethbridge

> 4401 University Drive

> Lethbridge, Alberta

> T1K 3M4

> CANADA

>

>

> -----Original Message-----

> From: ldskeptics-l-bounces@uleth.ca

> [mailto:ldskeptics-l-bounces@uleth.ca] On Behalf Of Ian McKenna

> Sent: Friday, November 14, 2008 1:19 PM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Hi Kent and others.

>

> In November 1999, Rebeca Larreynaga was reading a textbook in the

> University Library (old building of course) when a metal light fixture

> fell out if its socket, swung down and hit Rebeca at great speed and

> with great force. She sustained injuries to her head, neck and back.

> Because the Alberta Government are allowed by law to permit the WCB to

> deem any class of persons to be employees of the Government of Alberta.

> Students (college, university and some secondary school) have been

> deemed by a regulation to be workers under the Workers' Compensation

> Act, whether or not they actually meet the legal test of employment,

> which is the provision of services to another person. While some

> students do provide services to universities and are rightly entitled

to

> WCB coverage, students such as Rebeca did not provide services to the

> University or the Government as she was employed by neither. This is

> true of all students who merely attend classes and pay their tuition

> fees.

>

> Rebeca learned of this the day after she sustained the injures when

> Edith Hepburn arrived at her bedside to obtain her signature of WCB

> documents. I was involved in assisting Rebeca to challenge the WCB

> decision that she was an injured worker and therefore not eligible to

> sue the University for negligently causing her injuries.

> The internal appeal was denied but several years later - I recall 2005

-

> the Workers' Compensation Appeals Commission ruled unanimously that she

> was not barred from suing the University (she had already filed such a

> suit through a local lawyer) because neither the University nor the

> Government was her employer.

> The University appealed that decision to the Court of Queen's Bench and

> the single judge in Calgary ruled that the Appeals Commission had erred

> in law. That decision is publicly available which makes it no less

> incoherent.

> The judge ordered a review by the Appeals Commission and a new trio

> adhered to the judge's decision.

>

> It would be fair to say that the Students' Union has done absolutely

> nothing to protect students against this sort of rip-off. There is

> essentially no benefit for students and the ruse merely transfers the

> risk of injury due to the University's negligence to the student.

> (Interestingly in the UK it is a criminal offence to insert into a

> contract a disclaimer of liability to the other party for injuries

> caused by one's negligence).

> Rebeca did seek assistance from the SU but the President at that time

(I

> don't remember her name) stated she could not help because she was a

> member of the Board of Governors (whom Rebeca was suing) and therefore

> would be in a conflict of interest, soluble only by her refusing to get

> the SU involved. I gather from Rebeca, this was the result of

> Ex-President Tennant's advice to the then SU President. Bill Cade

> adopted the same stance.

>

> Rebeca's lawyer ditched the case after the Queen's Bench decision,

> afraid that this meant he would receive no payment of the contingency

> fee. Rebeca was a talented student bound for grad studies at the time

of

> the injuries but no longer mentally able to do the work required for

> what was ironically to be in neuroscience.

>

> Having pitched (pro bono of course) Rebeca's case to both panels of the

> Appeals Commission, I am naturally biased in the legal arguments. The

> University is of course pressing her for legal costs, likely

> unattainable as Rebeca will likely declare bankruptcy if the Appeals

> Commission does not pick up the costs.

>

> It is a fond hope that the University will ever compensate her or even

> apologize for injuring her. In Tennant's era a management student (not

> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

minor

> injury. This was not referred to the WCB and instead the student

> received an out of court settlement. If the University had the ability

> to settle that case, I fail to see why it should not do so in this

case.

> I can say that Rebeca who lives locally remains traumatized by the

> incident and the unfairness of the callous treatment she has received.

> Were she allowed to take this to court, i.e. not be deemed an employee,

> her case would almost certainly succeed because there is clear evidence

> that the University knew of the falling lights problem - one witness

was

> hit by such a light but happily not badly injured. Other employees on

> the QT speak of their knowledge of the light problems and the failure

to

> spend the money until after the injuries to Rebeca..

>

> If you have any questions I'll try to answer them.

>

> As everything stated here is true, I have no problem in this account

> being passed on. I would bwelcome any information others may have on

> this distressing matter.

> Thanks

>

> Ian

>

>

>

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

> Of Kent Peacock

> Sent: Friday, November 14, 2008 10:13 AM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: Re: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> ldskeptics-l mailing list

> ldskeptics-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>



This case should be governed by provincial OHS legislation.

Unfortunately,

it would appear the language in the Act is, perhaps deliberately, very

nebulous:



"worker" means a person engaged in an occupation.



?occupation? means every occupation, employment, business, calling or

pursuit over which the Legislature has jurisdiction, except

farming or ranching operations specified in the regulations, and

work in, to or around a private dwelling or any land used in connection

with the dwelling that is performed by an occupant or owner who lives in

the private dwelling or a household servant of the occupant or owner;





However, the employer has certain obligations under the same legislation,

one of which is that supervisors must review a safety orientation

checklist with each new employee. Such information must be provided to

all

new employees. If the university is not doing this currently with every

incoming student, they would appear to be in violation of the Act.





David





From mckenna at uleth.ca Sat Nov 15 00:12:37 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 00:12:39 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:











Message-ID:



David:



Interestingly, students are not (qua students) considered or deemed to be

workers for purposes of the Occupational Health and Safety Act (OHSA) for

the very reason that they provide no services to an employer. This need

not rule out their representation on the U of L Joint Health and Safety

Committee.



For several years, students were considered under the OHSA to be

independent sub-contractors working for the main contractor, the

University. Several years ago, Alberta Justice recommended that this be

stopped because, while students meet the requirement of "workers" under

the OHSA, the Alberta universities receive no services from students and

cannot be considered as employers of students under the OHSA.

For this reason students were dropped from the OHSA but not the Workers'

Compensation Act.

Weird eh?

Thanks

Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Ian McKenna wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Hi Kent and others.

>>

>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>> University Library (old building of course) when a metal light fixture

>> fell out if its socket, swung down and hit Rebeca at great speed and

>> with great force. She sustained injuries to her head, neck and back.

>> Because the Alberta Government are allowed by law to permit the WCB to

>> deem any class of persons to be employees of the Government of

Alberta.

>> Students (college, university and some secondary school) have been

>> deemed by a regulation to be workers under the Workers' Compensation

>> Act, whether or not they actually meet the legal test of employment,

>> which is the provision of services to another person. While some

>> students do provide services to universities and are rightly entitled

to

>> WCB coverage, students such as Rebeca did not provide services to the

>> University or the Government as she was employed by neither. This is

>> true of all students who merely attend classes and pay their tuition

>> fees.

>>

>> Rebeca learned of this the day after she sustained the injures when

>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>> documents. I was involved in assisting Rebeca to challenge the WCB

>> decision that she was an injured worker and therefore not eligible to

>> sue the University for negligently causing her injuries.

>> The internal appeal was denied but several years later - I recall 2005

-

>> the Workers' Compensation Appeals Commission ruled unanimously that

she

>> was not barred from suing the University (she had already filed such a

>> suit through a local lawyer) because neither the University nor the

>> Government was her employer.

>> The University appealed that decision to the Court of Queen's Bench

and

>> the single judge in Calgary ruled that the Appeals Commission had

erred

>> in law. That decision is publicly available which makes it no less

>> incoherent.

>> The judge ordered a review by the Appeals Commission and a new trio

>> adhered to the judge's decision.

>>

>> It would be fair to say that the Students' Union has done absolutely

>> nothing to protect students against this sort of rip-off. There is

>> essentially no benefit for students and the ruse merely transfers the

>> risk of injury due to the University's negligence to the student.

>> (Interestingly in the UK it is a criminal offence to insert into a

>> contract a disclaimer of liability to the other party for injuries

>> caused by one's negligence).

>> Rebeca did seek assistance from the SU but the President at that time

(I

>> don't remember her name) stated she could not help because she was a

>> member of the Board of Governors (whom Rebeca was suing) and therefore

>> would be in a conflict of interest, soluble only by her refusing to

get

>> the SU involved. I gather from Rebeca, this was the result of

>> Ex-President Tennant's advice to the then SU President. Bill Cade

>> adopted the same stance.

>>

>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>> afraid that this meant he would receive no payment of the contingency

>> fee. Rebeca was a talented student bound for grad studies at the time

of

>> the injuries but no longer mentally able to do the work required for

>> what was ironically to be in neuroscience.

>>

>> Having pitched (pro bono of course) Rebeca's case to both panels of

the

>> Appeals Commission, I am naturally biased in the legal arguments. The

>> University is of course pressing her for legal costs, likely

>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>> Commission does not pick up the costs.

>>

>> It is a fond hope that the University will ever compensate her or even

>> apologize for injuring her. In Tennant's era a management student (not

>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

minor

>> injury. This was not referred to the WCB and instead the student

>> received an out of court settlement. If the University had the ability

>> to settle that case, I fail to see why it should not do so in this

case.

>> I can say that Rebeca who lives locally remains traumatized by the

>> incident and the unfairness of the callous treatment she has received.

>> Were she allowed to take this to court, i.e. not be deemed an

employee,

>> her case would almost certainly succeed because there is clear

evidence

>> that the University knew of the falling lights problem - one witness

was

>> hit by such a light but happily not badly injured. Other employees on

>> the QT speak of their knowledge of the light problems and the failure

to

>> spend the money until after the injuries to Rebeca..

>>

>> If you have any questions I'll try to answer them.

>>

>> As everything stated here is true, I have no problem in this account

>> being passed on. I would bwelcome any information others may have on

>> this distressing matter.

>> Thanks

>>

>> Ian

>>

>>

>>

>>

>> -----Original Message-----

>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

>> Of Kent Peacock

>> Sent: Friday, November 14, 2008 10:13 AM

>> To: cafr-l, MailList

>> Cc: ldskeptics-l, MailList

>> Subject: Re: [CAFR-L] U of L's falling lights.

>>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

> Thank you Ian for this account.

>

> Since students are deemed to be employees, they logically should be

> represented on the Joint Health and Safety Committee. Undergraduate

> students currently are not, and never have been. As the current ULFA

> Alternate Rep on this Committee, I will raise this matter at our

monthly

> meeting next week.

>

> David

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>







From mckenna at uleth.ca Sat Nov 15 00:24:36 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 00:24:38 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:











Message-ID:



Tom and others

I like the idea of a letter signed by those willing to do so. While it

will not move the administration to any ethical position, it will be a

tremendous boost for Rebeca's morale and I dare say for the morale of

current students, many of whom must be bewitched bothered and bewildered

by it all.



The draft referred to students not being employees of the U of L (and

other universities and colleges). The Workers' Compensation Regulation

deems them employed by the Government of Alberta. That should be the

reference in the suggested letter.



Many thanks



Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------It has been suggested to me that I write a letter

to

> the editor (or

> that someone with more tact write a letter) and a number of us sign it.

> Here is my attempt. Remember, we want tact. Or could we have two

> versions, one which the tactless could sign?

> Tom

>

> Are students employees of the University?

>

> Professor Ian McKenna, in his recent letter to the editor, expressed

> his embarrassment that a student injured at the University of

> Lethbridge was judged to be an employee of the University and thus

> prohibited from bringing a lawsuit against the University. Professor

> McKenna asks whether others are embarrassed too. We are.

>

> If students are considered employees of the University, it must be the

> strangest employee status in the history of the world. Not only do

> students not get paid by the University, the University demands the

> reverse?that students pay the University?a concept foreign even in

> slave societies. If students are really employees of the University,

> perhaps they should sue the University for unpaid wages. At about 5000

> hours for a four-year degree, even at a McDonald's wage, that would be

> about $50,000. This could offset the huge student loan debt that

> students routinely accumulate, and it would make for a well attended

> convocation ceremony, as graduating students receive both a diploma

> and a cheque as they walk across the stage.

>

>

>

> On 14-Nov-08, at 1:18 PM, Ian McKenna wrote:

>

>> Hi Kent and others.

>>

>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>> University Library (old building of course) when a metal light fixture

>> fell out if its socket, swung down and hit Rebeca at great speed and

>> with great force. She sustained injuries to her head, neck and back.

>> Because the Alberta Government are allowed by law to permit the WCB to

>> deem any class of persons to be employees of the Government of

>> Alberta.

>> Students (college, university and some secondary school) have been

>> deemed by a regulation to be workers under the Workers' Compensation

>> Act, whether or not they actually meet the legal test of employment,

>> which is the provision of services to another person. While some

>> students do provide services to universities and are rightly

>> entitled to

>> WCB coverage, students such as Rebeca did not provide services to the

>> University or the Government as she was employed by neither. This is

>> true of all students who merely attend classes and pay their tuition

>> fees.

>>

>> Rebeca learned of this the day after she sustained the injures when

>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>> documents. I was involved in assisting Rebeca to challenge the WCB

>> decision that she was an injured worker and therefore not eligible to

>> sue the University for negligently causing her injuries.

>> The internal appeal was denied but several years later - I recall

>> 2005 -

>> the Workers' Compensation Appeals Commission ruled unanimously that

>> she

>> was not barred from suing the University (she had already filed such a

>> suit through a local lawyer) because neither the University nor the

>> Government was her employer.

>> The University appealed that decision to the Court of Queen's Bench

>> and

>> the single judge in Calgary ruled that the Appeals Commission had

>> erred

>> in law. That decision is publicly available which makes it no less

>> incoherent.

>> The judge ordered a review by the Appeals Commission and a new trio

>> adhered to the judge's decision.

>>

>> It would be fair to say that the Students' Union has done absolutely

>> nothing to protect students against this sort of rip-off. There is

>> essentially no benefit for students and the ruse merely transfers the

>> risk of injury due to the University's negligence to the student.

>> (Interestingly in the UK it is a criminal offence to insert into a

>> contract a disclaimer of liability to the other party for injuries

>> caused by one's negligence).

>> Rebeca did seek assistance from the SU but the President at that

>> time (I

>> don't remember her name) stated she could not help because she was a

>> member of the Board of Governors (whom Rebeca was suing) and therefore

>> would be in a conflict of interest, soluble only by her refusing to

>> get

>> the SU involved. I gather from Rebeca, this was the result of

>> Ex-President Tennant's advice to the then SU President. Bill Cade

>> adopted the same stance.

>>

>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>> afraid that this meant he would receive no payment of the contingency

>> fee. Rebeca was a talented student bound for grad studies at the

>> time of

>> the injuries but no longer mentally able to do the work required for

>> what was ironically to be in neuroscience.

>>

>> Having pitched (pro bono of course) Rebeca's case to both panels of

>> the

>> Appeals Commission, I am naturally biased in the legal arguments. The

>> University is of course pressing her for legal costs, likely

>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>> Commission does not pick up the costs.

>>

>> It is a fond hope that the University will ever compensate her or even

>> apologize for injuring her. In Tennant's era a management student (not

>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>> minor

>> injury. This was not referred to the WCB and instead the student

>> received an out of court settlement. If the University had the ability

>> to settle that case, I fail to see why it should not do so in this

>> case.

>> I can say that Rebeca who lives locally remains traumatized by the

>> incident and the unfairness of the callous treatment she has received.

>> Were she allowed to take this to court, i.e. not be deemed an

>> employee,

>> her case would almost certainly succeed because there is clear

>> evidence

>> that the University knew of the falling lights problem - one witness

>> was

>> hit by such a light but happily not badly injured. Other employees on

>> the QT speak of their knowledge of the light problems and the

>> failure to

>> spend the money until after the injuries to Rebeca..

>>

>> If you have any questions I'll try to answer them.

>>

>> As everything stated here is true, I have no problem in this account

>> being passed on. I would bwelcome any information others may have on

>> this distressing matter.

>> Thanks

>>

>> Ian

>>

>>

>>

>>

>> -----Original Message-----

>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>> Behalf

>> Of Kent Peacock

>> Sent: Friday, November 14, 2008 10:13 AM

>> To: cafr-l, MailList

>> Cc: ldskeptics-l, MailList

>> Subject: Re: [CAFR-L] U of L's falling lights.

>>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>>

>> _______________________________________________

>> ldskeptics-l mailing list

>> ldskeptics-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>

>







From vokey at uleth.ca Sat Nov 15 00:32:51 2008

From: vokey at uleth.ca (John Vokey)

Date: Sat Nov 15 00:32:53 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:













Message-ID:



Two (simple) things:

a) the law is stupid, ignorant and ugly: but it is the law of ALBERTA-

STAN

b) our response is not one of legality (as in: who gives a flying

phuck!), but moral rights. As we, the University, seriously injured

the student, we (the university) need to do every thing we can within

in reason to ameliorate that injury. Morally, we have no option. We

have to assist this poor woman. WE (the phucking collective we call

the U of L) NEEDS to do this. There is no option, other than the

degree of support. I vote for beggar ourselves before her. Really.

I cannot tolerate what we have done as an institution. Like most I

have interrogated on the issue, it was assumed by that we had settled

to the student's advantage. Nope. We (our university) are now suing

her for legal costs. Something is clearly phucked, and, for once, it

isn't my take on things. Or, I suspect, the take of most (all?) of us.



On 15-Nov-08, at 12:12 AM, Ian McKenna wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> David:

>

> Interestingly, students are not (qua students) considered or deemed

> to be

> workers for purposes of the Occupational Health and Safety Act

> (OHSA) for

> the very reason that they provide no services to an employer. This

> need

> not rule out their representation on the U of L Joint Health and

> Safety

> Committee.

>

> For several years, students were considered under the OHSA to be

> independent sub-contractors working for the main contractor, the

> University. Several years ago, Alberta Justice recommended that this

> be

> stopped because, while students meet the requirement of "workers"

> under

> the OHSA, the Alberta universities receive no services from students

> and

> cannot be considered as employers of students under the OHSA.

> For this reason students were dropped from the OHSA but not the

> Workers'

> Compensation Act.

> Weird eh?

> Thanks

> Ian

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> Ian McKenna wrote:

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>> Hi Kent and others.

>>>

>>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>>> University Library (old building of course) when a metal light

>>> fixture

>>> fell out if its socket, swung down and hit Rebeca at great speed and

>>> with great force. She sustained injuries to her head, neck and back.

>>> Because the Alberta Government are allowed by law to permit the

>>> WCB to

>>> deem any class of persons to be employees of the Government of

>>> Alberta.

>>> Students (college, university and some secondary school) have been

>>> deemed by a regulation to be workers under the Workers' Compensation

>>> Act, whether or not they actually meet the legal test of employment,

>>> which is the provision of services to another person. While some

>>> students do provide services to universities and are rightly

>>> entitled to

>>> WCB coverage, students such as Rebeca did not provide services to

>>> the

>>> University or the Government as she was employed by neither. This is

>>> true of all students who merely attend classes and pay their tuition

>>> fees.

>>>

>>> Rebeca learned of this the day after she sustained the injures when

>>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>>> documents. I was involved in assisting Rebeca to challenge the WCB

>>> decision that she was an injured worker and therefore not eligible

>>> to

>>> sue the University for negligently causing her injuries.

>>> The internal appeal was denied but several years later - I recall

>>> 2005 -

>>> the Workers' Compensation Appeals Commission ruled unanimously

>>> that she

>>> was not barred from suing the University (she had already filed

>>> such a

>>> suit through a local lawyer) because neither the University nor the

>>> Government was her employer.

>>> The University appealed that decision to the Court of Queen's

>>> Bench and

>>> the single judge in Calgary ruled that the Appeals Commission had

>>> erred

>>> in law. That decision is publicly available which makes it no less

>>> incoherent.

>>> The judge ordered a review by the Appeals Commission and a new trio

>>> adhered to the judge's decision.

>>>

>>> It would be fair to say that the Students' Union has done absolutely

>>> nothing to protect students against this sort of rip-off. There is

>>> essentially no benefit for students and the ruse merely transfers

>>> the

>>> risk of injury due to the University's negligence to the student.

>>> (Interestingly in the UK it is a criminal offence to insert into a

>>> contract a disclaimer of liability to the other party for injuries

>>> caused by one's negligence).

>>> Rebeca did seek assistance from the SU but the President at that

>>> time (I

>>> don't remember her name) stated she could not help because she was a

>>> member of the Board of Governors (whom Rebeca was suing) and

>>> therefore

>>> would be in a conflict of interest, soluble only by her refusing

>>> to get

>>> the SU involved. I gather from Rebeca, this was the result of

>>> Ex-President Tennant's advice to the then SU President. Bill Cade

>>> adopted the same stance.

>>>

>>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>>> afraid that this meant he would receive no payment of the

>>> contingency

>>> fee. Rebeca was a talented student bound for grad studies at the

>>> time of

>>> the injuries but no longer mentally able to do the work required for

>>> what was ironically to be in neuroscience.

>>>

>>> Having pitched (pro bono of course) Rebeca's case to both panels

>>> of the

>>> Appeals Commission, I am naturally biased in the legal arguments.

>>> The

>>> University is of course pressing her for legal costs, likely

>>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>>> Commission does not pick up the costs.

>>>

>>> It is a fond hope that the University will ever compensate her or

>>> even

>>> apologize for injuring her. In Tennant's era a management student

>>> (not

>>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>>> minor

>>> injury. This was not referred to the WCB and instead the student

>>> received an out of court settlement. If the University had the

>>> ability

>>> to settle that case, I fail to see why it should not do so in this

>>> case.

>>> I can say that Rebeca who lives locally remains traumatized by the

>>> incident and the unfairness of the callous treatment she has

>>> received.

>>> Were she allowed to take this to court, i.e. not be deemed an

>>> employee,

>>> her case would almost certainly succeed because there is clear

>>> evidence

>>> that the University knew of the falling lights problem - one

>>> witness was

>>> hit by such a light but happily not badly injured. Other employees

>>> on

>>> the QT speak of their knowledge of the light problems and the

>>> failure to

>>> spend the money until after the injuries to Rebeca..

>>>

>>> If you have any questions I'll try to answer them.

>>>

>>> As everything stated here is true, I have no problem in this account

>>> being passed on. I would bwelcome any information others may have on

>>> this distressing matter.

>>> Thanks

>>>

>>> Ian

>>>

>>>

>>>

>>>

>>> -----Original Message-----

>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>> Behalf

>>> Of Kent Peacock

>>> Sent: Friday, November 14, 2008 10:13 AM

>>> To: cafr-l, MailList

>>> Cc: ldskeptics-l, MailList

>>> Subject: Re: [CAFR-L] U of L's falling lights.

>>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>> Thank you Ian for this account.

>>

>> Since students are deemed to be employees, they logically should be

>> represented on the Joint Health and Safety Committee. Undergraduate

>> students currently are not, and never have been. As the current ULFA

>> Alternate Rep on this Committee, I will raise this matter at our

>> monthly

>> meeting next week.

>>

>> David

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From mckenna at uleth.ca Sat Nov 15 00:40:56 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 00:40:58 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:















Message-ID:



John:

While I have little faith in the University administration's morality,

your idea would attract media interest in and beyond Alberta. A copy of

the letter might also go to our two MLAs. If students got on board here,

we might also consider a petition to the Legislature. The

administration's

position will be that their hands are (conveniently) tied by the law.



It is interesting that there was a recent falling of lights elsewhere in

the University - no casualties mercifully. However this does raise

questions about how important student, faculty, administrative staff, and

APOs is.



Thanks



Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> I think we should also write a letter to the President and the Board

> requesting that the university explicitly divorce itself from this

> interpretation of the WCB, and/or it work out a fair compensation

> package for the student in question.

>

> On 14-Nov-08, at 2:04 PM, John Vokey wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> Works for me; I'll sign.

>>

>> On 14-Nov-08, at 2:03 PM, Tom Robinson wrote:

>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the content

>>> of their messages.

>>>

>>> --------------------

>>> It has been suggested to me that I write a letter to the editor (or

>>> that someone with more tact write a letter) and a number of us sign

>>> it.

>>> Here is my attempt. Remember, we want tact. Or could we have two

>>> versions, one which the tactless could sign?

>>> Tom

>>>

>>> Are students employees of the University?

>>>

>>> Professor Ian McKenna, in his recent letter to the editor,

>>> expressed his embarrassment that a student injured at the

>>> University of Lethbridge was judged to be an employee of the

>>> University and thus prohibited from bringing a lawsuit against the

>>> University. Professor McKenna asks whether others are embarrassed

>>> too. We are.

>>>

>>> If students are considered employees of the University, it must be

>>> the strangest employee status in the history of the world. Not only

>>> do students not get paid by the University, the University demands

>>> the reverse?that students pay the University?a concept foreign even

>>> in slave societies. If students are really employees of the

>>> University, perhaps they should sue the University for unpaid

>>> wages. At about 5000 hours for a four-year degree, even at a

>>> McDonald's wage, that would be about $50,000. This could offset the

>>> huge student loan debt that students routinely accumulate, and it

>>> would make for a well attended convocation ceremony, as graduating

>>> students receive both a diploma and a cheque as they walk across

>>> the stage.

>>>

>>>

>>>

>>> On 14-Nov-08, at 1:18 PM, Ian McKenna wrote:

>>>

>>>> Hi Kent and others.

>>>>

>>>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>>>> University Library (old building of course) when a metal light

>>>> fixture

>>>> fell out if its socket, swung down and hit Rebeca at great speed and

>>>> with great force. She sustained injuries to her head, neck and back.

>>>> Because the Alberta Government are allowed by law to permit the

>>>> WCB to

>>>> deem any class of persons to be employees of the Government of

>>>> Alberta.

>>>> Students (college, university and some secondary school) have been

>>>> deemed by a regulation to be workers under the Workers' Compensation

>>>> Act, whether or not they actually meet the legal test of employment,

>>>> which is the provision of services to another person. While some

>>>> students do provide services to universities and are rightly

>>>> entitled to

>>>> WCB coverage, students such as Rebeca did not provide services to

>>>> the

>>>> University or the Government as she was employed by neither. This is

>>>> true of all students who merely attend classes and pay their tuition

>>>> fees.

>>>>

>>>> Rebeca learned of this the day after she sustained the injures when

>>>> Edith Hepburn arrived at her bedside to obtain her signature of WCB

>>>> documents. I was involved in assisting Rebeca to challenge the WCB

>>>> decision that she was an injured worker and therefore not eligible

>>>> to

>>>> sue the University for negligently causing her injuries.

>>>> The internal appeal was denied but several years later - I recall

>>>> 2005 -

>>>> the Workers' Compensation Appeals Commission ruled unanimously

>>>> that she

>>>> was not barred from suing the University (she had already filed

>>>> such a

>>>> suit through a local lawyer) because neither the University nor the

>>>> Government was her employer.

>>>> The University appealed that decision to the Court of Queen's

>>>> Bench and

>>>> the single judge in Calgary ruled that the Appeals Commission had

>>>> erred

>>>> in law. That decision is publicly available which makes it no less

>>>> incoherent.

>>>> The judge ordered a review by the Appeals Commission and a new trio

>>>> adhered to the judge's decision.

>>>>

>>>> It would be fair to say that the Students' Union has done absolutely

>>>> nothing to protect students against this sort of rip-off. There is

>>>> essentially no benefit for students and the ruse merely transfers

>>>> the

>>>> risk of injury due to the University's negligence to the student.

>>>> (Interestingly in the UK it is a criminal offence to insert into a

>>>> contract a disclaimer of liability to the other party for injuries

>>>> caused by one's negligence).

>>>> Rebeca did seek assistance from the SU but the President at that

>>>> time (I

>>>> don't remember her name) stated she could not help because she was a

>>>> member of the Board of Governors (whom Rebeca was suing) and

>>>> therefore

>>>> would be in a conflict of interest, soluble only by her refusing

>>>> to get

>>>> the SU involved. I gather from Rebeca, this was the result of

>>>> Ex-President Tennant's advice to the then SU President. Bill Cade

>>>> adopted the same stance.

>>>>

>>>> Rebeca's lawyer ditched the case after the Queen's Bench decision,

>>>> afraid that this meant he would receive no payment of the

>>>> contingency

>>>> fee. Rebeca was a talented student bound for grad studies at the

>>>> time of

>>>> the injuries but no longer mentally able to do the work required for

>>>> what was ironically to be in neuroscience.

>>>>

>>>> Having pitched (pro bono of course) Rebeca's case to both panels

>>>> of the

>>>> Appeals Commission, I am naturally biased in the legal arguments.

>>>> The

>>>> University is of course pressing her for legal costs, likely

>>>> unattainable as Rebeca will likely declare bankruptcy if the Appeals

>>>> Commission does not pick up the costs.

>>>>

>>>> It is a fond hope that the University will ever compensate her or

>>>> even

>>>> apologize for injuring her. In Tennant's era a management student

>>>> (not

>>>> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

>>>> minor

>>>> injury. This was not referred to the WCB and instead the student

>>>> received an out of court settlement. If the University had the

>>>> ability

>>>> to settle that case, I fail to see why it should not do so in this

>>>> case.

>>>> I can say that Rebeca who lives locally remains traumatized by the

>>>> incident and the unfairness of the callous treatment she has

>>>> received.

>>>> Were she allowed to take this to court, i.e. not be deemed an

>>>> employee,

>>>> her case would almost certainly succeed because there is clear

>>>> evidence

>>>> that the University knew of the falling lights problem - one

>>>> witness was

>>>> hit by such a light but happily not badly injured. Other employees

>>>> on

>>>> the QT speak of their knowledge of the light problems and the

>>>> failure to

>>>> spend the money until after the injuries to Rebeca..

>>>>

>>>> If you have any questions I'll try to answer them.

>>>>

>>>> As everything stated here is true, I have no problem in this account

>>>> being passed on. I would bwelcome any information others may have on

>>>> this distressing matter.

>>>> Thanks

>>>>

>>>> Ian

>>>>

>>>>

>>>>

>>>>

>>>> -----Original Message-----

>>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>>> Behalf

>>>> Of Kent Peacock

>>>> Sent: Friday, November 14, 2008 10:13 AM

>>>> To: cafr-l, MailList

>>>> Cc: ldskeptics-l, MailList

>>>> Subject: Re: [CAFR-L] U of L's falling lights.

>>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated

>>>> list and posters are solely responsible for the content of their

>>>> messages.

>>>>

>>>> --------------------

>>>>

>>>> _______________________________________________

>>>> ldskeptics-l mailing list

>>>> ldskeptics-l@uleth.ca

>>>> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>> --

>> Everything of value that people get from religion can be had more

>> honestly, without presuming anything on insufficient evidence. The

>> rest is self-deception, set to music. - Sam Harris

>>

>> Dr John R. Vokey

>> vokey@uleth.ca

>>

>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> --

> Everything of value that people get from religion can be had more

> honestly, without presuming anything on insufficient evidence. The

> rest is self-deception, set to music. - Sam Harris

>

> Dr John R. Vokey

> vokey@uleth.ca

>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>







From mckenna at uleth.ca Sat Nov 15 01:06:03 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 01:06:04 2008

Subject: [CAFR-L] U of L's falling lights.

Message-ID:



Kent:

I can't see the administration changing its tune. It has had several

opportunities to do so but did not. One way of embarrassing the

administration would be if faculty, undergrad students and grad students

voiced complaints and backed them up with cash. $1 per student would net

something in the regional of $7000. $20 per faculty member would I guess

accumulate $4000. Of course by no means will everyone contribute but

those

who do will likely contribute more than suggested above. There are also

other possibilties for fundraising. A jail with no bail event would be

interesting where people contribute money to keep the relevant

administrators behind bars would work for me.



We would likely generate media attention and we could play it one of two

ways. Ask the administration to match the amount raised by faculty and

students or simply portray the administration as callous

golddiggers....not in itself difficult.



Thanks so much for your concern.

Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Ian --

>

> Many thanks for the clarification. This is disgraceful and profoundly

> embarrassing to this University. Is there anything that could be done,

> apart from engaging in a long and probably futile battle to embarrass

> the University publicly enough that it does the right thing? Any ideas

> out there?

>

>

> Kent

>

>

>

>

>

> Ian McKenna wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Hi Kent and others.

>>

>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>> University Library (old building of course) when a metal light fixture

>> fell out if its socket, swung down and hit Rebeca at great speed and

>> with great force. She sustained injuries to her head, neck and back.

>> Because the Alberta Government are allowed by law to permit the WCB to

>> deem any class of persons to be employees of the Government of

Alberta.

>> Students (college, university and some secondary school) have been

>> deemed by a regulation to be workers under the Workers' Compensation

>> Act, whether or not they actually meet the legal test of employment,

>> which is the provision





From dan.johnson at uleth.ca Sat Nov 15 01:58:30 2008

From: dan.johnson at uleth.ca (Johnson, Dan)

Date: Sat Nov 15 01:58:55 2008

Subject: [CAFR-L] U of L's falling lights.

References:

Message-ID:





Now you are talking. A letter will seem "merely academic" unless we have

also offer something substantial that backs up the sentiment. Signing a

cheque speaks more loudly than signing a protest (and both are better,

still). Who collects, and how? I'll donate right away. It's one thing

to bankrupt outspoken faculty who had a choice, and who make good

salaries, and quite another thing entirely to financially abuse a student

who was simply sitting in the library, in harm's way.



Question: Does the student currently have legal counsel? Are we sure the

student and her representatives are OK with this plan, the publicity and

the collection of funds? If so, then we need a collection point.









-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Ian McKenna

Sent: Sat 11/15/2008 1:06 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Kent:

I can't see the administration changing its tune. It has had several

opportunities to do so but did not. One way of embarrassing the

administration would be if faculty, undergrad students and grad students

voiced complaints and backed them up with cash. $1 per student would net

something in the regional of $7000. $20 per faculty member would I guess

accumulate $4000. Of course by no means will everyone contribute but

those

who do will likely contribute more than suggested above. There are also

other possibilties for fundraising. A jail with no bail event would be

interesting where people contribute money to keep the relevant

administrators behind bars would work for me.

We would likely generate media attention and we could play it one of two

ways. Ask the administration to match the amount raised by faculty and

students or simply portray the administration as callous

golddiggers....not in itself difficult.



Thanks so much for your concern.

Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Ian --

>

> Many thanks for the clarification. This is disgraceful and profoundly

> embarrassing to this University. Is there anything that could be done,

> apart from engaging in a long and probably futile battle to embarrass

> the University publicly enough that it does the right thing? Any ideas

> out there?

>

>

> Kent

>

>

>

>

>

> Ian McKenna wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Hi Kent and others.

>>

>> In November 1999, Rebeca Larreynaga was reading a textbook in the

>> University Library (old building of course) when a metal light fixture

>> fell out if its socket, swung down and hit Rebeca at great speed and

>> with great force. She sustained injuries to her head, neck and back.

>> Because the Alberta Government are allowed by law to permit the WCB to

>> deem any class of persons to be employees of the Government of

Alberta.

>> Students (college, university and some secondary school) have been

>> deemed by a regulation to be workers under the Workers' Compensation

>> Act, whether or not they actually meet the legal test of employment,

>> which is the provision





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l

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From robinson at uleth.ca Sat Nov 15 06:05:14 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sat Nov 15 06:05:20 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:

Message-ID:



I think there are two issues here. One is the particular case of this

student, and we don't have the medical history of the injury and

resulting complications. Someone suggested that the student might be

trying to milk the system, and no one would favour that--well, except

for senior administrators whose excessive salaries suggest that they

favour milking. Whatever the case here, it is strange that it is being

resolved by classifying the student as an employee. If she is trying

to milk the system, let that be the legal ground for the rejection of

her claim--not an appeal to some fiction of the student as an

employee, which would seem to accept that the student was injured but

not entitled to sue. That the University is now suing the student for

legal costs is a sad reflection on the case and an embarrassment to all.



The other issue, and I thing the principal one here, is that the

classification of students as employees is simply stupid and

fundamental wrong. The OHSA seems to have recognized that, as would

almost anyone beyond grade three. Indeed, I think my two-year-old

grandson would have a better sense than our administrators on that

issue (and other issues, but I digress). What is particularly

troubling is the ability of those in power (at whatever level--courts,

legislators, administrators) are able to classify people simply by

definition, without any need for that definition to have a basis in

reality. Were anyone else to do that, their definitions would be

disregarded--the "anyone owning a blue car is a jaywalker" kind of

silliness, or, more dangerously, the"anyone who criticizes government

is a terrorist or traitor" kind of silliness. To both, we would simply

reply, "NO." Such definitions are defective and cannot be used in

meaningful discourse. So with the classification of students as

employees.



Someone (Rick? John? Bill? (oh, cross out the last one) should draft a

letter that we can sign, and this letter should be circulated as

widely as possible (nationally would be good). I will put my nuanced

and tactful comments on the onebananashort site, but I would be very

happy, as well, to put you all in tainted company by signing the same

letter that you sign.



Tom

From robinson at uleth.ca Sat Nov 15 07:20:33 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sat Nov 15 07:20:43 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:



Message-ID:



For all those who have caught the several errors in my previous post,

please do not criticize unless your day started at 4 am too--with the

first cup of coffee yet to release its full power.

Tom



On 15-Nov-08, at 6:05 AM, Tom Robinson wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> I think there are two issues here. One is the particular case of

> this student, and we don't have the medical history of the injury

> and resulting complications. Someone suggested that the student

> might be trying to milk the system, and no one would favour that--

> well, except for senior administrators whose excessive salaries

> suggest that they favour milking. Whatever the case here, it is

> strange that it is being resolved by classifying the student as an

> employee. If she is trying to milk the system, let that be the legal

> ground for the rejection of her claim--not an appeal to some fiction

> of the student as an employee, which would seem to accept that the

> student was injured but not entitled to sue. That the University is

> now suing the student for legal costs is a sad reflection on the

> case and an embarrassment to all.

>

> The other issue, and I thing the principal one here, is that the

> classification of students as employees is simply stupid and

> fundamental wrong. The OHSA seems to have recognized that, as would

> almost anyone beyond grade three. Indeed, I think my two-year-old

> grandson would have a better sense than our administrators on that

> issue (and other issues, but I digress). What is particularly

> troubling is the ability of those in power (at whatever level--

> courts, legislators, administrators) are able to classify people

> simply by definition, without any need for that definition to have a

> basis in reality. Were anyone else to do that, their definitions

> would be disregarded--the "anyone owning a blue car is a jaywalker"

> kind of silliness, or, more dangerously, the"anyone who criticizes

> government is a terrorist or traitor" kind of silliness. To both, we

> would simply reply, "NO." Such definitions are defective and cannot

> be used in meaningful discourse. So with the classification of

> students as employees.

>

> Someone (Rick? John? Bill? (oh, cross out the last one) should draft

> a letter that we can sign, and this letter should be circulated as

> widely as possible (nationally would be good). I will put my nuanced

> and tactful comments on the onebananashort site, but I would be very

> happy, as well, to put you all in tainted company by signing the

> same letter that you sign.

>

> Tom

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From james.linville at uleth.ca Sat Nov 15 08:30:41 2008

From: james.linville at uleth.ca (Linville, James)

Date: Sat Nov 15 08:30:44 2008

Subject: [CAFR-L] U of L's falling lights.

References:



Message-ID:



I will sign/donate, what ever.



I think what we do need to do for the long term is start a campaign to

get the government to define students as students. Why do people in an

educational institution need to be defined as "customers", "employees" or

whatever. What the hell is so mysterious about the word "student" that it

can't be used? I think we need to push the Gov. into recognizing that the

circumstances of students in their respective institutions is unique

enough a situation to require its own body of laws etc. to define rights,

obligations, liability and so forth.



I think we should do what we can for the particular student (and it

should include an open letter with lots of signatures in the

Meliorist...we should embarrass the S.U. into action as well), and we

should perhaps try to put a little pressure on the MLAs, premier, etc.

for proper recognition of the student/institution relationship.





Jim







James Linville

Dept. of Religious Studies

University of Lethbridge

403-329-2537







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Tom Robinson

Sent: Sat 11/15/2008 6:05 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

I think there are two issues here. One is the particular case of this

student, and we don't have the medical history of the injury and

resulting complications. Someone suggested that the student might be

trying to milk the system, and no one would favour that--well, except

for senior administrators whose excessive salaries suggest that they

favour milking. Whatever the case here, it is strange that it is being

resolved by classifying the student as an employee. If she is trying

to milk the system, let that be the legal ground for the rejection of

her claim--not an appeal to some fiction of the student as an

employee, which would seem to accept that the student was injured but

not entitled to sue. That the University is now suing the student for

legal costs is a sad reflection on the case and an embarrassment to all.



The other issue, and I thing the principal one here, is that the

classification of students as employees is simply stupid and

fundamental wrong. The OHSA seems to have recognized that, as would

almost anyone beyond grade three. Indeed, I think my two-year-old

grandson would have a better sense than our administrators on that

issue (and other issues, but I digress). What is particularly

troubling is the ability of those in power (at whatever level--courts,

legislators, administrators) are able to classify people simply by

definition, without any need for that definition to have a basis in

reality. Were anyone else to do that, their definitions would be

disregarded--the "anyone owning a blue car is a jaywalker" kind of

silliness, or, more dangerously, the"anyone who criticizes government

is a terrorist or traitor" kind of silliness. To both, we would simply

reply, "NO." Such definitions are defective and cannot be used in

meaningful discourse. So with the classification of students as

employees.



Someone (Rick? John? Bill? (oh, cross out the last one) should draft a

letter that we can sign, and this letter should be circulated as

widely as possible (nationally would be good). I will put my nuanced

and tactful comments on the onebananashort site, but I would be very

happy, as well, to put you all in tainted company by signing the same

letter that you sign.



Tom







_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From mckenna at uleth.ca Sat Nov 15 09:01:06 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 09:01:08 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:











Message-ID:







The Alberta Government (who else?) has produced the classic Henry VIII

clause. That is, a subservient legislature passes legislation permitting

the King (government) to do anything it likes. In this case the

government

and the WCB have been awarded power to deem any class of persons to be

workers and therefore denied their right of legal action. The effect is

to

transfer the "employer's" risk of paying for its own negligence to the

"worker" the student.



Yes it is an ethical issue now rather than a legal one - as John

indicated.

Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------







From mckenna at uleth.ca Sat Nov 15 09:11:17 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 09:11:18 2008

Subject: [CAFR-L] U of L's falling lights.

Message-ID:

Such a letter would do no harm. Of course this implicates the Lethbridge

College (who used this ploy to avoid injuries sustained by a 10 year old

girl in the course of a community course at the College. The letter would

need to point to all Alberta universities and colleges as well as

secondary schools where students in shop and cullinary classes are deemed

employees!

A good idea I'd say.

I

Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Further to Kent's worry that any attempt to embarrass the University

> publicly over this issue would be future, I dunno, why not give it a

> try?! Publish an article in the Lethbridge Herald that says something

> like this:

>

> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>

> The University of Lethbridge has adopted the legal fiction - a fiction

> endorsed by the courts in Alberta - that students are employees of the

> University. Accordingly, if a student is injured on the 'job' - as one

> recently was - he or she cannot sue, but can only seek the much reduced

> compensation available through the Workers Compensation Board. Worse

> yet, the University is currently seeking legal costs from her for her

> unsuccessfully appealing this fiction to the courts. Parents would be

> well advised to consider this before enrolling their children at the U.

> of L.

>

> If this doesn't embarrass the University and/or reduce enrollment,

well,

> at least students and their parents have been put on notice, which, I

> suppose, is all they're really entitled to. - Paul

>

>

> Kent Peacock wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Ian --

>>

>> Many thanks for the clarification. This is disgraceful and profoundly

>> embarrassing to this University. Is there anything that could be

>> done, apart from engaging in a long and probably futile battle to

>> embarrass the University publicly enough that it does the right

>> thing? Any ideas out there?

>>

>> Kent

>>

>>

>>

%0





From robinson at uleth.ca Sat Nov 15 09:38:06 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sat Nov 15 09:38:10 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:

Message-ID:



If students are considered employees, does WCB pay only for lost

salary, and would this mean that students would receive nothing as a

result of their injuries since their salary is zero?

Tom



On 15-Nov-08, at 9:11 AM, Ian McKenna wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Such a letter would do no harm. Of course this implicates the

> Lethbridge

> College (who used this ploy to avoid injuries sustained by a 10 year

> old

> girl in the course of a community course at the College. The letter

> would

> need to point to all Alberta universities and colleges as well as

> secondary schools where students in shop and cullinary classes are

> deemed

> employees!

> A good idea I'd say.

> I

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> Further to Kent's worry that any attempt to embarrass the University

>> publicly over this issue would be future, I dunno, why not give it a

>> try?! Publish an article in the Lethbridge Herald that says something

>> like this:

>>

>> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>>

>> The University of Lethbridge has adopted the legal fiction - a

>> fiction

>> endorsed by the courts in Alberta - that students are employees of

>> the

>> University. Accordingly, if a student is injured on the 'job' - as

>> one

>> recently was - he or she cannot sue, but can only seek the much

>> reduced

>> compensation available through the Workers Compensation Board. Worse

>> yet, the University is currently seeking legal costs from her for her

>> unsuccessfully appealing this fiction to the courts. Parents would be

>> well advised to consider this before enrolling their children at

>> the U.

>> of L.

>>

>> If this doesn't embarrass the University and/or reduce enrollment,

>> well,

>> at least students and their parents have been put on notice, which, I

>> suppose, is all they're really entitled to. - Paul

>>

>>

>> Kent Peacock wrote:

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>> Ian --

>>>

>>> Many thanks for the clarification. This is disgraceful and

>>> profoundly

>>> embarrassing to this University. Is there anything that could be

>>> done, apart from engaging in a long and probably futile battle to

>>> embarrass the University publicly enough that it does the right

>>> thing? Any ideas out there?

>>>

>>> Kent

>>>

>>>

>>>

> %0

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From james.linville at uleth.ca Sat Nov 15 09:39:39 2008

From: james.linville at uleth.ca (Linville, James)

Date: Sat Nov 15 09:41:32 2008

Subject: [CAFR-L] U of L's falling lights.

References:



Message-ID:



Since students must PAY for the privilege to be employees of the

government, perhaps the student's tuition is increased to compensate the

WCB for their efforts on their behalf...

James Linville

Dept. of Religious Studies

University of Lethbridge

403-329-2537







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Tom Robinson

Sent: Sat 11/15/2008 9:38 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

If students are considered employees, does WCB pay only for lost

salary, and would this mean that students would receive nothing as a

result of their injuries since their salary is zero?

Tom



On 15-Nov-08, at 9:11 AM, Ian McKenna wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Such a letter would do no harm. Of course this implicates the

> Lethbridge

> College (who used this ploy to avoid injuries sustained by a 10 year

> old

> girl in the course of a community course at the College. The letter

> would

> need to point to all Alberta universities and colleges as well as

> secondary schools where students in shop and cullinary classes are

> deemed

> employees!

> A good idea I'd say.

> I

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> Further to Kent's worry that any attempt to embarrass the University

>> publicly over this issue would be future, I dunno, why not give it a

>> try?! Publish an article in the Lethbridge Herald that says something

>> like this:

>>

>> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>>

>> The University of Lethbridge has adopted the legal fiction - a

>> fiction

>> endorsed by the courts in Alberta - that students are employees of

>> the

>> University. Accordingly, if a student is injured on the 'job' - as

>> one

>> recently was - he or she cannot sue, but can only seek the much

>> reduced

>> compensation available through the Workers Compensation Board. Worse

>> yet, the University is currently seeking legal costs from her for her

>> unsuccessfully appealing this fiction to the courts. Parents would be

>> well advised to consider this before enrolling their children at

>> the U.

>> of L.

>>

>> If this doesn't embarrass the University and/or reduce enrollment,

>> well,

>> at least students and their parents have been put on notice, which, I

>> suppose, is all they're really entitled to. - Paul

>>

>>

>> Kent Peacock wrote:

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>> Ian --

>>>

>>> Many thanks for the clarification. This is disgraceful and

>>> profoundly

>>> embarrassing to this University. Is there anything that could be

>>> done, apart from engaging in a long and probably futile battle to

>>> embarrass the University publicly enough that it does the right

>>> thing? Any ideas out there?

>>>

>>> Kent

>>>

>>>

>>>

> %0

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From dan.johnson at uleth.ca Sat Nov 15 09:42:32 2008

From: dan.johnson at uleth.ca (Johnson, Dan)

Date: Sat Nov 15 09:49:01 2008

Subject: [CAFR-L] U of L's falling lights.

References:





Message-ID:





More recent e.g., Charter Clause 33?



-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Ian McKenna

Sent: Sat 11/15/2008 9:01 AM

To: cafr-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------





The Alberta Government (who else?) has produced the classic Henry VIII

clause. That is, a subservient legislature passes legislation permitting

the King (government) to do anything it likes. In this case the

government

and the WCB have been awarded power to deem any class of persons to be

workers and therefore denied their right of legal action. The effect is

to

transfer the "employer's" risk of paying for its own negligence to the

"worker" the student.



Yes it is an ethical issue now rather than a legal one - as John

indicated.

Ian

Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------







_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From daniel.odonnell at uleth.ca Sat Nov 15 10:37:00 2008

From: daniel.odonnell at uleth.ca (O'Donnell, Dan)

Date: Sat Nov 15 10:51:03 2008

Subject: [CAFR-L] U of L's falling lights.

Message-ID:



I agree with Paul. But I'd say the Globe and Mail. And an article perhaps

collecting examples to attack the larger questions of



a) the situation as the logical outcome of the trend to not seeing

students as students



b) the increasingly moral bankrupcy of university and college

administrations that are not resisting but rather taking advantage of

this crazy law.



When I worked as a speechwriter I used to tell politicians that you lost

arguments if you couldn't phrase your position so that superman agreed

with you. There is no way of superman-izing the U of L or province's

position on this: it just looks terrible and it will attract attention

like flies to the proverbial pile. This case and the case of the college

girl have a very clarifying effect on the issue.



I suppose the question is 'how forward?'



Dan @ Treo



-----Original Message-----



From: "Ian McKenna"

Subj: Re: [CAFR-L] U of L's falling lights.

Date: Sat 15 Nov 2008 9:11

Size: 2K

To: "Faculty Caucus for Academic Freedom and Responsibility mailing

list"

cc: "ldskeptics-l, MailList"

Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Such a letter would do no harm. Of course this implicates the Lethbridge

College (who used this ploy to avoid injuries sustained by a 10 year old

girl in the course of a community course at the College. The letter would

need to point to all Alberta universities and colleges as well as

secondary schools where students in shop and cullinary classes are deemed

employees!

A good idea I'd say.

I

Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Further to Kent's worry that any attempt to embarrass the University

> publicly over this issue would be future, I dunno, why not give it a

> try?! Publish an article in the Lethbridge Herald that says something

> like this:

>

> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>

> The University of Lethbridge has adopted the legal fiction - a fiction

> endorsed by the courts in Alberta - that students are employees of the

> University. Accordingly, if a student is injured on the 'job' - as one

> recently was - he or she cannot sue, but can only seek the much reduced

> compensation available through the Workers Compensation Board. Worse

> yet, the University is currently seeking legal costs from her for her

> unsuccessfully appealing this fiction to the courts. Parents would be

> well advised to consider this before enrolling their children at the U.

> of L.

>

> If this doesn't embarrass the University and/or reduce enrollment,

well,

> at least students and their parents have been put on notice, which, I

> suppose, is all they're really entitled to. - Paul

>

>

> Kent Peacock wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Ian --

>>

>> Many thanks for the clarification. This is disgraceful and profoundly

>> embarrassing to this University. Is there anything that could be

>> done, apart from engaging in a long and probably futile battle to

>> embarrass the University publicly enough that it does the right

>> thing? Any ideas out there?

>>

>> Kent

>>

>>

>>

%0





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l





From james.linville at uleth.ca Sat Nov 15 11:03:30 2008

From: james.linville at uleth.ca (Linville, James)

Date: Sat Nov 15 11:03:33 2008

Subject: [CAFR-L] U of L's falling lights.

References:

Message-ID:



Dan O'D asks "how forward?"

One step may be to solidify CAFR's existence and identity beyond a

subscriber -e-list. Letters and articles are likely to get lost in the

shuffle. In the very least, we should get a permanent website and use it

to post our own position statements, archive our letters, and whatever

publicity we earn. We could document various cases and so forth.



This would be a good focal point for widening the discussion beyond the U

of L.. and giving us a presence that the media and faculty of other

institutions to join or just listen in and hopefully get inspired to work

for a better system.



If we do go that route, though, we would need a webmaster, editor, etc.

and probably someone as chairperson to as a contact person. This would

mean a degree of organization that CAFR at present does not have.

I also wonder if it should be separate from CAFR per se, or if CAFR

should evolve into an organization (however loose) that has a wider

mandate.



Any, I'm not very good at websites or anything like that , but this might

be a way to make a bit of progress.



In the very least, we must reassure the student body that the actions of

the admin or government does not reflect the opinions of the faculty, and

that we really do care about their well being on campus.





Jim

James Linville

Dept. of Religious Studies

University of Lethbridge

403-329-2537







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of O'Donnell, Dan

Sent: Sat 11/15/2008 10:37 AM

To: cafr-l, MailList; cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

I agree with Paul. But I'd say the Globe and Mail. And an article perhaps

collecting examples to attack the larger questions of



a) the situation as the logical outcome of the trend to not seeing

students as students



b) the increasingly moral bankrupcy of university and college

administrations that are not resisting but rather taking advantage of

this crazy law.



When I worked as a speechwriter I used to tell politicians that you lost

arguments if you couldn't phrase your position so that superman agreed

with you. There is no way of superman-izing the U of L or province's

position on this: it just looks terrible and it will attract attention

like flies to the proverbial pile. This case and the case of the college

girl have a very clarifying effect on the issue.



I suppose the question is 'how forward?'



Dan @ Treo



-----Original Message-----



From: "Ian McKenna"

Subj: Re: [CAFR-L] U of L's falling lights.

Date: Sat 15 Nov 2008 9:11

Size: 2K

To: "Faculty Caucus for Academic Freedom and Responsibility mailing

list"

cc: "ldskeptics-l, MailList"



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

--------------------

Such a letter would do no harm. Of course this implicates the Lethbridge

College (who used this ploy to avoid injuries sustained by a 10 year old

girl in the course of a community course at the College. The letter would

need to point to all Alberta universities and colleges as well as

secondary schools where students in shop and cullinary classes are deemed

employees!

A good idea I'd say.

I

Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Further to Kent's worry that any attempt to embarrass the University

> publicly over this issue would be future, I dunno, why not give it a

> try?! Publish an article in the Lethbridge Herald that says something

> like this:

>

> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>

> The University of Lethbridge has adopted the legal fiction - a fiction

> endorsed by the courts in Alberta - that students are employees of the

> University. Accordingly, if a student is injured on the 'job' - as one

> recently was - he or she cannot sue, but can only seek the much reduced

> compensation available through the Workers Compensation Board. Worse

> yet, the University is currently seeking legal costs from her for her

> unsuccessfully appealing this fiction to the courts. Parents would be

> well advised to consider this before enrolling their children at the U.

> of L.

>

> If this doesn't embarrass the University and/or reduce enrollment,

well,

> at least students and their parents have been put on notice, which, I

> suppose, is all they're really entitled to. - Paul

>

>

> Kent Peacock wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Ian --

>>

>> Many thanks for the clarification. This is disgraceful and profoundly

>> embarrassing to this University. Is there anything that could be

>> done, apart from engaging in a long and probably futile battle to

>> embarrass the University publicly enough that it does the right

>> thing? Any ideas out there?

>>

>> Kent

>>

>>

>>

%0





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From daniel.odonnell at uleth.ca Sat Nov 15 11:04:00 2008

From: daniel.odonnell at uleth.ca (O'Donnell, Dan)

Date: Sat Nov 15 11:06:03 2008

Subject: [CAFR-L] List Moderation

Message-ID:



Hi all,



while this vigorous discussion is going on, I'd like to raise an

administrative question about list moderation/administration.



There is no moderation, which I think is a good thing: people should take

responsibility for what they say and be open about what they think and

half the problems at the U of L and elsewhere would disappear.



But it doesn't seem reasobnable in that light to have a single list

administrator. We can't be fully open in the sense of 'let anybody

subscribe automatically' because then we open ourselves up to spammers

and the like. But we should be more hydra-headed.



Should we keep a single admin but make it an elected position (I suppose

as close to a chair as this group would have)? Of should we go to

multiple administrators? I think the former option might be best. But

either way, I think we should move to make the collective ownership of

the list more obvious.



My proposal would be that we go to elected or simply alphabetically

rotating, 1 year list adminstration, perhaps following the calendar year.



Dan @ Treo



From kent.peacock at uleth.ca Sat Nov 15 11:36:37 2008

From: kent.peacock at uleth.ca (Kent Peacock)

Date: Sat Nov 15 11:36:45 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:

Message-ID:



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From dan.johnson at uleth.ca Sat Nov 15 12:39:53 2008

From: dan.johnson at uleth.ca (Johnson, Dan)

Date: Sat Nov 15 12:42:04 2008

Subject: [CAFR-L] List Moderation

References:

Message-ID:





It makes sense to have several moderators. A warning: I have managed 6

or 7 U of L lists over the past decade, and within a year or two the

spammers always find the list address and basically destroy the

discussion. The more recent filters might help, but in any case there

will be more need for moderation, in part to guard against outside

invasions.







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of O'Donnell, Dan

Sent: Sat 11/15/2008 11:04 AM

To: cafr-l, MailList

Subject: [CAFR-L] List Moderation



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Hi all,



while this vigorous discussion is going on, I'd like to raise an

administrative question about list moderation/administration.



There is no moderation, which I think is a good thing: people should take

responsibility for what they say and be open about what they think and

half the problems at the U of L and elsewhere would disappear.



But it doesn't seem reasobnable in that light to have a single list

administrator. We can't be fully open in the sense of 'let anybody

subscribe automatically' because then we open ourselves up to spammers

and the like. But we should be more hydra-headed.



Should we keep a single admin but make it an elected position (I suppose

as close to a chair as this group would have)? Of should we go to

multiple administrators? I think the former option might be best. But

either way, I think we should move to make the collective ownership of

the list more obvious.



My proposal would be that we go to elected or simply alphabetically

rotating, 1 year list adminstration, perhaps following the calendar year.



Dan @ Treo



_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From dan.johnson at uleth.ca Sat Nov 15 13:09:42 2008

From: dan.johnson at uleth.ca (Johnson, Dan)

Date: Sat Nov 15 13:21:06 2008

Subject: [CAFR-L] U of L's falling lights.

References:



Message-ID:





Good points, but one small caution. If it is not already too obvious, I

think we would need to follow the wishes of the affected student. That

information is personal and confidential, and any letters or actions

should probably be general statements unless the student is in full

support of being put in the spotlight.



Dan







////

Hello Everyone --



I have been following these discussions with great interest, and I would

be glad to sign a letter and perhaps contribute to other action as well.

However, I suggest there are a few numbers we need in order to make sure

we know what we are talking about. First, presumably the student has

been receiving WCB payments. How much? For how long? Will they

continue indefinitely? I know that WCB payments tend to not be very

generous, but if this has been going on for nine or so years already the

Dark Side could well say, look, she has already gotten $x out of this,

what more could one ask?



Also, suppose a member of the public, neither a student nor an employee,

happened to be grievously and similarly injured by a falling light when

they happened to be walking through a University Building. Based on

precedents in similar cases, how much $$ would such a person be likely to

receive, either as the result of a suit or settlement? That would afford

a standard of comparison with what the student has actually received.

One could also look at cases in which a customer in a retail store, say,

has been injured by something in the store. (The depressing answer to

the question, how much do people in such cases tend to receive?, might

turn out to be, "surprisingly little".)



None of this would alter the fact that the University should be

embarrassed into dropping the threat of legal action against the student.

Wouldn't it be an interesting coincidence if it turned out that they try

to sue her for the amount she has received from the WCB over the past so-

many years?



Kent

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From mckenna at uleth.ca Sat Nov 15 13:21:25 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 13:22:05 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:



Message-ID:



Good ideas Tom. There are medical records regarding Rebeca's injuries.

She did receive small WCB compensation for about a year as she was

unable to continue with her part-time low-paid job at Walmart. Problem

is it is short term and the amount doesn't take account of expected

future earnings - nor pain and suffering.

If the various ideas go ahead, it might not be a bad idea to have a

group chat with Rebeca.



Thanks



Ian

-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Tom Robinson

Sent: Saturday, November 15, 2008 6:05 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

I think there are two issues here. One is the particular case of this

student, and we don't have the medical history of the injury and

resulting complications. Someone suggested that the student might be

trying to milk the system, and no one would favour that--well, except

for senior administrators whose excessive salaries suggest that they

favour milking. Whatever the case here, it is strange that it is being

resolved by classifying the student as an employee. If she is trying

to milk the system, let that be the legal ground for the rejection of

her claim--not an appeal to some fiction of the student as an

employee, which would seem to accept that the student was injured but

not entitled to sue. That the University is now suing the student for

legal costs is a sad reflection on the case and an embarrassment to all.



The other issue, and I thing the principal one here, is that the

classification of students as employees is simply stupid and

fundamental wrong. The OHSA seems to have recognized that, as would

almost anyone beyond grade three. Indeed, I think my two-year-old

grandson would have a better sense than our administrators on that

issue (and other issues, but I digress). What is particularly

troubling is the ability of those in power (at whatever level--courts,

legislators, administrators) are able to classify people simply by

definition, without any need for that definition to have a basis in

reality. Were anyone else to do that, their definitions would be

disregarded--the "anyone owning a blue car is a jaywalker" kind of

silliness, or, more dangerously, the"anyone who criticizes government

is a terrorist or traitor" kind of silliness. To both, we would simply

reply, "NO." Such definitions are defective and cannot be used in

meaningful discourse. So with the classification of students as

employees.



Someone (Rick? John? Bill? (oh, cross out the last one) should draft a

letter that we can sign, and this letter should be circulated as

widely as possible (nationally would be good). I will put my nuanced

and tactful comments on the onebananashort site, but I would be very

happy, as well, to put you all in tainted company by signing the same

letter that you sign.



Tom







_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



From hawkms at uleth.ca Sat Nov 15 13:25:41 2008

From: hawkms at uleth.ca (Hawkins, Maureen)

Date: Sat Nov 15 13:35:06 2008

Subject: [CAFR-L] U of L's falling lights.

References:





Message-ID:



Does anyone know what, if anything, the student has received from the

WCB?



Maureen



Maureen S. G. Hawkins

Department of English

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

Canada

(403) 328-7961







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Ian McKenna

Sent: Sat 11/15/2008 9:01 AM

To: cafr-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------





The Alberta Government (who else?) has produced the classic Henry VIII

clause. That is, a subservient legislature passes legislation permitting

the King (government) to do anything it likes. In this case the

government

and the WCB have been awarded power to deem any class of persons to be

workers and therefore denied their right of legal action. The effect is

to

transfer the "employer's" risk of paying for its own negligence to the

"worker" the student.



Yes it is an ethical issue now rather than a legal one - as John

indicated.

Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

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From hawkms at uleth.ca Sat Nov 15 13:27:07 2008

From: hawkms at uleth.ca (Hawkins, Maureen)

Date: Sat Nov 15 13:35:08 2008

Subject: [CAFR-L] U of L's falling lights.

References:

Message-ID:



Would a petition to the government--with all possible publicitym of

course--be an use? We wouldn't have to restrict it to our area; we could

all email copies to friends in other parts of the province, and ask them

to do the same.



Maureen



Maureen S. G. Hawkins

Department of English

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

Canada

(403) 328-7961







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Ian McKenna

Sent: Sat 11/15/2008 9:11 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Such a letter would do no harm. Of course this implicates the Lethbridge

College (who used this ploy to avoid injuries sustained by a 10 year old

girl in the course of a community course at the College. The letter would

need to point to all Alberta universities and colleges as well as

secondary schools where students in shop and cullinary classes are deemed

employees!

A good idea I'd say.

I

Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Further to Kent's worry that any attempt to embarrass the University

> publicly over this issue would be future, I dunno, why not give it a

> try?! Publish an article in the Lethbridge Herald that says something

> like this:

>

> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>

> The University of Lethbridge has adopted the legal fiction - a fiction

> endorsed by the courts in Alberta - that students are employees of the

> University. Accordingly, if a student is injured on the 'job' - as one

> recently was - he or she cannot sue, but can only seek the much reduced

> compensation available through the Workers Compensation Board. Worse

> yet, the University is currently seeking legal costs from her for her

> unsuccessfully appealing this fiction to the courts. Parents would be

> well advised to consider this before enrolling their children at the U.

> of L.

>

> If this doesn't embarrass the University and/or reduce enrollment,

well,

> at least students and their parents have been put on notice, which, I

> suppose, is all they're really entitled to. - Paul

>

>

> Kent Peacock wrote:

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Ian --

>>

>> Many thanks for the clarification. This is disgraceful and profoundly

>> embarrassing to this University. Is there anything that could be

>> done, apart from engaging in a long and probably futile battle to

>> embarrass the University publicly enough that it does the right

>> thing? Any ideas out there?

>>

>> Kent

>>

>>

>>

%0





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l

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From mckenna at uleth.ca Sat Nov 15 13:30:25 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 13:35:08 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Jim it is perhaps possible to influence government but the other Alberta

universities and colleges are addicted to the financial handout that

government makes in paying the "employer" contributions to WCB.

The Regulation applies to ever post-secondary institution but perhaps

pressure could be put on government to allow individual universities or

colleges to pull out of the arrangement. Perhaps our Tory MLA could be

approached but it is unlikely he would rock the boat. The U of L Board

of Governors seems to be mainly hand-picked by government but that would

be a place where faculty reps could raise the issue and allow for some

enlightenment on the matter. Of course this will depend on who the reps

are.

Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Linville, James

Sent: Saturday, November 15, 2008 8:31 AM

To: cafr-l, MailList; cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



From hawkms at uleth.ca Sat Nov 15 13:30:03 2008

From: hawkms at uleth.ca (Hawkins, Maureen)

Date: Sat Nov 15 13:35:09 2008

Subject: [CAFR-L] U of L's falling lights.

References:



Message-ID:



Sorry, what is Charter Clause 33?



Maureen



Maureen S. G. Hawkins

Department of English

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

Canada

(403) 328-7961







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Johnson, Dan

Sent: Sat 11/15/2008 9:42 AM

To: cafr-l, MailList

Subject: RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From mckenna at uleth.ca Sat Nov 15 13:41:27 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 13:48:04 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:



Message-ID:



Tom and others.

If a student has a part-time job which he or she cannot perform because

of the injuries, they get about 50% of lost wages. If they have no job

they get no compensation for lost earnings - one of the few sane

elements of the legislation. If there is long term injury serious enough

to prevent the student from working, long term disability may kick in

(assuming it was caused by the accident - which WCB determines). The

amount of long term disability is based on the lowest wage on the list

i.e. essentially minimum wage. This is of little comfort to one who has

lost the opportunity to earn a professional salary - one of the main

purposes of going to university.



It remains possible for Rebeca to claim WCB but the compensation would

be somewhat less than the loss of expected earnings of an above average

student.



Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Tom Robinson

Sent: Saturday, November 15, 2008 9:38 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

If students are considered employees, does WCB pay only for lost

salary, and would this mean that students would receive nothing as a

result of their injuries since their salary is zero?

Tom



On 15-Nov-08, at 9:11 AM, Ian McKenna wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Such a letter would do no harm. Of course this implicates the

> Lethbridge

> College (who used this ploy to avoid injuries sustained by a 10 year

> old

> girl in the course of a community course at the College. The letter

> would

> need to point to all Alberta universities and colleges as well as

> secondary schools where students in shop and cullinary classes are

> deemed

> employees!

> A good idea I'd say.

> I

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> Further to Kent's worry that any attempt to embarrass the University

>> publicly over this issue would be future, I dunno, why not give it a

>> try?! Publish an article in the Lethbridge Herald that says something

>> like this:

>>

>> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>>

>> The University of Lethbridge has adopted the legal fiction - a

>> fiction

>> endorsed by the courts in Alberta - that students are employees of

>> the

>> University. Accordingly, if a student is injured on the 'job' - as

>> one

>> recently was - he or she cannot sue, but can only seek the much

>> reduced

>> compensation available through the Workers Compensation Board. Worse

>> yet, the University is currently seeking legal costs from her for her

>> unsuccessfully appealing this fiction to the courts. Parents would be

>> well advised to consider this before enrolling their children at

>> the U.

>> of L.

>>

>> If this doesn't embarrass the University and/or reduce enrollment,

>> well,

>> at least students and their parents have been put on notice, which, I

>> suppose, is all they're really entitled to. - Paul

>>

>>

>> Kent Peacock wrote:

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>> Ian --

>>>

>>> Many thanks for the clarification. This is disgraceful and

>>> profoundly

>>> embarrassing to this University. Is there anything that could be

>>> done, apart from engaging in a long and probably futile battle to

>>> embarrass the University publicly enough that it does the right

>>> thing? Any ideas out there?

>>>

>>> Kent

>>>

>>>

>>>

> %0

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



From mckenna at uleth.ca Sat Nov 15 13:52:01 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 15 14:01:05 2008

Subject: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:



Message-ID:



Really good points Jim though there have never been any signs that the

SU leadership cares about this issue - and no doubt others less serious

and less public. However perhaps faculty leadership in this would

inspire student action or voice.



Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Linville, James

Sent: Saturday, November 15, 2008 11:04 AM

To: cafr-l, MailList; cafr-l, MailList; cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



From james.linville at uleth.ca Sat Nov 15 14:19:43 2008

From: james.linville at uleth.ca (Linville, James)

Date: Sat Nov 15 14:22:42 2008

Subject: [CAFR-L] U of L's falling lights.

References:





Message-ID:



It might be time for the professors to start staging sit in at the

student's union offices (I missed the 60's by just a little bit..)!





I wonder if we might throw a little light on this situation by sending

our letters etc. to the opposition parties. Sure, they have virtually no

voice, but they might want to make a stink about it.

Jim







James Linville

Dept. of Religious Studies

University of Lethbridge

403-329-2537







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Ian McKenna

Sent: Sat 11/15/2008 1:52 PM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Really good points Jim though there have never been any signs that the

SU leadership cares about this issue - and no doubt others less serious

and less public. However perhaps faculty leadership in this would

inspire student action or voice.



Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Linville, James

Sent: Saturday, November 15, 2008 11:04 AM

To: cafr-l, MailList; cafr-l, MailList; cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From richard.mueller at uleth.ca Sat Nov 15 14:22:55 2008

From: richard.mueller at uleth.ca (Mueller, Richard)

Date: Sat Nov 15 14:28:05 2008

Subject: [CAFR-L] U of L's falling lights.

References:





Message-ID:



Does anyone know exactly what part of the light fell on the student? Was

it the plastic insert that covers the flourescent bulbs, or the entire

fixture? I,m on the fifth floor, just down from the old library and so I

assume that the fixtures in our research room are of the same vintage as

the one that came down. We have had a number of instances when the

plastic inserts have fallen out of the fixtures. Luckily, no one was hit

nor was there anyone in the room at the time.



Ian mentioned that the Lethbridge police were warned of the problem in

advance of the student being struck by the light. This in itself appears

to be negligent, but what if there are still a building full of these

fixtures? Surely not removing or repairing these fixtures would be

negligent.



Does anyone know if these fixtures are an inevitable accident waiting to

happen?





________________________________



From: cafr-l-bounces@uleth.ca on behalf of Ian McKenna

Sent: Sat 15/11/2008 1:52 PM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: RE: [CAFR-L] U of L's falling lights.







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Really good points Jim though there have never been any signs that the

SU leadership cares about this issue - and no doubt others less serious

and less public. However perhaps faculty leadership in this would

inspire student action or voice.



Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Linville, James

Sent: Saturday, November 15, 2008 11:04 AM

To: cafr-l, MailList; cafr-l, MailList; cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l





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l/attachments/20081115/175a7bd8/attachment.html

From raprockprof at gmail.com Sat Nov 15 14:29:56 2008

From: raprockprof at gmail.com (Anthony Hall)

Date: Sat Nov 15 14:30:00 2008

Subject: [CAFR-L] insurance? limited liability?

Message-ID:



Can Ian or anyone else clarify the origins, rationale and full meaning

of the principle that employees of corporate bodies in Alberta or

elsewhere are prohibited from suing our institutions for injuries

suffered on the job? Is there no accountability for negligence on the

part of those who have responsibility for workplace safety? Doesn't

the University have insurance policies which are meant to kick in if

and when students, employees or political appointees are injured in

the act of performing our duties? Did any insurance entity intervene

as a party to the litigation in the case of the injured student? What

kind of insurance protections are purchased or declined for different

individuals, constituencies, and other entities at our University? Who

decides these matters? Who at the University is personally protected

against law suits for alleged injuries and who isn't?



TH



From rodych at uleth.ca Mon Nov 17 10:39:21 2008

From: rodych at uleth.ca (Rodych, Victor)

Date: Mon Nov 17 10:39:24 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



Ian:

Would you please clarify the following: "It remains possible for Rebeca

to claim WCB but the compensation would



be somewhat less than the loss of expected earnings of an above average



student."







Rebeca's (potential?) LTD is based on "the lowest wage on the list" and,

as you say, she has "lost the opportunity to earn a professional

salary." Perhaps I am misreading your email, but are you saying that it

remains possible that Rebeca could claim WCB compensation for "the loss

of expected earnings of an above average student" for lost earnings of

an above average student (i.e., for the lifetime of her/his career)?







"If they have no job



they get no compensation for lost earnings - one of the few sane



elements of the legislation."







I take it you mean that this is sane because if a student has no job

s/he cannot be compensated for lost earnings, since there are no lost

earnings. Still, it is insane, is it not? A student is allegedly an

employee of the University-and 'employee' standardly means "paid worker"

(with benefits, eligible for EI, etc.)-but s/he gets compensated only if

s/he has ANOTHER JOB and only at 50% of the wages of the OTHER job!!??







As virtually everyone on this list has said (roughly):







If a student is an employee of the University, s/he must be paid a

salary/wages, and her WCB compensation should be a function of that

salary (those wages).



If a student is not an employee of the University, WCB is irrelevant.







My wife, Raquel Trillia (a faculty member here), our two adult children

who are students here, and I are outraged by what we know of this case.

I would very much appreciate more information about the case; e.g., any

guidance to the relevant legislation and any publicly accessible

documentation concerning the case.

Vic









_____________________







Dr. Victor Rodych



Professor



Department of Philosophy



University of Lethbridge



4401 University Drive



Lethbridge, Alberta



T1K 3M4



CANADA









-----Original Message-----

From: ldskeptics-l-bounces@uleth.ca

[mailto:ldskeptics-l-bounces@uleth.ca] On Behalf Of Ian McKenna

Sent: Saturday, November 15, 2008 1:41 PM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.







Tom and others.



If a student has a part-time job which he or she cannot perform because



of the injuries, they get about 50% of lost wages. If they have no job



they get no compensation for lost earnings - one of the few sane



elements of the legislation. If there is long term injury serious enough

to prevent the student from working, long term disability may kick in



(assuming it was caused by the accident - which WCB determines). The



amount of long term disability is based on the lowest wage on the list



i.e. essentially minimum wage. This is of little comfort to one who has



lost the opportunity to earn a professional salary - one of the main



purposes of going to university.







It remains possible for Rebeca to claim WCB but the compensation would



be somewhat less than the loss of expected earnings of an above average



student.







Ian







-----Original Message-----



From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf



Of Tom Robinson



Sent: Saturday, November 15, 2008 9:38 AM



To: cafr-l, MailList



Cc: ldskeptics-l, MailList



Subject: Re: [CAFR-L] U of L's falling lights.







Postings to this list are *Publicly Archived.* This is an unmoderated



list and posters are solely responsible for the content of their



messages.







--------------------



If students are considered employees, does WCB pay only for lost

salary, and would this mean that students would receive nothing as a



result of their injuries since their salary is zero?



Tom







On 15-Nov-08, at 9:11 AM, Ian McKenna wrote:







> Postings to this list are *Publicly Archived.* This is an



> unmoderated list and posters are solely responsible for the content



> of their messages.



>



> --------------------



> Such a letter would do no harm. Of course this implicates the



> Lethbridge



> College (who used this ploy to avoid injuries sustained by a 10 year



> old



> girl in the course of a community course at the College. The letter



> would



> need to point to all Alberta universities and colleges as well as



> secondary schools where students in shop and cullinary classes are



> deemed



> employees!



> A good idea I'd say.



> I



> Postings to this list are *Publicly Archived.* This is an



> unmoderated list



>> and posters are solely responsible for the content of their messages.



>>

>> --------------------



>> Further to Kent's worry that any attempt to embarrass the University



>> publicly over this issue would be future, I dunno, why not give it a



>> try?! Publish an article in the Lethbridge Herald that says something



>> like this:



>>



>> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L



>>



>> The University of Lethbridge has adopted the legal fiction - a



>> fiction



>> endorsed by the courts in Alberta - that students are employees of



>> the



>> University. Accordingly, if a student is injured on the 'job' - as



>> one



>> recently was - he or she cannot sue, but can only seek the much



>> reduced



>> compensation available through the Workers Compensation Board. Worse



>> yet, the University is currently seeking legal costs from her for her



>> unsuccessfully appealing this fiction to the courts. Parents would be



>> well advised to consider this before enrolling their children at



>> the U.



>> of L.



>>



>> If this doesn't embarrass the University and/or reduce enrollment,



>> well,



>> at least students and their parents have been put on notice, which, I



>> suppose, is all they're really entitled to. - Paul

>>



>>



>> Kent Peacock wrote:



>>> Postings to this list are *Publicly Archived.* This is an



>>> unmoderated



>>> list and posters are solely responsible for the content of their



>>> messages.



>>>



>>> --------------------



>>> Ian --



>>>



>>> Many thanks for the clarification. This is disgraceful and



>>> profoundly



>>> embarrassing to this University. Is there anything that could be



>>> done, apart from engaging in a long and probably futile battle to



>>> embarrass the University publicly enough that it does the right



>>> thing? Any ideas out there?



>>>



>>> Kent



>>>



>>>



>>>



> %0



>



>



> _______________________________________________



> cafr-l mailing list

> cafr-l@uleth.ca



> http://listserv.uleth.ca/mailman/listinfo/cafr-l









_______________________________________________



cafr-l mailing list



cafr-l@uleth.ca



http://listserv.uleth.ca/mailman/listinfo/cafr-l







_______________________________________________



ldskeptics-l mailing list



ldskeptics-l@uleth.ca



http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l



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From siminovitch at uleth.ca Mon Nov 17 11:00:27 2008

From: siminovitch at uleth.ca (David Siminovitch)

Date: Mon Nov 17 10:57:47 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



Rodych, Victor wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

>

> -----------------------------------------------------------------------

-

>

> Ian:

>

> Would you please clarify the following: "It remains possible for

> Rebeca to claim WCB but the compensation would

>

> be somewhat less than the loss of expected earnings of an above average

>

> student."

>

> Rebeca's (potential?) LTD is based on "the lowest wage on the list"

> and, as you say, she has "lost the opportunity to earn a professional

> salary." Perhaps I am misreading your email, but are you saying that

> it remains possible that Rebeca could claim WCB compensation for "the

> loss of expected earnings of an above average student" for lost

> earnings of an above average student (i.e., for the lifetime of

> her/his career)?

>

> "If they have no job

>

> they get no compensation for lost earnings - one of the few sane

>

> elements of the legislation."

>

> I take it you mean that this is sane because if a student has no job

> s/he cannot be compensated for lost earnings, since there are no lost

> earnings. Still, it is insane, is it not? A student is allegedly an

> employee of the University?and 'employee' standardly means "paid

> worker" (with benefits, eligible for EI, etc.)?but s/he gets

> compensated /only if/ s/he has ANOTHER JOB and only at 50% of the

> wages of the OTHER job!!??

>

> As virtually everyone on this list has said (roughly):

>

> If a student is an employee of the University, s/he must be paid a

> salary/wages, and her WCB compensation should be a function of that

> salary (those wages).

>

> If a student is not an employee of the University, WCB is irrelevant.

>

> My wife, Raquel Trillia (a faculty member here), our two adult

> children who are students here, and I are outraged by what we know of

> this case. I would very much appreciate more information about the

> case; e.g., any guidance to the relevant legislation and any publicly

> accessible documentation concerning the case.

>

> Vic

>

> _____________________

>

> Dr. Victor Rodych

>

> Professor

>

> Department of Philosophy

>

> University of Lethbridge

>

> 4401 University Drive

>

> Lethbridge, Alberta

>

> T1K 3M4

>

> CANADA

>

> -----Original Message-----

> From: ldskeptics-l-bounces@uleth.ca

> [mailto:ldskeptics-l-bounces@uleth.ca] On Behalf Of Ian McKenna

> Sent: Saturday, November 15, 2008 1:41 PM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Tom and others.

>

> If a student has a part-time job which he or she cannot perform because

>

> of the injuries, they get about 50% of lost wages. If they have no job

>

> they get no compensation for lost earnings - one of the few sane

>

> elements of the legislation. If there is long term injury serious

enough

>

> to prevent the student from working, long term disability may kick in

>

> (assuming it was caused by the accident - which WCB determines). The

>

> amount of long term disability is based on the lowest wage on the list

>

> i.e. essentially minimum wage. This is of little comfort to one who has

>

> lost the opportunity to earn a professional salary - one of the main

>

> purposes of going to university.

>

> It remains possible for Rebeca to claim WCB but the compensation would

>

> be somewhat less than the loss of expected earnings of an above average

>

> student.

>

> Ian

>

> -----Original Message-----

>

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

>

> Of Tom Robinson

>

> Sent: Saturday, November 15, 2008 9:38 AM

>

> To: cafr-l, MailList

>

> Cc: ldskeptics-l, MailList

>

> Subject: Re: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

>

> list and posters are solely responsible for the content of their

>

> messages.

>

> --------------------

>

> If students are considered employees, does WCB pay only for lost

>

> salary, and would this mean that students would receive nothing as a

>

> result of their injuries since their salary is zero?

>

> Tom

>

> On 15-Nov-08, at 9:11 AM, Ian McKenna wrote:

>

> > Postings to this list are *Publicly Archived.* This is an

>

> > unmoderated list and posters are solely responsible for the content

>

> > of their messages.

>

> >

>

> > --------------------

>

> > Such a letter would do no harm. Of course this implicates the

>

> > Lethbridge

>

> > College (who used this ploy to avoid injuries sustained by a 10 year

>

> > old

>

> > girl in the course of a community course at the College. The letter

>

> > would

>

> > need to point to all Alberta universities and colleges as well as

>

> > secondary schools where students in shop and cullinary classes are

>

> > deemed

>

> > employees!

>

> > A good idea I'd say.

>

> > I

>

> > Postings to this list are *Publicly Archived.* This is an

>

> > unmoderated list

>

> >> and posters are solely responsible for the content of their

messages.

>

> >>

>

> >> --------------------

>

> >> Further to Kent's worry that any attempt to embarrass the University

>

> >> publicly over this issue would be future, I dunno, why not give it a

>

> >> try?! Publish an article in the Lethbridge Herald that says

something

>

> >> like this:

>

> >>

>

> >> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L

>

> >>

>

> >> The University of Lethbridge has adopted the legal fiction - a

>

> >> fiction

>

> >> endorsed by the courts in Alberta - that students are employees of

>

> >> the

>

> >> University. Accordingly, if a student is injured on the 'job' - as

>

> >> one

>

> >> recently was - he or she cannot sue, but can only seek the much

>

> >> reduced

>

> >> compensation available through the Workers Compensation Board. Worse

>

> >> yet, the University is currently seeking legal costs from her for

her

>

> >> unsuccessfully appealing this fiction to the courts. Parents would

be

>

> >> well advised to consider this before enrolling their children at

>

> >> the U.

>

> >> of L.

>

> >>

>

> >> If this doesn't embarrass the University and/or reduce enrollment,

>

> >> well,

>

> >> at least students and their parents have been put on notice, which,

I

>

> >> suppose, is all they're really entitled to. - Paul

>

> >>

>

> >>

>

> >> Kent Peacock wrote:

>

> >>> Postings to this list are *Publicly Archived.* This is an

>

> >>> unmoderated

>

> >>> list and posters are solely responsible for the content of their

>

> >>> messages.

>

> >>>

>

> >>> --------------------

>

> >>> Ian --

>

> >>>

>

> >>> Many thanks for the clarification. This is disgraceful and

>

> >>> profoundly

>

> >>> embarrassing to this University. Is there anything that could be

>

> >>> done, apart from engaging in a long and probably futile battle to

>

> >>> embarrass the University publicly enough that it does the right

>

> >>> thing? Any ideas out there?

>

> >>>

>

> >>> Kent

>

> >>>

>

> >>>

>

> >>>

>

> > %0

>

> >

>

> >

>

> > _______________________________________________

>

> > cafr-l mailing list

>

> > cafr-l@uleth.ca

>

> > http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> _______________________________________________

>

> cafr-l mailing list

>

> cafr-l@uleth.ca

>

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> _______________________________________________

>

> ldskeptics-l mailing list

>

> ldskeptics-l@uleth.ca

>

> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>

> -----------------------------------------------------------------------

-

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

I asked the opinion of Laura Lozanski, CAUT Safety Officer (Ottawa)

about this, and from her point of view, WCB coverage is a positive

because elsewhere students are not covered. (see text below). There is

little information about this on our university's OHS website, but at

least one safety website at the U of A says quite plainly: "For students

(undergraduate and graduate) who are registered in an academic program

leading to a degree, the Government of Alberta is considered the

Employer for WCB purposes ....." This is exactly what Ian has

emphasized. What then would be the consequences for those students not

covered under WCB? Is their only avenue a lawsuit?



David



Hi David,

I'll check into this, but if this is so, it's great news, of course.

Elsewhere, to my knowledge, students are excluded unless employed.

I'm glad you enjoyed the conference. We're starting to plan for our next

conference for spring 2010.

Laura



-----Original Message-----

From: David Siminovitch [mailto:siminovitch@uleth.ca]

Sent: Friday, November 14, 2008 5:25 PM

To: Laura Lozanski

Subject: [Fwd: Re: [CAFR-L] U of L's falling lights.]



Hi Laura - what do you make of this? Is is really true elsewhere in

Canada (or North America) that students can be considered as employees

of the university??? If so, they should have representation on our

JWSHSC, but they currently do not, nor have they ever had such

representation. We hope to have graduate students represented soon, but

then they are actually doing work for the University and being paid for

it. The vast majority of undergraduates are not in this category.





David







From rodych at uleth.ca Mon Nov 17 11:19:29 2008

From: rodych at uleth.ca (Rodych, Victor)

Date: Mon Nov 17 11:19:32 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



David:







Thanks for the email and the information.

Due to my ignorance of the law, I am quite confused.







In Canada, are, e.g., retail stores strictly liable for falling lights,

etc., that cause bodily harm to (potential) customers? Ditto for

people who are NOT U. of L. employees, who are at the U. of L. for a

concert ? Ditto for U. of L. students who are injured by falling lights

in the former U. of L. Library?







As you ask, David: "What then would be the consequences for those

students not



covered under WCB? Is their only avenue a lawsuit?"







My (poor?) understanding of what Ian has been saying is that whatever

WCB coverage Rebeca is eligible for, it will not compare to what she

could sue for if she wasn't covered by WCB. I thought Ian was saying

that Rebeca would be much better of if she wasn't covered as a

pseudo-employee by WCB.







Is this correct Ian? If so, what do you make of Laura Lozanski's claim

that "WCB coverage is a positive because elsewhere students are not

covered"? Is she perhaps referring to minor injuries that prevent a

student from working a part-time job for, say, 8 months? If so, one

wonders whether she is aware of the downside to this (i.e., if I

understand it).







Vic







_____________________







Dr. Victor Rodych



Professor



Department of Philosophy



University of Lethbridge



4401 University Drive

Lethbridge, Alberta



T1K 3M4



CANADA









-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of David Siminovitch

Sent: Monday, November 17, 2008 11:00 AM

To: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.







--------------------



Rodych, Victor wrote:



> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



>



> --------------------



>



>

------------------------------------------------------------------------



>



> Ian:



>



> Would you please clarify the following: "It remains possible for



> Rebeca to claim WCB but the compensation would



>

> be somewhat less than the loss of expected earnings of an above

average



>



> student."



>



> Rebeca's (potential?) LTD is based on "the lowest wage on the list"



> and, as you say, she has "lost the opportunity to earn a professional



> salary." Perhaps I am misreading your email, but are you saying that



> it remains possible that Rebeca could claim WCB compensation for "the



> loss of expected earnings of an above average student" for lost



> earnings of an above average student (i.e., for the lifetime of



> her/his career)?



>



> "If they have no job



>



> they get no compensation for lost earnings - one of the few sane



>



> elements of the legislation."



>



> I take it you mean that this is sane because if a student has no job



> s/he cannot be compensated for lost earnings, since there are no lost



> earnings. Still, it is insane, is it not? A student is allegedly an



> employee of the University-and 'employee' standardly means "paid



> worker" (with benefits, eligible for EI, etc.)-but s/he gets



> compensated /only if/ s/he has ANOTHER JOB and only at 50% of the



> wages of the OTHER job!!??



>

> As virtually everyone on this list has said (roughly):



>



> If a student is an employee of the University, s/he must be paid a



> salary/wages, and her WCB compensation should be a function of that



> salary (those wages).



>



> If a student is not an employee of the University, WCB is irrelevant.



>



> My wife, Raquel Trillia (a faculty member here), our two adult



> children who are students here, and I are outraged by what we know of



> this case. I would very much appreciate more information about the



> case; e.g., any guidance to the relevant legislation and any publicly



> accessible documentation concerning the case.



>



> Vic



>



> _____________________



>



> Dr. Victor Rodych



>



> Professor



>



> Department of Philosophy



>



> University of Lethbridge



>



> 4401 University Drive

>



> Lethbridge, Alberta



>



> T1K 3M4



>



> CANADA



>



> -----Original Message-----



> From: ldskeptics-l-bounces@uleth.ca



> [mailto:ldskeptics-l-bounces@uleth.ca] On Behalf Of Ian McKenna



> Sent: Saturday, November 15, 2008 1:41 PM



> To: cafr-l, MailList



> Cc: ldskeptics-l, MailList



> Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



>



> Tom and others.



>



> If a student has a part-time job which he or she cannot perform

because



>



> of the injuries, they get about 50% of lost wages. If they have no job



>



> they get no compensation for lost earnings - one of the few sane



>



> elements of the legislation. If there is long term injury serious

enough



>



> to prevent the student from working, long term disability may kick in

>



> (assuming it was caused by the accident - which WCB determines). The



>



> amount of long term disability is based on the lowest wage on the list



>



> i.e. essentially minimum wage. This is of little comfort to one who

has



>



> lost the opportunity to earn a professional salary - one of the main



>



> purposes of going to university.



>



> It remains possible for Rebeca to claim WCB but the compensation would



>



> be somewhat less than the loss of expected earnings of an above

average



>



> student.



>



> Ian



>



> -----Original Message-----



>



> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf



>



> Of Tom Robinson



>



> Sent: Saturday, November 15, 2008 9:38 AM

>



> To: cafr-l, MailList



>



> Cc: ldskeptics-l, MailList



>



> Subject: Re: [CAFR-L] U of L's falling lights.



>



> Postings to this list are *Publicly Archived.* This is an unmoderated



>



> list and posters are solely responsible for the content of their



>



> messages.



>



> --------------------



>



> If students are considered employees, does WCB pay only for lost



>



> salary, and would this mean that students would receive nothing as a



>



> result of their injuries since their salary is zero?



>



> Tom



>



> On 15-Nov-08, at 9:11 AM, Ian McKenna wrote:



>



> > Postings to this list are *Publicly Archived.* This is an



>

> > unmoderated list and posters are solely responsible for the content



>



> > of their messages.



>



> >



>



> > --------------------



>



> > Such a letter would do no harm. Of course this implicates the



>



> > Lethbridge



>



> > College (who used this ploy to avoid injuries sustained by a 10 year



>



> > old



>



> > girl in the course of a community course at the College. The letter



>



> > would



>



> > need to point to all Alberta universities and colleges as well as



>



> > secondary schools where students in shop and cullinary classes are



>



> > deemed



>



> > employees!

>



> > A good idea I'd say.



>



> > I



>



> > Postings to this list are *Publicly Archived.* This is an



>



> > unmoderated list



>



> >> and posters are solely responsible for the content of their

messages.



>



> >>



>



> >> --------------------



>



> >> Further to Kent's worry that any attempt to embarrass the

University



>



> >> publicly over this issue would be future, I dunno, why not give it

a



>



> >> try?! Publish an article in the Lethbridge Herald that says

something



>



> >> like this:



>



> >>



>

> >> PARENTS WARNED NOT TO SEND THEIR CHILDREN TO U OF L



>



> >>



>



> >> The University of Lethbridge has adopted the legal fiction - a



>



> >> fiction



>



> >> endorsed by the courts in Alberta - that students are employees of



>



> >> the



>



> >> University. Accordingly, if a student is injured on the 'job' - as



>



> >> one



>



> >> recently was - he or she cannot sue, but can only seek the much



>



> >> reduced



>



> >> compensation available through the Workers Compensation Board.

Worse



>



> >> yet, the University is currently seeking legal costs from her for

her



>



> >> unsuccessfully appealing this fiction to the courts. Parents would

be

>



> >> well advised to consider this before enrolling their children at



>



> >> the U.



>



> >> of L.



>



> >>



>



> >> If this doesn't embarrass the University and/or reduce enrollment,



>



> >> well,



>



> >> at least students and their parents have been put on notice, which,

I



>



> >> suppose, is all they're really entitled to. - Paul



>



> >>



>



> >>



>



> >> Kent Peacock wrote:



>



> >>> Postings to this list are *Publicly Archived.* This is an



>



> >>> unmoderated



>

> >>> list and posters are solely responsible for the content of their



>



> >>> messages.



>



> >>>



>



> >>> --------------------



>



> >>> Ian --



>



> >>>



>



> >>> Many thanks for the clarification. This is disgraceful and



>



> >>> profoundly



>



> >>> embarrassing to this University. Is there anything that could be



>



> >>> done, apart from engaging in a long and probably futile battle to



>



> >>> embarrass the University publicly enough that it does the right



>



> >>> thing? Any ideas out there?



>



> >>>



>



> >>> Kent

>



> >>>



>



> >>>



>



> >>>



>



> > %0



>



> >



>



> >



>



> > _______________________________________________



>



> > cafr-l mailing list



>



> > cafr-l@uleth.ca



>



> > http://listserv.uleth.ca/mailman/listinfo/cafr-l



>



> _______________________________________________



>



> cafr-l mailing list



>



> cafr-l@uleth.ca



>

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



>



> _______________________________________________



>



> ldskeptics-l mailing list



>



> ldskeptics-l@uleth.ca



>



> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l



>



>

------------------------------------------------------------------------



>



> _______________________________________________



> cafr-l mailing list



> cafr-l@uleth.ca



> http://listserv.uleth.ca/mailman/listinfo/cafr-l



>



I asked the opinion of Laura Lozanski, CAUT Safety Officer (Ottawa)



about this, and from her point of view, WCB coverage is a positive



because elsewhere students are not covered. (see text below). There is



little information about this on our university's OHS website, but at



least one safety website at the U of A says quite plainly: "For students





(undergraduate and graduate) who are registered in an academic program



leading to a degree, the Government of Alberta is considered the



Employer for WCB purposes ....." This is exactly what Ian has



emphasized. What then would be the consequences for those students not

covered under WCB? Is their only avenue a lawsuit?







David







Hi David,



I'll check into this, but if this is so, it's great news, of course.

Elsewhere, to my knowledge, students are excluded unless employed.



I'm glad you enjoyed the conference. We're starting to plan for our

next conference for spring 2010.



Laura







-----Original Message-----



From: David Siminovitch [mailto:siminovitch@uleth.ca]



Sent: Friday, November 14, 2008 5:25 PM



To: Laura Lozanski



Subject: [Fwd: Re: [CAFR-L] U of L's falling lights.]







Hi Laura - what do you make of this? Is is really true elsewhere in



Canada (or North America) that students can be considered as employees



of the university??? If so, they should have representation on our



JWSHSC, but they currently do not, nor have they ever had such



representation. We hope to have graduate students represented soon, but



then they are actually doing work for the University and being paid for



it. The vast majority of undergraduates are not in this category.









David

_______________________________________________



cafr-l mailing list



cafr-l@uleth.ca



http://listserv.uleth.ca/mailman/listinfo/cafr-l



-------------- next part --------------

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From rodych at uleth.ca Mon Nov 17 11:53:28 2008

From: rodych at uleth.ca (Rodych, Victor)

Date: Mon Nov 17 11:53:31 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:





Message-ID:



I note that Ian says in his November 14th email below that "I was

involved in assisting Rebeca to challenge the WCB

decision that she was an injured worker and therefore not eligible to

sue the University for negligently causing her injuries."



Ian also says: "Were she allowed to take this to court, i.e. not be

deemed an employee,

her case would almost certainly succeed because there is clear evidence

that the University knew of the falling lights problem - one witness was

hit by such a light but happily not badly injured. Other employees on

the QT speak of their knowledge of the light problems and the failure to

spend the money until after the injuries to Rebeca."



So, it seems, if the WCB legislation did not exist, the University

would, presumably, be strictly liable AND negligent.



Perhaps Laura Lozanski at CAUT is simply not aware that WCB coverage

precludes litigation of this/these types (?).



Vic

_____________________



Dr. Victor Rodych

Professor

Department of Philosophy

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

CANADA





-----Original Message-----

From: ldskeptics-l-bounces@uleth.ca

[mailto:ldskeptics-l-bounces@uleth.ca] On Behalf Of Ian McKenna

Sent: Friday, November 14, 2008 1:19 PM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Hi Kent and others.



In November 1999, Rebeca Larreynaga was reading a textbook in the

University Library (old building of course) when a metal light fixture

fell out if its socket, swung down and hit Rebeca at great speed and

with great force. She sustained injuries to her head, neck and back.

Because the Alberta Government are allowed by law to permit the WCB to

deem any class of persons to be employees of the Government of Alberta.

Students (college, university and some secondary school) have been

deemed by a regulation to be workers under the Workers' Compensation

Act, whether or not they actually meet the legal test of employment,

which is the provision of services to another person. While some

students do provide services to universities and are rightly entitled to

WCB coverage, students such as Rebeca did not provide services to the

University or the Government as she was employed by neither. This is

true of all students who merely attend classes and pay their tuition

fees.



Rebeca learned of this the day after she sustained the injures when

Edith Hepburn arrived at her bedside to obtain her signature of WCB

documents. I was involved in assisting Rebeca to challenge the WCB

decision that she was an injured worker and therefore not eligible to

sue the University for negligently causing her injuries.

The internal appeal was denied but several years later - I recall 2005 -

the Workers' Compensation Appeals Commission ruled unanimously that she

was not barred from suing the University (she had already filed such a

suit through a local lawyer) because neither the University nor the

Government was her employer.

The University appealed that decision to the Court of Queen's Bench and

the single judge in Calgary ruled that the Appeals Commission had erred

in law. That decision is publicly available which makes it no less

incoherent.

The judge ordered a review by the Appeals Commission and a new trio

adhered to the judge's decision.

It would be fair to say that the Students' Union has done absolutely

nothing to protect students against this sort of rip-off. There is

essentially no benefit for students and the ruse merely transfers the

risk of injury due to the University's negligence to the student.

(Interestingly in the UK it is a criminal offence to insert into a

contract a disclaimer of liability to the other party for injuries

caused by one's negligence).

Rebeca did seek assistance from the SU but the President at that time (I

don't remember her name) stated she could not help because she was a

member of the Board of Governors (whom Rebeca was suing) and therefore

would be in a conflict of interest, soluble only by her refusing to get

the SU involved. I gather from Rebeca, this was the result of

Ex-President Tennant's advice to the then SU President. Bill Cade

adopted the same stance.



Rebeca's lawyer ditched the case after the Queen's Bench decision,

afraid that this meant he would receive no payment of the contingency

fee. Rebeca was a talented student bound for grad studies at the time of

the injuries but no longer mentally able to do the work required for

what was ironically to be in neuroscience.



Having pitched (pro bono of course) Rebeca's case to both panels of the

Appeals Commission, I am naturally biased in the legal arguments. The

University is of course pressing her for legal costs, likely

unattainable as Rebeca will likely declare bankruptcy if the Appeals

Commission does not pick up the costs.



It is a fond hope that the University will ever compensate her or even

apologize for injuring her. In Tennant's era a management student (not

in my class!) fell asleep in a U Hall D630 classroom, sustaining a minor

injury. This was not referred to the WCB and instead the student

received an out of court settlement. If the University had the ability

to settle that case, I fail to see why it should not do so in this case.

I can say that Rebeca who lives locally remains traumatized by the

incident and the unfairness of the callous treatment she has received.

Were she allowed to take this to court, i.e. not be deemed an employee,

her case would almost certainly succeed because there is clear evidence

that the University knew of the falling lights problem - one witness was

hit by such a light but happily not badly injured. Other employees on

the QT speak of their knowledge of the light problems and the failure to

spend the money until after the injuries to Rebeca..



If you have any questions I'll try to answer them.



As everything stated here is true, I have no problem in this account

being passed on. I would bwelcome any information others may have on

this distressing matter.

Thanks



Ian

-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Kent Peacock

Sent: Friday, November 14, 2008 10:13 AM

To: cafr-l, MailList

Cc: ldskeptics-l, MailList

Subject: Re: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



_______________________________________________

ldskeptics-l mailing list

ldskeptics-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l



From siminovitch at uleth.ca Mon Nov 17 12:11:28 2008

From: siminovitch at uleth.ca (David Siminovitch)

Date: Mon Nov 17 12:08:49 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



Rodych, Victor wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

> I note that Ian says in his November 14th email below that "I was

> involved in assisting Rebeca to challenge the WCB

> decision that she was an injured worker and therefore not eligible to

> sue the University for negligently causing her injuries."

>

> Ian also says: "Were she allowed to take this to court, i.e. not be

> deemed an employee,

> her case would almost certainly succeed because there is clear evidence

> that the University knew of the falling lights problem - one witness

was

> hit by such a light but happily not badly injured. Other employees on

> the QT speak of their knowledge of the light problems and the failure

to

> spend the money until after the injuries to Rebeca."

>

> So, it seems, if the WCB legislation did not exist, the University

> would, presumably, be strictly liable AND negligent.

>

> Perhaps Laura Lozanski at CAUT is simply not aware that WCB coverage

> precludes litigation of this/these types (?).

>

> Vic

>

>

> _____________________

>

> Dr. Victor Rodych

> Professor

> Department of Philosophy

> University of Lethbridge

> 4401 University Drive

> Lethbridge, Alberta

> T1K 3M4

> CANADA

>

>

> -----Original Message-----

> From: ldskeptics-l-bounces@uleth.ca

> [mailto:ldskeptics-l-bounces@uleth.ca] On Behalf Of Ian McKenna

> Sent: Friday, November 14, 2008 1:19 PM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Hi Kent and others.

>

> In November 1999, Rebeca Larreynaga was reading a textbook in the

> University Library (old building of course) when a metal light fixture

> fell out if its socket, swung down and hit Rebeca at great speed and

> with great force. She sustained injuries to her head, neck and back.

> Because the Alberta Government are allowed by law to permit the WCB to

> deem any class of persons to be employees of the Government of Alberta.

> Students (college, university and some secondary school) have been

> deemed by a regulation to be workers under the Workers' Compensation

> Act, whether or not they actually meet the legal test of employment,

> which is the provision of services to another person. While some

> students do provide services to universities and are rightly entitled

to

> WCB coverage, students such as Rebeca did not provide services to the

> University or the Government as she was employed by neither. This is

> true of all students who merely attend classes and pay their tuition

> fees.

>

> Rebeca learned of this the day after she sustained the injures when

> Edith Hepburn arrived at her bedside to obtain her signature of WCB

> documents. I was involved in assisting Rebeca to challenge the WCB

> decision that she was an injured worker and therefore not eligible to

> sue the University for negligently causing her injuries.

> The internal appeal was denied but several years later - I recall 2005

-

> the Workers' Compensation Appeals Commission ruled unanimously that she

> was not barred from suing the University (she had already filed such a

> suit through a local lawyer) because neither the University nor the

> Government was her employer.

> The University appealed that decision to the Court of Queen's Bench and

> the single judge in Calgary ruled that the Appeals Commission had erred

> in law. That decision is publicly available which makes it no less

> incoherent.

> The judge ordered a review by the Appeals Commission and a new trio

> adhered to the judge's decision.

>

> It would be fair to say that the Students' Union has done absolutely

> nothing to protect students against this sort of rip-off. There is

> essentially no benefit for students and the ruse merely transfers the

> risk of injury due to the University's negligence to the student.

> (Interestingly in the UK it is a criminal offence to insert into a

> contract a disclaimer of liability to the other party for injuries

> caused by one's negligence).

> Rebeca did seek assistance from the SU but the President at that time

(I

> don't remember her name) stated she could not help because she was a

> member of the Board of Governors (whom Rebeca was suing) and therefore

> would be in a conflict of interest, soluble only by her refusing to get

> the SU involved. I gather from Rebeca, this was the result of

> Ex-President Tennant's advice to the then SU President. Bill Cade

> adopted the same stance.

>

> Rebeca's lawyer ditched the case after the Queen's Bench decision,

> afraid that this meant he would receive no payment of the contingency

> fee. Rebeca was a talented student bound for grad studies at the time

of

> the injuries but no longer mentally able to do the work required for

> what was ironically to be in neuroscience.

>

> Having pitched (pro bono of course) Rebeca's case to both panels of the

> Appeals Commission, I am naturally biased in the legal arguments. The

> University is of course pressing her for legal costs, likely

> unattainable as Rebeca will likely declare bankruptcy if the Appeals

> Commission does not pick up the costs.

>

> It is a fond hope that the University will ever compensate her or even

> apologize for injuring her. In Tennant's era a management student (not

> in my class!) fell asleep in a U Hall D630 classroom, sustaining a

minor

> injury. This was not referred to the WCB and instead the student

> received an out of court settlement. If the University had the ability

> to settle that case, I fail to see why it should not do so in this

case.

> I can say that Rebeca who lives locally remains traumatized by the

> incident and the unfairness of the callous treatment she has received.

> Were she allowed to take this to court, i.e. not be deemed an employee,

> her case would almost certainly succeed because there is clear evidence

> that the University knew of the falling lights problem - one witness

was

> hit by such a light but happily not badly injured. Other employees on

> the QT speak of their knowledge of the light problems and the failure

to

> spend the money until after the injuries to Rebeca..

>

> If you have any questions I'll try to answer them.

>

> As everything stated here is true, I have no problem in this account

> being passed on. I would bwelcome any information others may have on

> this distressing matter.

> Thanks

>

> Ian

>

>

>

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

Behalf

> Of Kent Peacock

> Sent: Friday, November 14, 2008 10:13 AM

> To: cafr-l, MailList

> Cc: ldskeptics-l, MailList

> Subject: Re: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> ldskeptics-l mailing list

> ldskeptics-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/ldskeptics-l

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

Hi Vic - I copied Ian's original Nov 14 email in its entirety to Laura,

so I think she would have been aware of the consequences of WCB

coverage. But I will follow up with her on this point.



David



From robinson at uleth.ca Thu Nov 20 02:39:45 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Thu Nov 20 02:39:51 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



Anyone know who is working on a letter regarding the Workers'

Compensation Board designation?



You might be interested in (some of) the following, which I have

posted on the onebananashort site.



Tom





The Alberta Workers? Compensation Board Appeals Commission ruled that

a student at a university was not an employee under the Workers?

Compensation Board legislation. The University of Lethbridge appealed

that decision and won, in a ruling available at:

http://www.albertacourts.ab.ca/jdb/2003-

/qb/civil/2007/2007abqb0551.cor1.pdf



A number of matters are troubling about this decision. The ruling

states that university students are considered employees* of of the

Government of Alberta because the Workers? Compensation Act includes

?learner? in the definition of employee, and because the Workers?

Compensation Board Regulations allow the Board to ?make orders

declaring that the Act applies to the following classes of persons:

(c) students registered in and attending: (i) a university as defined

in the Universities Act.?



QUESTIONS:

(1)The Workers? Compensation Act defines ?learner? as:

?a person who, although not under a contract of service or

apprenticeship, becomes subject to the hazards of an industry to which

this Act applies for the purpose of undergoing testing, training or

probationary work preliminary to employment in an industry to which

this Act applies?. WHAT?

(2)Should we not recognize that the definition is silly? No other

province designates their students as employees, and it appears that

neither the Alberta Occupational Health and Safety Act nor the Appeals

Commission of the Workers? Compensation Board sees this as a

reasonable designation.

(3)Should a university use its resources to defend a silly

designation? Is our obligation not to promote clear thinking and

reasoned judgments? And does this designation not fail both tests?

(4)Given the potentially serious consequences of such designation (as

already experienced by one student), are our universities not

obligated to warn students in every possible way from the very first

contact that we consider our students to be employees (unpaid?of

course)? We know that our students are not aware of their status as

employees nor of the implications of that designation. Do we want them

to remain ignorant of that situation?



*The Workers? Compensation Act and Regulations uses the term ?worker?

or ?worker employed? rather than ?employee.? The term ?employer? is a

standard one in the Act and in the Regulations.

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From richard.mueller at uleth.ca Thu Nov 20 09:28:32 2008

From: richard.mueller at uleth.ca (Mueller, Richard)

Date: Thu Nov 20 09:29:13 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

References:





Message-ID:



Hi Tom,



Nice spread in the Meliorist today. I assume that you'll keep us informed

of any fallout from this.



Rick







________________________________



From: cafr-l-bounces@uleth.ca on behalf of Tom Robinson

Sent: Thu 20/11/2008 2:39 AM

To: ldskeptics-l, MailList

Cc: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From robinson at uleth.ca Thu Nov 20 10:17:38 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Thu Nov 20 10:17:51 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



Folks,



That interview was done sometime in September. I guess the new

Meliorist staff was curious why the Meliorist had not covered the

story when it was happening and wanted to explore the matter.



Tom



On 20-Nov-08, at 9:28 AM, Mueller, Richard wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Hi Tom,

>

> Nice spread in the Meliorist today. I assume that you'll keep us

> informed of any fallout from this.

>

> Rick

>

>

>

> From: cafr-l-bounces@uleth.ca on behalf of Tom Robinson

> Sent: Thu 20/11/2008 2:39 AM

> To: ldskeptics-l, MailList

> Cc: cafr-l, MailList

> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

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From robinson at uleth.ca Thu Nov 20 14:16:02 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Thu Nov 20 14:21:09 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



It appears that the WCB Regulations do not require, but only permit,

the WCB to designate students as workers (7.1.c.i).



http://www.qp.gov.ab.ca/documents/Regs/2002_325.cfm?frm_isbn=0779743539



Order declaring Act to apply

7(1) The Board may make orders declaring that the Act applies to the

following classes of persons

(c) students registered in and attending

(i) a university as defined in the Universities Act



One question is when and why that designation was made. Was it made

prior to the UofL incident and applied to all students in all

universities or was it a designation made at the request of the

University of Lethbridge for this particular case? Does anyone know?



One would think that if it was the intention to so designate all

students in some general way that this would have been done in the

Act, where such designations have been made. But the matter quoted

above is in the Regulations, which permits such designation but does

not so designate. Where, then, was that designation made and for what

reason? Let's hope it doesn't fall at the UofL doorstep.



Tom



opp

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From vokey at uleth.ca Thu Nov 20 14:30:30 2008

From: vokey at uleth.ca (John Vokey)

Date: Thu Nov 20 14:30:32 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



> It appears that the WCB Regulations do not require, but only permit,

> the WCB to designate students as workers (7.1.c.i).

>

> http://www.qp.gov.ab.ca/documents/Regs/2002_325.cfm?

> frm_isbn=0779743539

>

> Order declaring Act to apply

> 7(1) The Board may make orders declaring that the Act applies to

> the following classes of persons

> (c) students registered in and attending

> (i) a university as defined in the Universities Act

>

> One question is when and why that designation was made. Was it made

> prior to the UofL incident and applied to all students in all

> universities or was it a designation made at the request of the

> University of Lethbridge for this particular case? Does anyone know?

>

> One would think that if it was the intention to so designate all

> students in some general way that this would have been done in the

> Act, where such designations have been made. But the matter quoted

> above is in the Regulations, which permits such designation but does

> not so designate. Where, then, was that designation made and for

> what reason? Let's hope it doesn't fall at the UofL doorstep.

>

> Tom



This really needs to be made more widely known. Tom, are you going to

add it to onebannashort?





--

Please avoid sending me Word or PowerPoint attachments.

See



-Dr. John R. Vokey







From mckenna at uleth.ca Thu Nov 20 14:47:33 2008

From: mckenna at uleth.ca (McKenna, Ian)

Date: Thu Nov 20 14:48:05 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



Tom and others>



I contacted a past President of U of L (Smith I recall) who replied from

BC that he knew nothing about the regulation. I also consulted the

archive of old Meliorists and there is nary a line written about this.

Interestingly, prior to Rebeca's "accident" there was no mention of the

WCB etc. in the University Calendar. Even now, the reference is vague.

It was originally passed to encourage employers (real ones) to provide

students with workplace experience. To make this more appealing to

employers, the Government paid WCB premiums of such students. For

whatever reason and absolutely no one in government, universities or the

WCB knows why, the WCB deemed all P.S. students to be workers merely by

being registered and in attendance at a university or college. The

result is that there is no paper trail regarding the purpose of the

Regulation. One assumes the purpose is simply to ease the financial

burden of universities twofold. The Government pays the WCB premiums and

the universities are rendered immune from legal action for negligence.

I don't think the U of L was involved in the passing of the Regulation

but it has certainly taken advantage of a highly questionable "law". I

can e-mail to those interested the arguments made on behalf of Rebeca to

the two Appeals Commission panels.

Cheers

Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Tom Robinson

Sent: Thursday, November 20, 2008 2:16 PM

To: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

From robinson at uleth.ca Thu Nov 20 15:01:05 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Thu Nov 20 15:06:16 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



Regarding Ian's helpful explanation, I am still puzzled how the clause

in the Regulations came to be applied. The clause does not require

such designation of students but permits it. There must have been some

action after the passing of the Regulations that appealed to this

clause in the Regulations in order to have students so designated. The

Regulations do not make the designation, at least as I read it. There

must be some formal decision by WCB to so designate students--which

the Regulations permit WCB to do, but which the Regulations don't

themselves do. Or do I just not understand the language of legislation?



To John's question, some matters are posted on OBS, and I will post

more when I can get a clear history of how the designation came about.



Tom



On 20-Nov-08, at 2:47 PM, McKenna, Ian wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Tom and others>

>

> I contacted a past President of U of L (Smith I recall) who replied

> from

> BC that he knew nothing about the regulation. I also consulted the

> archive of old Meliorists and there is nary a line written about this.

> Interestingly, prior to Rebeca's "accident" there was no mention of

> the

> WCB etc. in the University Calendar. Even now, the reference is vague.

> It was originally passed to encourage employers (real ones) to provide

> students with workplace experience. To make this more appealing to

> employers, the Government paid WCB premiums of such students. For

> whatever reason and absolutely no one in government, universities or

> the

> WCB knows why, the WCB deemed all P.S. students to be workers merely

> by

> being registered and in attendance at a university or college. The

> result is that there is no paper trail regarding the purpose of the

> Regulation. One assumes the purpose is simply to ease the financial

> burden of universities twofold. The Government pays the WCB premiums

> and

> the universities are rendered immune from legal action for negligence.

> I don't think the U of L was involved in the passing of the Regulation

> but it has certainly taken advantage of a highly questionable "law". I

> can e-mail to those interested the arguments made on behalf of

> Rebeca to

> the two Appeals Commission panels.

> Cheers

> Ian

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

> Behalf

> Of Tom Robinson

> Sent: Thursday, November 20, 2008 2:16 PM

> To: cafr-l, MailList

> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From forgie at uleth.ca Thu Nov 20 15:28:44 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Thu Nov 20 15:33:53 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:











Message-ID:



This is important! It implies that the U can designate at a whim

whomever they wish to be in this category... ? after the incident has

occurred? Does anyone know the timeline of the college case?? M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 20-Nov-08, at 3:01 PM, Tom Robinson wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Regarding Ian's helpful explanation, I am still puzzled how the

> clause in the Regulations came to be applied. The clause does not

> require such designation of students but permits it. There must

> have been some action after the passing of the Regulations that

> appealed to this clause in the Regulations in order to have

> students so designated. The Regulations do not make the

> designation, at least as I read it. There must be some formal

> decision by WCB to so designate students--which the Regulations

> permit WCB to do, but which the Regulations don't themselves do. Or

> do I just not understand the language of legislation?

>

> To John's question, some matters are posted on OBS, and I will post

> more when I can get a clear history of how the designation came about.

>

> Tom

>

> On 20-Nov-08, at 2:47 PM, McKenna, Ian wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the

>> content of their messages.

>>

>> --------------------

>> Tom and others>

>>

>> I contacted a past President of U of L (Smith I recall) who

>> replied from

>> BC that he knew nothing about the regulation. I also consulted the

>> archive of old Meliorists and there is nary a line written about

>> this.

>> Interestingly, prior to Rebeca's "accident" there was no mention

>> of the

>> WCB etc. in the University Calendar. Even now, the reference is

>> vague.

>> It was originally passed to encourage employers (real ones) to

>> provide

>> students with workplace experience. To make this more appealing to

>> employers, the Government paid WCB premiums of such students. For

>> whatever reason and absolutely no one in government, universities

>> or the

>> WCB knows why, the WCB deemed all P.S. students to be workers

>> merely by

>> being registered and in attendance at a university or college. The

>> result is that there is no paper trail regarding the purpose of the

>> Regulation. One assumes the purpose is simply to ease the financial

>> burden of universities twofold. The Government pays the WCB

>> premiums and

>> the universities are rendered immune from legal action for

>> negligence.

>> I don't think the U of L was involved in the passing of the

>> Regulation

>> but it has certainly taken advantage of a highly questionable

>> "law". I

>> can e-mail to those interested the arguments made on behalf of

>> Rebeca to

>> the two Appeals Commission panels.

>> Cheers

>> Ian

>>

>> -----Original Message-----

>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>> Behalf

>> Of Tom Robinson

>> Sent: Thursday, November 20, 2008 2:16 PM

>> To: cafr-l, MailList

>> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From forgie at uleth.ca Thu Nov 20 15:37:19 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Thu Nov 20 15:42:27 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



Not sure why this didn't go through. Apologies for doubles. M.



Indeed. It would seem to be then that the U could designate on a

case by case basis, or a "whim", depending on the severity of the

situation for the face and finances of the U? Correct me if I am

wrong. M

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 20-Nov-08, at 2:30 PM, John Vokey wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

>> It appears that the WCB Regulations do not require, but only

>> permit, the WCB to designate students as workers (7.1.c.i).

>>

>> http://www.qp.gov.ab.ca/documents/Regs/2002_325.cfm?

>> frm_isbn=0779743539

>>

>> Order declaring Act to apply

>> 7(1) The Board may make orders declaring that the Act applies to

>> the following classes of persons

>> (c) students registered in and attending

>> (i) a university as defined in the Universities Act

>>

>> One question is when and why that designation was made. Was it

>> made prior to the UofL incident and applied to all students in all

>> universities or was it a designation made at the request of the

>> University of Lethbridge for this particular case? Does anyone know?

>>

>> One would think that if it was the intention to so designate all

>> students in some general way that this would have been done in the

>> Act, where such designations have been made. But the matter quoted

>> above is in the Regulations, which permits such designation but

>> does not so designate. Where, then, was that designation made and

>> for what reason? Let's hope it doesn't fall at the UofL doorstep.

>>

>> Tom

>

> This really needs to be made more widely known. Tom, are you going

> to add it to onebannashort?

>

>

> --

> Please avoid sending me Word or PowerPoint attachments.

> See

>

> -Dr. John R. Vokey

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From vokey at uleth.ca Thu Nov 20 15:59:05 2008

From: vokey at uleth.ca (John Vokey)

Date: Thu Nov 20 15:59:07 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:









Message-ID:



IS the Alberta gov't currently paying the WCB premiums for all

students at the U of L? Really?



On 20-Nov-08, at 2:47 PM, McKenna, Ian wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Tom and others>

>

> I contacted a past President of U of L (Smith I recall) who replied

> from

> BC that he knew nothing about the regulation. I also consulted the

> archive of old Meliorists and there is nary a line written about this.

> Interestingly, prior to Rebeca's "accident" there was no mention of

> the

> WCB etc. in the University Calendar. Even now, the reference is vague.

> It was originally passed to encourage employers (real ones) to provide

> students with workplace experience. To make this more appealing to

> employers, the Government paid WCB premiums of such students. For

> whatever reason and absolutely no one in government, universities or

> the

> WCB knows why, the WCB deemed all P.S. students to be workers merely

> by

> being registered and in attendance at a university or college. The

> result is that there is no paper trail regarding the purpose of the

> Regulation. One assumes the purpose is simply to ease the financial

> burden of universities twofold. The Government pays the WCB premiums

> and

> the universities are rendered immune from legal action for negligence.

> I don't think the U of L was involved in the passing of the Regulation

> but it has certainly taken advantage of a highly questionable "law". I

> can e-mail to those interested the arguments made on behalf of

> Rebeca to

> the two Appeals Commission panels.

> Cheers

> Ian

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

> Behalf

> Of Tom Robinson

> Sent: Thursday, November 20, 2008 2:16 PM

> To: cafr-l, MailList

> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From andrea.glover at uleth.ca Thu Nov 20 16:14:24 2008

From: andrea.glover at uleth.ca (Glover, Andrea)

Date: Thu Nov 20 16:16:44 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

References:









Message-ID:



Tracking the legislative changes and encouraging those who have not to

read CANLii's recap:

http://www.canlii.org/eliisa/highlight.do?text=WCB+university+students+&l

anguage=en&searchTitle=Alberta&path=/en/ab/abqb/doc/2007/2007abqb551/2007

abqb551.html





Andrea Glover



Librarian to the Best & the Brightest

Information Services/Collection Development Librarian

Library Science 0500 Instructor for the Native Transition Program

Subject Librarian for Economics, Kinesiology & Physical Education, Native

American Studies, Political Science and Psychology



University of Lethbridge Library

4401-University Drive

Lethbridge, AB T1K 3M4

1-403-329-2390 andrea.glover@uleth.ca



"Humor is a reminder that no matter how high the throne one sits on, one

sits on one's bottom."





~Taki







________________________________



From: cafr-l-bounces@uleth.ca on behalf of McKenna, Ian

Sent: Thu 11/20/2008 2:47 PM

To: cafr-l, MailList

Subject: RE: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Tom and others>



I contacted a past President of U of L (Smith I recall) who replied from

BC that he knew nothing about the regulation. I also consulted the

archive of old Meliorists and there is nary a line written about this.

Interestingly, prior to Rebeca's "accident" there was no mention of the

WCB etc. in the University Calendar. Even now, the reference is vague.

It was originally passed to encourage employers (real ones) to provide

students with workplace experience. To make this more appealing to

employers, the Government paid WCB premiums of such students. For

whatever reason and absolutely no one in government, universities or the

WCB knows why, the WCB deemed all P.S. students to be workers merely by

being registered and in attendance at a university or college. The

result is that there is no paper trail regarding the purpose of the

Regulation. One assumes the purpose is simply to ease the financial

burden of universities twofold. The Government pays the WCB premiums and

the universities are rendered immune from legal action for negligence.

I don't think the U of L was involved in the passing of the Regulation

but it has certainly taken advantage of a highly questionable "law". I

can e-mail to those interested the arguments made on behalf of Rebeca to

the two Appeals Commission panels.

Cheers

Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of Tom Robinson

Sent: Thursday, November 20, 2008 2:16 PM

To: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l





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From forgie at uleth.ca Thu Nov 20 17:19:22 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Thu Nov 20 17:24:31 2008

Subject: [CAFR-L] Fwd: An Invitation from the ULSU

References:

Message-ID:



OK... Here I go into the flaming pit of fire for my students.... God

protect my really great shoes! Or Ms. Forgie doesn't exist so I can

be my alternate self.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4

phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









Begin forwarded message:



> From: Margaret Forgie

> Date: November 20, 2008 5:16:35 PM MST (CA)

> To: "Adam Vossepoel"

> Subject: Re: An Invitation from the ULSU

>

> Dear Adam. I expressed concern to my students over the fact that

> ULSU has not informed the students of this institution that they

> are deemed workers (or employees) of the Government of Alberta with

> respect to WCB compensation in the event of an injury sustained on

> campus as a result of negligence by the University. This is a

> matter of truth in law, and few students are aware of the issue.

> It is also the case that this "legislation" or "regulation" applies

> to a child attending a community program. I am a parent with a

> child that attends such a program at the U so I am also concerned

> for him.

>

> I in no way impugned your reputation, but rather informed my

> students as is my right and obligation as a faculty member of this

> University. I cannot control what a student said to you, I merely

> encouraged them all to find their voice and contact the SU as per

> their rights as students, and to receive clarification of the

> issue. The WCB designation and regulations should be available to

> all students but it is not.

>

> I would be happy to meet you in a professional capacity at some

> point next week. Depending on the nature of the interview, I will

> ask another member of ULFA to accompany me.

>

> Yours, Dr. Margaret Forgie

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

> On 20-Nov-08, at 4:34 PM, Adam Vossepoel wrote:

>

>> Good Afternoon Ms. Forgie,

>>

>>

>> My name is Adam Vossepoel, the President of the University of

>> Lethbridge Students' Union.

>>

>> Recently, a student in one of your classes approached us, indicating

>> that you had expressed concerns about the ULSU, and its effects on

>> the

>> student population here at the University.

>>

>> I would like to take this opportunity to extend an invitation to meet

>> with me, and discuss those concerns.

>>

>> The ULSU is committed to enhancing the quality of education of

>> students at the U of L through our advocacy work, services, and

>> numerous events that we initiate and support. We are an open and

>> accountable organization that constantly attempts to improve through

>> directly addressing the needs of our students. To this end, we

>> welcome

>> criticism and suggestions on how we can more effectively fulfill our

>> mandate. This input is welcomed from all stakeholders in the

>> University community; staff, faculty and students alike.

>>

>> Please let me know how we can arrange a meeting. As I indicated, I

>> would very much welcome the opportunity to speak with you about our

>> organization, and address any issue that you may have with it.

>>

>>

>> Sincerely,

>>

>> Adam

>>

>>

>>

>> --

>> Adam Vossepoel

>>

>> President

>>

>> University of Lethbridge Students' Union

>> 4401 University Drive West

>> Lethbridge, Alberta

>> T1K 3M4

>>

>> (403)-329-2221

>>

>> www.ulsu.ca

>



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From mckenna at uleth.ca Thu Nov 20 18:06:24 2008

From: mckenna at uleth.ca (McKenna, Ian)

Date: Thu Nov 20 18:06:47 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:







Message-ID:



John and others

Yes the deeming is discretionary for first the government and then the

WCB. Arguably that discretion was abused

because the intention of the legislation (i.e. the Workers' Compensation

Act) is to compensate workers injured in the course of employment, not

students. Of course the REAL intention of the Act is to protect

employers from legal action. I am sure a lawyer could win this argument

in the Court of Appeal and the SCC but where to find one?



Ian



-----Original Message-----

From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On Behalf

Of John Vokey

Sent: Thursday, November 20, 2008 2:31 PM

To: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

> It appears that the WCB Regulations do not require, but only permit,

> the WCB to designate students as workers (7.1.c.i).

>

> http://www.qp.gov.ab.ca/documents/Regs/2002_325.cfm?

> frm_isbn=0779743539

>

> Order declaring Act to apply

> 7(1) The Board may make orders declaring that the Act applies to

> the following classes of persons

> (c) students registered in and attending

> (i) a university as defined in the Universities Act

>

> One question is when and why that designation was made. Was it made

> prior to the UofL incident and applied to all students in all

> universities or was it a designation made at the request of the

> University of Lethbridge for this particular case? Does anyone know?

>

> One would think that if it was the intention to so designate all

> students in some general way that this would have been done in the

> Act, where such designations have been made. But the matter quoted

> above is in the Regulations, which permits such designation but does

> not so designate. Where, then, was that designation made and for

> what reason? Let's hope it doesn't fall at the UofL doorstep.

>

> Tom



This really needs to be made more widely known. Tom, are you going to

add it to onebannashort?





--

Please avoid sending me Word or PowerPoint attachments.

See



-Dr. John R. Vokey







_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



From deborah.saucier at uleth.ca Thu Nov 20 20:26:05 2008

From: deborah.saucier at uleth.ca (Deborah Saucier)

Date: Thu Nov 20 20:26:08 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:











Message-ID:



no offense to our current librarian,

but i wish you were our librarian (we want to be part of the best and

brightest)



-d

Deborah Saucier

Canada Research Chair

Director, Canadian Centre for Behavioural Neuroscience



Dept. Neuroscience

4401 University Dr.

University of Lethbridge

Lethbridge, AB

T1K 3M4



deborah.saucier@uleth.ca

ph: 403.332.5270

fax: 403.329.2775









On 20-Nov-08, at 4:14 PM, Glover, Andrea wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Tracking the legislative changes and encouraging those who have not

> to read CANLii's recap:

>

>

http://www.canlii.org/eliisa/highlight.do?text=WCB+university+students+&l

anguage=en&searchTitle=Alberta&path=/en/ab/abqb/doc/2007/2007abqb551/2007

abqb551.html

>

>

> Andrea Glover

>

> Librarian to the Best & the Brightest

> Information Services/Collection Development Librarian

> Library Science 0500 Instructor for the Native Transition Program

> Subject Librarian for Economics, Kinesiology & Physical Education,

> Native American Studies, Political Science and Psychology

>

> University of Lethbridge Library

> 4401-University Drive

> Lethbridge, AB T1K 3M4

> 1-403-329-2390 andrea.glover@uleth.ca

>

> "Humor is a reminder that no matter how high the throne one sits on,

> one sits on one's bottom."

>

>

~

> Taki

>

>

>

> From: cafr-l-bounces@uleth.ca on behalf of McKenna, Ian

> Sent: Thu 11/20/2008 2:47 PM

> To: cafr-l, MailList

> Subject: RE: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Tom and others>

>

> I contacted a past President of U of L (Smith I recall) who replied

> from

> BC that he knew nothing about the regulation. I also consulted the

> archive of old Meliorists and there is nary a line written about this.

> Interestingly, prior to Rebeca's "accident" there was no mention of

> the

> WCB etc. in the University Calendar. Even now, the reference is vague.

> It was originally passed to encourage employers (real ones) to provide

> students with workplace experience. To make this more appealing to

> employers, the Government paid WCB premiums of such students. For

> whatever reason and absolutely no one in government, universities or

> the

> WCB knows why, the WCB deemed all P.S. students to be workers merely

> by

> being registered and in attendance at a university or college. The

> result is that there is no paper trail regarding the purpose of the

> Regulation. One assumes the purpose is simply to ease the financial

> burden of universities twofold. The Government pays the WCB premiums

> and

> the universities are rendered immune from legal action for negligence.

> I don't think the U of L was involved in the passing of the Regulation

> but it has certainly taken advantage of a highly questionable "law". I

> can e-mail to those interested the arguments made on behalf of

> Rebeca to

> the two Appeals Commission panels.

> Cheers

> Ian

>

> -----Original Message-----

> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

> Behalf

> Of Tom Robinson

> Sent: Thursday, November 20, 2008 2:16 PM

> To: cafr-l, MailList

> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From mckenna at uleth.ca Thu Nov 20 21:53:11 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Thu Nov 20 21:53:13 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:













Message-ID:





Margaret:

The University of Lethbridge itself cannot apply the Regulation to just

any class of persons not already covered by the Regulation. It could

decide that some person(s) is a student for purposes of the Regulation

and

perhaps decide what counts as registered and in attendance at the

University. Sports programs are exempt from the Regulation but a minor

enrolled in a dance program could find herself/himself barred from suing

for compensation for injuries incurred at the dance class due to

negligence on the part of the university. I'd wager attendees at such

classes are not informed of this unless of course they are injured and

seek compensation.



You are right to express surprise that the ULSU has been completely

supine

over the last 9 years. They should be occupying administrative offices

and

rallying in the streets against this monstrosity of a law. Alas, the c.v.

of a students' union executive officer appears to be of substantially

greater importance than addressing concerns of the student body.



Thanks



Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Not sure why this didn't go through. Apologies for doubles. M.

>

> Indeed. It would seem to be then that the U could designate on a

> case by case basis, or a "whim", depending on the severity of the

> situation for the face and finances of the U? Correct me if I am

> wrong. M

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

> On 20-Nov-08, at 2:30 PM, John Vokey wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>>> It appears that the WCB Regulations do not require, but only

>>> permit, the WCB to designate students as workers (7.1.c.i).

>>>

>>> http://www.qp.gov.ab.ca/documents/Regs/2002_325.cfm?

>>> frm_isbn=0779743539

>>>

>>> Order declaring Act to apply

>>> 7(1) The Board may make orders declaring that the Act applies to

>>> the following classes of persons

>>> (c) students registered in and attending

>>> (i) a university as defined in the Universities Act

>>>

>>> One question is when and why that designation was made. Was it

>>> made prior to the UofL incident and applied to all students in all

>>> universities or was it a designation made at the request of the

>>> University of Lethbridge for this particular case? Does anyone know?

>>>

>>> One would think that if it was the intention to so designate all

>>> students in some general way that this would have been done in the

>>> Act, where such designations have been made. But the matter quoted

>>> above is in the Regulations, which permits such designation but

>>> does not so designate. Where, then, was that designation made and

>>> for what reason? Let's hope it doesn't fall at the UofL doorstep.

>>>

>>> Tom

>>

>> This really needs to be made more widely known. Tom, are you going

>> to add it to onebannashort?

>>

>>

>> --

>> Please avoid sending me Word or PowerPoint attachments.

>> See

>>

>> -Dr. John R. Vokey

>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>







From mckenna at uleth.ca Thu Nov 20 21:57:04 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Thu Nov 20 21:57:05 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:













Message-ID:



I believe so but that is easily enough checked. Our "risk management

director" can reveal that. Let's face it, the risks of injury of a

student

are low enough to make the premiums peanuts for the government.

Ian

Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> IS the Alberta gov't currently paying the WCB premiums for all

> students at the U of L? Really?

>

> On 20-Nov-08, at 2:47 PM, McKenna, Ian wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> Tom and others>

>>

>> I contacted a past President of U of L (Smith I recall) who replied

>> from

>> BC that he knew nothing about the regulation. I also consulted the

>> archive of old Meliorists and there is nary a line written about this.

>> Interestingly, prior to Rebeca's "accident" there was no mention of

>> the

>> WCB etc. in the University Calendar. Even now, the reference is vague.

>> It was originally passed to encourage employers (real ones) to provide

>> students with workplace experience. To make this more appealing to

>> employers, the Government paid WCB premiums of such students. For

>> whatever reason and absolutely no one in government, universities or

>> the

>> WCB knows why, the WCB deemed all P.S. students to be workers merely

>> by

>> being registered and in attendance at a university or college. The

>> result is that there is no paper trail regarding the purpose of the

>> Regulation. One assumes the purpose is simply to ease the financial

>> burden of universities twofold. The Government pays the WCB premiums

>> and

>> the universities are rendered immune from legal action for negligence.

>> I don't think the U of L was involved in the passing of the Regulation

>> but it has certainly taken advantage of a highly questionable "law". I

>> can e-mail to those interested the arguments made on behalf of

>> Rebeca to

>> the two Appeals Commission panels.

>> Cheers

>> Ian

>>

>> -----Original Message-----

>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>> Behalf

>> Of Tom Robinson

>> Sent: Thursday, November 20, 2008 2:16 PM

>> To: cafr-l, MailList

>> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>







From vokey at uleth.ca Thu Nov 20 22:11:23 2008

From: vokey at uleth.ca (John Vokey)

Date: Thu Nov 20 22:11:24 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:















Message-ID:



But, if true (that the gov't is paying WCB premiums on behalf of every

university student), shouldn't the public be made aware of what their

tax dollars are paying for? Viz.: the gov't is paying premiums to

ensure that students can't sue. Baffling.



On 20-Nov-08, at 9:57 PM, Ian McKenna wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> I believe so but that is easily enough checked. Our "risk management

> director" can reveal that. Let's face it, the risks of injury of a

> student

> are low enough to make the premiums peanuts for the government.

> Ian

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> IS the Alberta gov't currently paying the WCB premiums for all

>> students at the U of L? Really?

>>

>> On 20-Nov-08, at 2:47 PM, McKenna, Ian wrote:

>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the content

>>> of their messages.

>>>

>>> --------------------

>>> Tom and others>

>>>

>>> I contacted a past President of U of L (Smith I recall) who replied

>>> from

>>> BC that he knew nothing about the regulation. I also consulted the

>>> archive of old Meliorists and there is nary a line written about

>>> this.

>>> Interestingly, prior to Rebeca's "accident" there was no mention of

>>> the

>>> WCB etc. in the University Calendar. Even now, the reference is

>>> vague.

>>> It was originally passed to encourage employers (real ones) to

>>> provide

>>> students with workplace experience. To make this more appealing to

>>> employers, the Government paid WCB premiums of such students. For

>>> whatever reason and absolutely no one in government, universities or

>>> the

>>> WCB knows why, the WCB deemed all P.S. students to be workers merely

>>> by

>>> being registered and in attendance at a university or college. The

>>> result is that there is no paper trail regarding the purpose of the

>>> Regulation. One assumes the purpose is simply to ease the financial

>>> burden of universities twofold. The Government pays the WCB premiums

>>> and

>>> the universities are rendered immune from legal action for

>>> negligence.

>>> I don't think the U of L was involved in the passing of the

>>> Regulation

>>> but it has certainly taken advantage of a highly questionable

>>> "law". I

>>> can e-mail to those interested the arguments made on behalf of

>>> Rebeca to

>>> the two Appeals Commission panels.

>>> Cheers

>>> Ian

>>>

>>> -----Original Message-----

>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>> Behalf

>>> Of Tom Robinson

>>> Sent: Thursday, November 20, 2008 2:16 PM

>>> To: cafr-l, MailList

>>> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From siminovitch at uleth.ca Thu Nov 20 22:15:45 2008

From: siminovitch at uleth.ca (David Siminovitch)

Date: Thu Nov 20 22:15:47 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:















Message-ID:



> Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> I believe so but that is easily enough checked. Our "risk management

> director" can reveal that. Let's face it, the risks of injury of a

student

> are low enough to make the premiums peanuts for the government.

> Ian

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> IS the Alberta gov't currently paying the WCB premiums for all

>> students at the U of L? Really?

>>

>> On 20-Nov-08, at 2:47 PM, McKenna, Ian wrote:

>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the content

>>> of their messages.

>>>

>>> --------------------

>>> Tom and others>

>>>

>>> I contacted a past President of U of L (Smith I recall) who replied

>>> from

>>> BC that he knew nothing about the regulation. I also consulted the

>>> archive of old Meliorists and there is nary a line written about

this.

>>> Interestingly, prior to Rebeca's "accident" there was no mention of

>>> the

>>> WCB etc. in the University Calendar. Even now, the reference is

vague.

>>> It was originally passed to encourage employers (real ones) to

provide

>>> students with workplace experience. To make this more appealing to

>>> employers, the Government paid WCB premiums of such students. For

>>> whatever reason and absolutely no one in government, universities or

>>> the

>>> WCB knows why, the WCB deemed all P.S. students to be workers merely

>>> by

>>> being registered and in attendance at a university or college. The

>>> result is that there is no paper trail regarding the purpose of the

>>> Regulation. One assumes the purpose is simply to ease the financial

>>> burden of universities twofold. The Government pays the WCB premiums

>>> and

>>> the universities are rendered immune from legal action for

negligence.

>>> I don't think the U of L was involved in the passing of the

Regulation

>>> but it has certainly taken advantage of a highly questionable "law".

I

>>> can e-mail to those interested the arguments made on behalf of

>>> Rebeca to

>>> the two Appeals Commission panels.

>>> Cheers

>>> Ian

>>>

>>> -----Original Message-----

>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>> Behalf

>>> Of Tom Robinson

>>> Sent: Thursday, November 20, 2008 2:16 PM

>>> To: cafr-l, MailList

>>> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>>>

>>> Postings to this list are *Publicly Archived.* This is an unmoderated

>>> list and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

I'm not so sure that "the risks of injury of a

student

are low enough to make the premiums peanuts for the government." In the

monthly accident statistics reviewed by the university health and safety

committee, students are typically well represented. They are, after all,

the largest group on campus. But the premium issue could be settled by

simply asking Risk and Safety Services. I'll let you know what reply I

get.

David









From vokey at uleth.ca Thu Nov 20 22:20:55 2008

From: vokey at uleth.ca (John Vokey)

Date: Thu Nov 20 22:20:56 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

In-Reply-To:

References:

















Message-ID:



But, if true, the gov't is paying premiums not to insure the students

(after all, any percentage of zero wages is zero), but to ensure they

collect nothing! And if the gov't is NOT paying premiums, then the

whole thing really is a charade and a fraud. But it amounts to

students being screwed in either case.





On 20-Nov-08, at 10:15 PM, David Siminovitch wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> I believe so but that is easily enough checked. Our "risk management

>> director" can reveal that. Let's face it, the risks of injury of a

>> student

>> are low enough to make the premiums peanuts for the government.

>> Ian

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list

>>> and posters are solely responsible for the content of their

>>> messages.

>>>

>>> --------------------

>>> IS the Alberta gov't currently paying the WCB premiums for all

>>> students at the U of L? Really?

>>>

>>> On 20-Nov-08, at 2:47 PM, McKenna, Ian wrote:

>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated list and posters are solely responsible for the content

>>>> of their messages.

>>>>

>>>> --------------------

>>>> Tom and others>

>>>>

>>>> I contacted a past President of U of L (Smith I recall) who replied

>>>> from

>>>> BC that he knew nothing about the regulation. I also consulted the

>>>> archive of old Meliorists and there is nary a line written about

>>>> this.

>>>> Interestingly, prior to Rebeca's "accident" there was no mention of

>>>> the

>>>> WCB etc. in the University Calendar. Even now, the reference is

>>>> vague.

>>>> It was originally passed to encourage employers (real ones) to

>>>> provide

>>>> students with workplace experience. To make this more appealing to

>>>> employers, the Government paid WCB premiums of such students. For

>>>> whatever reason and absolutely no one in government, universities

>>>> or

>>>> the

>>>> WCB knows why, the WCB deemed all P.S. students to be workers

>>>> merely

>>>> by

>>>> being registered and in attendance at a university or college. The

>>>> result is that there is no paper trail regarding the purpose of the

>>>> Regulation. One assumes the purpose is simply to ease the financial

>>>> burden of universities twofold. The Government pays the WCB

>>>> premiums

>>>> and

>>>> the universities are rendered immune from legal action for

>>>> negligence.

>>>> I don't think the U of L was involved in the passing of the

>>>> Regulation

>>>> but it has certainly taken advantage of a highly questionable

>>>> "law". I

>>>> can e-mail to those interested the arguments made on behalf of

>>>> Rebeca to

>>>> the two Appeals Commission panels.

>>>> Cheers

>>>> Ian

>>>>

>>>> -----Original Message-----

>>>> From: cafr-l-bounces@uleth.ca [mailto:cafr-l-bounces@uleth.ca] On

>>>> Behalf

>>>> Of Tom Robinson

>>>> Sent: Thursday, November 20, 2008 2:16 PM

>>>> To: cafr-l, MailList

>>>> Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

>>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated

>>>> list and posters are solely responsible for the content of their

>>>> messages.

>>>>

>>>> --------------------

>>>>

>>>> _______________________________________________

>>>> cafr-l mailing list

>>>> cafr-l@uleth.ca

>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

> I'm not so sure that "the risks of injury of a

> student

> are low enough to make the premiums peanuts for the government." In

> the

> monthly accident statistics reviewed by the university health and

> safety

> committee, students are typically well represented. They are, after

> all,

> the largest group on campus. But the premium issue could be settled by

> simply asking Risk and Safety Services. I'll let you know what reply I

> get.

> David

>

>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From andrea.glover at uleth.ca Fri Nov 21 10:24:23 2008

From: andrea.glover at uleth.ca (Glover, Andrea)

Date: Fri Nov 21 10:24:25 2008

Subject: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.

References:













Message-ID:

Uh... fortunately for you, she (your Librarian) is one the best and

brightest in the LibraryLand postal code and I just trail gamely along in

her wake.



However, if you wannabe part of the identified B&B then shuttle over to

one of my subject areas.



Andrea



Andrea Glover



Librarian to the Best & the Brightest

Information Services/Collection Development Librarian

Library Science 0500 Instructor for the Native Transition Program

Subject Librarian for Economics, Kinesiology & Physical Education, Native

American Studies, Political Science and Psychology



University of Lethbridge Library

4401-University Drive

Lethbridge, AB T1K 3M4

1-403-329-2390 andrea.glover@uleth.ca



"Humor is a reminder that no matter how high the throne one sits on, one

sits on one's bottom."





~Taki







________________________________



From: cafr-l-bounces@uleth.ca on behalf of Deborah Saucier

Sent: Thu 11/20/2008 8:26 PM

To: cafr-l, MailList

Subject: Re: [ldskeptics-l] RE: [CAFR-L] U of L's falling lights.







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From forgie at uleth.ca Sat Nov 22 14:02:41 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sat Nov 22 14:02:48 2008

Subject: [CAFR-L] My informing of students

Message-ID:

Dear Colleagues. It would appear that my informing of students in my

classes in person has produced a negative response from the current

ULSU executive. I believe that I circulated my response to Adam V.

the SU president to you. He has yet to respond to me.



Unbeknown to me, the executive of the ULSU "visited" the Chair of my

Department, to protest my "inappropriate" use of class time. My

chair communicated this information to me this morning after I

informed him of the details of the issue. My Chair IS NOT INVOLVED -

except for the fact that he is our chair.



I of course cannot know what a student said to SU and they then said

to them and so on and so on... the telephone game that children play

at school (my son less than a week ago on a workshop at his high

school on bullying and gossip, for instance).



I stand by my message and my use of class time and I am just sadly

disappointed that this is where our idealism went in less than 2 days.



M.



_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









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From mckenna at uleth.ca Sat Nov 22 15:30:44 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sat Nov 22 15:30:46 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:

Message-ID:

Margaret and others:



I feel embarrassed and guilty that I shall be free of this decaying and

decadent empire in the very near future.



I know what you meant that you "cannot know what the student said to the

ULSU". Of course it is necessary that you must hear what was said by him

or her to ensure that it was not defamatory to you. Last time I looked,

you are entitled to academic freedom in the classroom and I fail to see

any breach of duty on your part. I have mentioned in class to a number of

Management Law classes over the past nine years that students are

considered (ooops "deemed" no less) to be employees of the Government of

Alberta. This was invariably met with chilling apathy, by the way.



I assume this will blow over because of its pettiness but the reaction of

ULSU is disappointingly to be expected.



Perhaps you should have provided the class with a racier form of

"deeming"

such as the Criminal Code of Canada's deeming "scantily clad" as

"nudity".



Perhaps your next class should include a short lesson on academic

freedom?

Cheers

Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------Dear Colleagues. It would appear that my informing

of

> students in my

> classes in person has produced a negative response from the current

> ULSU executive. I believe that I circulated my response to Adam V.

> the SU president to you. He has yet to respond to me.

>

> Unbeknown to me, the executive of the ULSU "visited" the Chair of my

> Department, to protest my "inappropriate" use of class time. My

> chair communicated this information to me this morning after I

> informed him of the details of the issue. My Chair IS NOT INVOLVED -

> except for the fact that he is our chair.

>

> I of course cannot know what a student said to SU and they then said

> to them and so on and so on... the telephone game that children play

> at school (my son less than a week ago on a workshop at his high

> school on bullying and gossip, for instance).

>

> I stand by my message and my use of class time and I am just sadly

> disappointed that this is where our idealism went in less than 2 days.

>

> M.

>

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

>







From robinson at uleth.ca Sat Nov 22 15:50:49 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sat Nov 22 15:50:55 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:

Message-ID:



Margaret,



I am behind you. That might not help, but at least you won't die on

that hill alone.



Tom



On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:



>

> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

> Content-Disposition: inline

> Content-Type: text/plain;

> charset=US-ASCII

> Content-Transfer-Encoding: 7bit

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

> Content-Type: multipart/alternative;

> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

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> Content-Type: text/plain;

> format=flowed;

> delsp=yes

> Content-Transfer-Encoding: 7bit

>

> Dear Colleagues. It would appear that my informing of students in my

> classes in person has produced a negative response from the current

> ULSU executive. I believe that I circulated my response to Adam V.

> the SU president to you. He has yet to respond to me.

>

> Unbeknown to me, the executive of the ULSU "visited" the Chair of my

> Department, to protest my "inappropriate" use of class time. My

> chair communicated this information to me this morning after I

> informed him of the details of the issue. My Chair IS NOT INVOLVED -

> except for the fact that he is our chair.

>

> I of course cannot know what a student said to SU and they then said

> to them and so on and so on... the telephone game that children play

> at school (my son less than a week ago on a workshop at his high

> school on bullying and gossip, for instance).

>

> I stand by my message and my use of class time and I am just sadly

> disappointed that this is where our idealism went in less than 2 days.

>

> M.

>

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

>

> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

> Content-Disposition: attachment

> Content-Type: text/html;

> charset=iso-8859-1

> Content-Transfer-Encoding: quoted-printable

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> space; =

> -webkit-line-break: after-white-space; ">

> Dear Colleagues. =A0It would appear that my informing of students in

> my =

> classes in person has produced a negative response from the current

> ULSU =

> executive. =A0I believe that I circulated my response to Adam V. the

> SU =

> president to you. =A0He has yet to respond to =

> me.=A0Unbeknown to me, the executive of the ULSU =

> "visited" the Chair of my Department, to protest my "inappropriate"

> use =

> of class time. =A0My chair communicated this information to me this =

> morning after I informed him of the details of the issue. =A0My

> Chair IS =

> NOT INVOLVED -except for the fact that he is our =

> chair.I of course cannot know what a =

> student said to SU and they then said to them and so on and so on... =

> =A0the telephone game that children play at school (my son less than

> a =

> week ago on a workshop at his high school on bullying and gossip,

> for =

> instance).I stand by my message and my use

> of =

> class time and I am just sadly disappointed that this is where our =

> idealism went in less than 2 =

> days.M. class=3D"Apple-style-span" style=3D"border-collapse: separate;

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> Psychology margin-bottom: 0px; margin-left: 0px; ">Uhall - D850 style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

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> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">T1K =

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> 403-329-2437=A0 0px; =

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> margin-left: 0px; ">email:=A0 href=3D"mailto:forgie@uleth.ca">forgie@uleth.ca (preferred =

> contact) margin-bottom: 0px; margin-left: 0px; "> class=3D"webkit-block-placeholder"> 0px; =

> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; "> class=3D"webkit-block-placeholder"> class=3D"webkit-block-placeholder"> class=3D"Apple-interchange-newline"> class=3D"Apple-interchange-newline"> =

> =

>

> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>

> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

> Content-Disposition: attachment

> Content-Type: text/plain;

> charset=US-ASCII

> Content-Transfer-Encoding: 7bit

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--





From forgie at uleth.ca Sat Nov 22 16:38:32 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sat Nov 22 16:38:39 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:



Message-ID:



Excellent... You bring the lawn chairs and the coolers of beer, I'll

bring the soup, the blankets, and the umbrellas. wan :-) M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 22-Nov-08, at 3:50 PM, Tom Robinson wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Margaret,

>

> I am behind you. That might not help, but at least you won't die on

> that hill alone.

>

> Tom

>

> On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:

>

>>

>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>> Content-Disposition: inline

>> Content-Type: text/plain;

>> charset=US-ASCII

>> Content-Transfer-Encoding: 7bit

>>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the

>> content of their messages.

>>

>> --------------------

>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>> Content-Type: multipart/alternative;

>> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

>>

>>

>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>> Content-Type: text/plain;

>> format=flowed;

>> delsp=yes

>> Content-Transfer-Encoding: 7bit

>>

>> Dear Colleagues. It would appear that my informing of students in my

>> classes in person has produced a negative response from the current

>> ULSU executive. I believe that I circulated my response to Adam V.

>> the SU president to you. He has yet to respond to me.

>>

>> Unbeknown to me, the executive of the ULSU "visited" the Chair of my

>> Department, to protest my "inappropriate" use of class time. My

>> chair communicated this information to me this morning after I

>> informed him of the details of the issue. My Chair IS NOT INVOLVED -

>> except for the fact that he is our chair.

>>

>> I of course cannot know what a student said to SU and they then said

>> to them and so on and so on... the telephone game that children play

>> at school (my son less than a week ago on a workshop at his high

>> school on bullying and gossip, for instance).

>>

>> I stand by my message and my use of class time and I am just sadly

>> disappointed that this is where our idealism went in less than 2

>> days.

>>

>> M.

>>

>> _______________________

>>

>> Margaret L. Forgie, Ph.D.

>> Academic Assistant/Lecturer

>> Department of Psychology

>> Uhall - D850

>> The University of Lethbridge

>> 4401 University Drive

>> Lethbridge, AB, Canada

>> T1K 3M4

>>

>> phone: 403-329-2437

>> department: 403-329-2235

>> fax: 403-329-2555

>> email: forgie@uleth.ca (preferred contact)

>>

>>

>>

>>

>>

>>

>>

>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>> Content-Disposition: attachment

>> Content-Type: text/html;

>> charset=iso-8859-1

>> Content-Transfer-Encoding: quoted-printable

>>

>> > space; =

>> -webkit-line-break: after-white-space; ">

>> Dear Colleagues. =A0It would appear that my informing of students

>> in my =

>> classes in person has produced a negative response from the

>> current ULSU =

>> executive. =A0I believe that I circulated my response to Adam V.

>> the SU =

>> president to you. =A0He has yet to respond to =

>> me.=A0Unbeknown to me, the executive of the ULSU =

>> "visited" the Chair of my Department, to protest my

>> "inappropriate" use =

>> of class time. =A0My chair communicated this information to me this =

>> morning after I informed him of the details of the issue. =A0My

>> Chair IS =

>> NOT INVOLVED -except for the fact that he is our =

>> chair.I of course cannot know what a =

>> student said to SU and they then said to them and so on and so

>> on... =

>> =A0the telephone game that children play at school (my son less

>> than a =

>> week ago on a workshop at his high school on bullying and gossip,

>> for =

>> instance).I stand by my message and my

>> use of =

>> class time and I am just sadly disappointed that this is where our =

>> idealism went in less than 2 =

>> days.M. > class=3D"Apple-style-span" style=3D"border-collapse: separate;

>> color: =

>> rgb(0, 0, 0); font-family: 'Gill Sans'; font-size: 18px; font-

>> style: =

>> normal; font-variant: normal; font-weight: normal; letter-spacing: =

>> normal; line-height: normal; orphans: 2; text-align: auto; text-

>> indent: =

>> 0px; text-transform: none; white-space: normal; widows: 2; word-

>> spacing: =

>> 0px; -webkit-border-horizontal-spacing: 0px; =

>> -webkit-border-vertical-spacing: 0px; =

>> -webkit-text-decorations-in-effect: none; -webkit-text-size-adjust: =

>> auto; -webkit-text-stroke-width: 0; ">> span" =

>> style=3D"border-collapse: separate; color: rgb(0, 0, 0); font-

>> family: =

>> 'Gill Sans'; font-size: 18px; font-style: normal; font-variant:

>> normal; =

>> font-weight: normal; letter-spacing: normal; line-height: normal; =

>> orphans: 2; text-indent: 0px; text-transform: none; white-space:

>> normal; =

>> widows: 2; word-spacing: 0px; -webkit-border-horizontal-spacing:

>> 0px; =

>> -webkit-border-vertical-spacing: 0px; =

>> -webkit-text-decorations-in-effect: none; -webkit-text-size-adjust: =

>> auto; -webkit-text-stroke-width: 0px; ">> top: =

>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; =

>> ">_______________________> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">> class=3D"webkit-block-placeholder">> 0px; =

>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>> ">Margaret L. =

>> Forgie, Ph.D.> 0px; =

>> margin-bottom: 0px; margin-left: 0px; ">Academic =

>> Assistant/Lecturer> right: =

>> 0px; margin-bottom: 0px; margin-left: 0px; ">Department of =

>> Psychology> margin-bottom: 0px; margin-left: 0px; ">Uhall - D850> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>> margin-left: 0px; ">The University of Lethbridge> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>> margin-left: 0px; ">4401 University Drive=A0> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>> margin-left: 0px; ">Lethbridge, AB, Canada> style=3D"margin-top: =

>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">T1K =

>> 3M4> margin-bottom: 0px; margin-left: 0px; ">> class=3D"webkit-block-placeholder">> 0px; =

>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">phone: =

>> 403-329-2437=A0> 0px; =

>> margin-bottom: 0px; margin-left: 0px; ">department: =

>> 403-329-2235> margin-bottom: 0px; margin-left: 0px; ">fax: =A0403-329-2555> div>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>> margin-left: 0px; ">email:=A0> href=3D"mailto:forgie@uleth.ca">forgie@uleth.ca (preferred =

>> contact)> margin-bottom: 0px; margin-left: 0px; ">> class=3D"webkit-block-placeholder">> 0px; =

>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">> class=3D"webkit-block-placeholder">> class=3D"webkit-block-placeholder">> class=3D"Apple-interchange-newline">> class=3D"Apple-interchange-newline"> =

>> =

>>

>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>>

>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>> Content-Disposition: attachment

>> Content-Type: text/plain;

>> charset=US-ASCII

>> Content-Transfer-Encoding: 7bit

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From daniel.odonnell at uleth.ca Sat Nov 22 16:51:25 2008

From: daniel.odonnell at uleth.ca (Daniel O'Donnell)

Date: Sat Nov 22 16:51:34 2008

Subject: [CAFR-L] Academic Freedom... An administrative moment

In-Reply-To:

References:

Message-ID:

Since we know that the admin read this list when they don't like it,

perhaps it's worthwhile pointing out that Margaret's problems and the

article on Tom in the Meliorist represent yet another chance for

administrators who are serious about the traditional responsibilities

that belong to their positions, rather than simply buying nice cars on

the grossly inflated salaries they earn for putting their bums in their

seats each day, to get out in front of deeply serious issue facing this

university.



What a good opportunity to assert the value of academic freedom, to

build on the changes in the GPM language recently negotiated between

ULFA and the administration, and generally stop sitting around while a

crisis slowly gets worse on one's watch.

> *************************************

--

Daniel Paul O'Donnell

Associate Professor of English

Chair, Text Encoding Initiative Consortium

Director, Digital Medievalist Project



Department of English

University of Lethbridge

Lethbridge AB T1K 3M4



Home Page: http://people.uleth.ca/~daniel.odonnell/

Appointment Calendar:

http://kakelbont.homelinux.net/webcalendar/week.php?user=dan

Vox: +1 403 329-2377

Fax: +1 403 382-7191





From forgie at uleth.ca Sat Nov 22 17:16:22 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sat Nov 22 17:16:29 2008

Subject: [CAFR-L] Academic Freedom... An administrative moment

In-Reply-To:

References:



Message-ID:



OK Dan, if Tom has the lawn chairs and beer, and I have the blankets,

soup, and umbrellas.... You obviously have to "speech write" the

flyers that we will hand out at the top of the hill (3 of us for this

sit in so far) - but not on the lurid fluorescent paper as were

recently deposited in the hundreds on the desks in our large

classrooms by ? still wan, but cracking a smile :-) M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 22-Nov-08, at 4:51 PM, Daniel O'Donnell wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Since we know that the admin read this list when they don't like it,

> perhaps it's worthwhile pointing out that Margaret's problems and the

> article on Tom in the Meliorist represent yet another chance for

> administrators who are serious about the traditional responsibilities

> that belong to their positions, rather than simply buying nice cars on

> the grossly inflated salaries they earn for putting their bums in

> their

> seats each day, to get out in front of deeply serious issue facing

> this

> university.

>

> What a good opportunity to assert the value of academic freedom, to

> build on the changes in the GPM language recently negotiated between

> ULFA and the administration, and generally stop sitting around while a

> crisis slowly gets worse on one's watch.

>> *************************************

> --

> Daniel Paul O'Donnell

> Associate Professor of English

> Chair, Text Encoding Initiative Consortium

> Director, Digital Medievalist Project

>

> Department of English

> University of Lethbridge

> Lethbridge AB T1K 3M4

>

> Home Page: http://people.uleth.ca/~daniel.odonnell/

> Appointment Calendar:

> http://kakelbont.homelinux.net/webcalendar/week.php?user=dan

> Vox: +1 403 329-2377

> Fax: +1 403 382-7191

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From mckenna at uleth.ca Sun Nov 23 11:34:17 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sun Nov 23 11:34:19 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:





Message-ID:



Margaret and others.



Perhaps we are all disappointed that our idealism lasted only two days.

Is

there anything we can do about this? Can we discover whether the SU

executive has already been advised by the administration to avoid the

issue of students as employees of the provincial government? While the

law

has spoken on this, the media, some faculty members, those who take

seriously the doctrine of "in loco parentis", some members of the public,

possibly opposition parties, and even some students may still have much

to

say on the bizarre interpretation of the intention of the Legislature

(another useful legal fiction).



Are people in CAFR willing to sign letters to the Meliorist, the

Lethbridge Herald, the Calgary Herald, and the Edmonton Journal? (as we

know we have campuses in the north). I have already been interviewed by a

journalist, Norm Lebus who is pitching a story to CTV Calgary on the

issue

of students as employees of the Government. This of course is for the

Calgary audience. Would anyone be willing to say a few words on air if

his

pitch is accepted? I assume the words would reflect the revulsion of some

faculty members at this regulation and the lack of respect it shows for

our students. The local Herald might do a story on CAFR members' (I

assume

not all) opposition to the U of L's administration on this matter - i.e.

beyond Rebeca's case.



Can we spread the word to academic colleagues across Canada to make it

known what is going on in Alberta? Can we have a petition signed by

colleagues here to express concern or whatever about the University

administration's ethics?



Just some thoughts for action. I am sure there are other things to be

done.



Ian

Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Excellent... You bring the lawn chairs and the coolers of beer, I'll

> bring the soup, the blankets, and the umbrellas. wan :-) M.

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

> On 22-Nov-08, at 3:50 PM, Tom Robinson wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> Margaret,

>>

>> I am behind you. That might not help, but at least you won't die on

>> that hill alone.

>>

>> Tom

>>

>> On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:

>>

>>>

>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>> Content-Disposition: inline

>>> Content-Type: text/plain;

>>> charset=US-ASCII

>>> Content-Transfer-Encoding: 7bit

>>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the

>>> content of their messages.

>>>

>>> --------------------

>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>> Content-Type: multipart/alternative;

>>> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

>>>

>>>

>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>> Content-Type: text/plain;

>>> format=flowed;

>>> delsp=yes

>>> Content-Transfer-Encoding: 7bit

>>>

>>> Dear Colleagues. It would appear that my informing of students in my

>>> classes in person has produced a negative response from the current

>>> ULSU executive. I believe that I circulated my response to Adam V.

>>> the SU president to you. He has yet to respond to me.

>>>

>>> Unbeknown to me, the executive of the ULSU "visited" the Chair of my

>>> Department, to protest my "inappropriate" use of class time. My

>>> chair communicated this information to me this morning after I

>>> informed him of the details of the issue. My Chair IS NOT INVOLVED -

>>> except for the fact that he is our chair.

>>>

>>> I of course cannot know what a student said to SU and they then said

>>> to them and so on and so on... the telephone game that children play

>>> at school (my son less than a week ago on a workshop at his high

>>> school on bullying and gossip, for instance).

>>>

>>> I stand by my message and my use of class time and I am just sadly

>>> disappointed that this is where our idealism went in less than 2

>>> days.

>>>

>>> M.

>>>

>>> _______________________

>>>

>>> Margaret L. Forgie, Ph.D.

>>> Academic Assistant/Lecturer

>>> Department of Psychology

>>> Uhall - D850

>>> The University of Lethbridge

>>> 4401 University Drive

>>> Lethbridge, AB, Canada

>>> T1K 3M4

>>>

>>> phone: 403-329-2437

>>> department: 403-329-2235

>>> fax: 403-329-2555

>>> email: forgie@uleth.ca (preferred contact)

>>>

>>>

>>>

>>>

>>>

>>>

>>>

>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>> Content-Disposition: attachment

>>> Content-Type: text/html;

>>> charset=iso-8859-1

>>> Content-Transfer-Encoding: quoted-printable

>>>

>>> >> space; =

>>> -webkit-line-break: after-white-space; ">

>>> Dear Colleagues. =A0It would appear that my informing of students

>>> in my =

>>> classes in person has produced a negative response from the

>>> current ULSU =

>>> executive. =A0I believe that I circulated my response to Adam V.

>>> the SU =

>>> president to you. =A0He has yet to respond to =

>>> me.=A0Unbeknown to me, the executive of the ULSU =

>>> "visited" the Chair of my Department, to protest my

>>> "inappropriate" use =

>>> of class time. =A0My chair communicated this information to me this =

>>> morning after I informed him of the details of the issue. =A0My

>>> Chair IS =

>>> NOT INVOLVED -except for the fact that he is our =

>>> chair.I of course cannot know what a =

>>> student said to SU and they then said to them and so on and so

>>> on... =

>>> =A0the telephone game that children play at school (my son less

>>> than a =

>>> week ago on a workshop at his high school on bullying and gossip,

>>> for =

>>> instance).I stand by my message and my

>>> use of =

>>> class time and I am just sadly disappointed that this is where our =

>>> idealism went in less than 2 =

>>> days.M. >> class=3D"Apple-style-span" style=3D"border-collapse: separate;

>>> color: =

>>> rgb(0, 0, 0); font-family: 'Gill Sans'; font-size: 18px; font-

>>> style: =

>>> normal; font-variant: normal; font-weight: normal; letter-spacing: =

>>> normal; line-height: normal; orphans: 2; text-align: auto; text-

>>> indent: =

>>> 0px; text-transform: none; white-space: normal; widows: 2; word-

>>> spacing: =

>>> 0px; -webkit-border-horizontal-spacing: 0px; =

>>> -webkit-border-vertical-spacing: 0px; =

>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-adjust: =

>>> auto; -webkit-text-stroke-width: 0; ">>> span" =

>>> style=3D"border-collapse: separate; color: rgb(0, 0, 0); font-

>>> family: =

>>> 'Gill Sans'; font-size: 18px; font-style: normal; font-variant:

>>> normal; =

>>> font-weight: normal; letter-spacing: normal; line-height: normal; =

>>> orphans: 2; text-indent: 0px; text-transform: none; white-space:

>>> normal; =

>>> widows: 2; word-spacing: 0px; -webkit-border-horizontal-spacing:

>>> 0px; =

>>> -webkit-border-vertical-spacing: 0px; =

>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-adjust: =

>>> auto; -webkit-text-stroke-width: 0px; ">>> top: =

>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; =

>>> ">_______________________>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>> class=3D"webkit-block-placeholder">>> 0px; =

>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>> ">Margaret L. =

>>> Forgie, Ph.D.>> 0px; =

>>> margin-bottom: 0px; margin-left: 0px; ">Academic =

>>> Assistant/Lecturer>> right: =

>>> 0px; margin-bottom: 0px; margin-left: 0px; ">Department of =

>>> Psychology>> margin-bottom: 0px; margin-left: 0px; ">Uhall - D850>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>> margin-left: 0px; ">The University of Lethbridge>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>> margin-left: 0px; ">4401 University Drive=A0>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>> margin-left: 0px; ">Lethbridge, AB, Canada>> style=3D"margin-top: =

>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">T1K =

>>> 3M4>> margin-bottom: 0px; margin-left: 0px; ">>> class=3D"webkit-block-placeholder">>> 0px; =

>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">phone: =

>>> 403-329-2437=A0>> 0px; =

>>> margin-bottom: 0px; margin-left: 0px; ">department: =

>>> 403-329-2235>> margin-bottom: 0px; margin-left: 0px; ">fax: =A0403-329-2555>> div>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>> margin-left: 0px; ">email:=A0>> href=3D"mailto:forgie@uleth.ca">forgie@uleth.ca (preferred =

>>> contact)>> margin-bottom: 0px; margin-left: 0px; ">>> class=3D"webkit-block-placeholder">>> 0px; =

>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>> class=3D"webkit-block-placeholder">>> class=3D"webkit-block-placeholder">>> class=3D"Apple-interchange-newline">>> class=3D"Apple-interchange-newline"> =

>>> =

>>>

>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>>>

>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>> Content-Disposition: attachment

>>> Content-Type: text/plain;

>>> charset=US-ASCII

>>> Content-Transfer-Encoding: 7bit

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>







From robinson at uleth.ca Sun Nov 23 11:47:13 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sun Nov 23 11:47:20 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:







Message-ID:



Ian and all,



I am on side. I haven't yet seen any convincing argument to consider

students as employees or "workers," as WCB puts it.



Even a convincing explanation leaves unsettled:

(1) Why students are not made aware of this status?



(2) How the WCB came to rule in this way, particularly when they are

not ordered to so designate students but are only permitted to do so.

Though an argument might be convincing here (I don't know), I would

want to ask whether another solution would have been as reasonable or

even more reasonable, particularly when only Alberta has decided to go

this route, and even the Alberta Occupational Health and Safety (am I

right here, Ian?) and the WCB Appeals Commission do not think that

students should be designated in this way.



Tom





On 23-Nov-08, at 11:34 AM, Ian McKenna wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Margaret and others.

>

> Perhaps we are all disappointed that our idealism lasted only two

> days. Is

> there anything we can do about this? Can we discover whether the SU

> executive has already been advised by the administration to avoid the

> issue of students as employees of the provincial government? While

> the law

> has spoken on this, the media, some faculty members, those who take

> seriously the doctrine of "in loco parentis", some members of the

> public,

> possibly opposition parties, and even some students may still have

> much to

> say on the bizarre interpretation of the intention of the Legislature

> (another useful legal fiction).

>

> Are people in CAFR willing to sign letters to the Meliorist, the

> Lethbridge Herald, the Calgary Herald, and the Edmonton Journal? (as

> we

> know we have campuses in the north). I have already been interviewed

> by a

> journalist, Norm Lebus who is pitching a story to CTV Calgary on the

> issue

> of students as employees of the Government. This of course is for the

> Calgary audience. Would anyone be willing to say a few words on air

> if his

> pitch is accepted? I assume the words would reflect the revulsion of

> some

> faculty members at this regulation and the lack of respect it shows

> for

> our students. The local Herald might do a story on CAFR members' (I

> assume

> not all) opposition to the U of L's administration on this matter -

> i.e.

> beyond Rebeca's case.

>

> Can we spread the word to academic colleagues across Canada to make it

> known what is going on in Alberta? Can we have a petition signed by

> colleagues here to express concern or whatever about the University

> administration's ethics?

>

> Just some thoughts for action. I am sure there are other things to

> be done.

>

> Ian

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list

>> and posters are solely responsible for the content of their messages.

>>

>> --------------------

>> Excellent... You bring the lawn chairs and the coolers of beer, I'll

>> bring the soup, the blankets, and the umbrellas. wan :-) M.

>> _______________________

>>

>> Margaret L. Forgie, Ph.D.

>> Academic Assistant/Lecturer

>> Department of Psychology

>> Uhall - D850

>> The University of Lethbridge

>> 4401 University Drive

>> Lethbridge, AB, Canada

>> T1K 3M4

>>

>> phone: 403-329-2437

>> department: 403-329-2235

>> fax: 403-329-2555

>> email: forgie@uleth.ca (preferred contact)

>>

>>

>>

>>

>>

>>

>> On 22-Nov-08, at 3:50 PM, Tom Robinson wrote:

>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the content

>>> of their messages.

>>>

>>> --------------------

>>> Margaret,

>>>

>>> I am behind you. That might not help, but at least you won't die on

>>> that hill alone.

>>>

>>> Tom

>>>

>>> On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:

>>>

>>>>

>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>> Content-Disposition: inline

>>>> Content-Type: text/plain;

>>>> charset=US-ASCII

>>>> Content-Transfer-Encoding: 7bit

>>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated list and posters are solely responsible for the

>>>> content of their messages.

>>>>

>>>> --------------------

>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>> Content-Type: multipart/alternative;

>>>> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

>>>>

>>>>

>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>> Content-Type: text/plain;

>>>> format=flowed;

>>>> delsp=yes

>>>> Content-Transfer-Encoding: 7bit

>>>>

>>>> Dear Colleagues. It would appear that my informing of students

>>>> in my

>>>> classes in person has produced a negative response from the current

>>>> ULSU executive. I believe that I circulated my response to Adam V.

>>>> the SU president to you. He has yet to respond to me.

>>>>

>>>> Unbeknown to me, the executive of the ULSU "visited" the Chair of

>>>> my

>>>> Department, to protest my "inappropriate" use of class time. My

>>>> chair communicated this information to me this morning after I

>>>> informed him of the details of the issue. My Chair IS NOT

>>>> INVOLVED -

>>>> except for the fact that he is our chair.

>>>>

>>>> I of course cannot know what a student said to SU and they then

>>>> said

>>>> to them and so on and so on... the telephone game that children

>>>> play

>>>> at school (my son less than a week ago on a workshop at his high

>>>> school on bullying and gossip, for instance).

>>>>

>>>> I stand by my message and my use of class time and I am just sadly

>>>> disappointed that this is where our idealism went in less than 2

>>>> days.

>>>>

>>>> M.

>>>>

>>>> _______________________

>>>>

>>>> Margaret L. Forgie, Ph.D.

>>>> Academic Assistant/Lecturer

>>>> Department of Psychology

>>>> Uhall - D850

>>>> The University of Lethbridge

>>>> 4401 University Drive

>>>> Lethbridge, AB, Canada

>>>> T1K 3M4

>>>>

>>>> phone: 403-329-2437

>>>> department: 403-329-2235

>>>> fax: 403-329-2555

>>>> email: forgie@uleth.ca (preferred contact)

>>>>

>>>>

>>>>

>>>>

>>>>

>>>>

>>>>

>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>> Content-Disposition: attachment

>>>> Content-Type: text/html;

>>>> charset=iso-8859-1

>>>> Content-Transfer-Encoding: quoted-printable

>>>>

>>>> >>> space; =

>>>> -webkit-line-break: after-white-space; ">

>>>> Dear Colleagues. =A0It would appear that my informing of students

>>>> in my =

>>>> classes in person has produced a negative response from the

>>>> current ULSU =

>>>> executive. =A0I believe that I circulated my response to Adam V.

>>>> the SU =

>>>> president to you. =A0He has yet to respond to =

>>>> me.=A0Unbeknown to me, the executive of the ULSU =

>>>> "visited" the Chair of my Department, to protest my

>>>> "inappropriate" use =

>>>> of class time. =A0My chair communicated this information to me

>>>> this =

>>>> morning after I informed him of the details of the issue. =A0My

>>>> Chair IS =

>>>> NOT INVOLVED -except for the fact that he is our =

>>>> chair.I of course cannot know what

>>>> a =

>>>> student said to SU and they then said to them and so on and so

>>>> on... =

>>>> =A0the telephone game that children play at school (my son less

>>>> than a =

>>>> week ago on a workshop at his high school on bullying and gossip,

>>>> for =

>>>> instance).I stand by my message and my

>>>> use of =

>>>> class time and I am just sadly disappointed that this is where

>>>> our =

>>>> idealism went in less than 2 =

>>>> days.M. >>> class=3D"Apple-style-span" style=3D"border-collapse: separate;

>>>> color: =

>>>> rgb(0, 0, 0); font-family: 'Gill Sans'; font-size: 18px; font-

>>>> style: =

>>>> normal; font-variant: normal; font-weight: normal; letter-

>>>> spacing: =

>>>> normal; line-height: normal; orphans: 2; text-align: auto; text-

>>>> indent: =

>>>> 0px; text-transform: none; white-space: normal; widows: 2; word-

>>>> spacing: =

>>>> 0px; -webkit-border-horizontal-spacing: 0px; =

>>>> -webkit-border-vertical-spacing: 0px; =

>>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-

>>>> adjust: =

>>>> auto; -webkit-text-stroke-width: 0; ">>>> span" =

>>>> style=3D"border-collapse: separate; color: rgb(0, 0, 0); font-

>>>> family: =

>>>> 'Gill Sans'; font-size: 18px; font-style: normal; font-variant:

>>>> normal; =

>>>> font-weight: normal; letter-spacing: normal; line-height: normal; =

>>>> orphans: 2; text-indent: 0px; text-transform: none; white-space:

>>>> normal; =

>>>> widows: 2; word-spacing: 0px; -webkit-border-horizontal-spacing:

>>>> 0px; =

>>>> -webkit-border-vertical-spacing: 0px; =

>>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-

>>>> adjust: =

>>>> auto; -webkit-text-stroke-width: 0px; ">>>> top: =

>>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; =

>>>> ">_______________________>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>>> class=3D"webkit-block-placeholder">>>> 0px; =

>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>> ">Margaret L. =

>>>> Forgie, Ph.D.>>> 0px; =

>>>> margin-bottom: 0px; margin-left: 0px; ">Academic =

>>>> Assistant/Lecturer>>> right: =

>>>> 0px; margin-bottom: 0px; margin-left: 0px; ">Department of =

>>>> Psychology>>> margin-bottom: 0px; margin-left: 0px; ">Uhall - D850>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>>> margin-left: 0px; ">The University of Lethbridge>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>>> margin-left: 0px; ">4401 University Drive=A0>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>>> margin-left: 0px; ">Lethbridge, AB, Canada>>> style=3D"margin-top: =

>>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>> ">T1K =

>>>> 3M4>>> margin-bottom: 0px; margin-left: 0px; ">>>> class=3D"webkit-block-placeholder">>>> 0px; =

>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">phone: =

>>>> 403-329-2437=A0>>> 0px; =

>>>> margin-bottom: 0px; margin-left: 0px; ">department: =

>>>> 403-329-2235>>> 0px; =

>>>> margin-bottom: 0px; margin-left: 0px; ">fax: =A0403-329-2555>>> div>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =

>>>> margin-left: 0px; ">email:=A0>>> href=3D"mailto:forgie@uleth.ca">forgie@uleth.ca (preferred =

>>>> contact)>>> margin-bottom: 0px; margin-left: 0px; ">>>> class=3D"webkit-block-placeholder">>>> 0px; =

>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>>> class=3D"webkit-block-placeholder">>>> class=3D"webkit-block-placeholder">>>> class=3D"Apple-interchange-newline">>>> class=3D"Apple-interchange-newline"> =

>>>> =

>>>>

>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>>>>

>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>> Content-Disposition: attachment

>>>> Content-Type: text/plain;

>>>> charset=US-ASCII

>>>> Content-Transfer-Encoding: 7bit

>>>>

>>>> _______________________________________________

>>>> cafr-l mailing list

>>>> cafr-l@uleth.ca

>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>

>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--

>>>

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From forgie at uleth.ca Sun Nov 23 12:00:04 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 23 12:00:11 2008

Subject: [CAFR-L] Fwd: Informing Students

References:

Message-ID:



This is the email I sent on Nov. 15 to my Chair and Associate Chair.

At that time I did not have posting rights to the list (Thank you Dan

for adding me quickly). It perhaps fills in some of the blanks for

some folks. How prophetic were my words! M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









Begin forwarded message:



> From: Margaret Forgie

> Date: November 15, 2008 9:35:18 PM MST (CA)

> To: Drew Rendall , Scott Allen

> Cc: Discussion list for a new skeptics group on campus l@uleth.ca>

> Subject: Informing Students

>

> I am writing to inform you both as the Chair and Associate Chair of

> my Department that I will be informing all of my students, a

> significant population at the U of L, of their status as employees

> of the University in the event they are injured at the University

> during the course of their duties as students. I will announce

> this as a short intro to each class meeting that I have in the next

> regular week.

>

> Given that I teach a fair number of students, this should also get

> the message out quick about the dangers for our children as well.

>

>

> For those of you in the CC that are not aware of the courses I

> teach and the numbers of students involved, I summarize here, briefly:

>

> Psyc 1000A approx. 275

> Psyc 1000B approx. 160

> Psyc 1000N approx. 155

> Psyc 2110A approx. 115

> Psyc 3525A approx. 45

>

> Even with dyscalculia I know that is about 750 students. Not an

> insignificant number. On the other hand, I suppose the admin could

> suspend me without pay too for doing so.

>

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>



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From brown at uleth.ca Sun Nov 23 12:18:53 2008

From: brown at uleth.ca (Bryson Brown)

Date: Sun Nov 23 12:15:24 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:





Message-ID:



I'm onside as well. The case we've been discussing is very disturbing,

and the designation of students as employees seems absurd (and of a

piece with the heads-I-win, tails-you-lose mentality of the Alberta

Gov't). My only concern (and this is more a request for background than

anything else) is that when it comes to getting quick access to medical

care and rehab, WC is a real advantage--though it comes at the cost, of

course, of losing the right to sue. So if the policy is changed, some

students will benefit by being able to pursue a claim of negligence

while others (hurt less seriously and not interested in pursuing a

lawsuit or hurt through no negligence on the University's part) may lose

the special benefits of being treated within the WC system.



This certainly doesn't excuse the University's refusal to reach an

out-of-court settlement in the case (quite possibly at a lower cost than

the legal fees incurred), let alone the thuggish threat of suing the

victim to recover those legal costs. And it doesn't affect the

importance of making sure that students are aware of their status and

its disadvantages. But it does complicate the issue, at least as I

understand it now.



Bryson



Tom Robinson wrote:



> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

> Ian and all,

>

> I am on side. I haven't yet seen any convincing argument to consider

> students as employees or "workers," as WCB puts it.

>

> Even a convincing explanation leaves unsettled:

>

> (1) Why students are not made aware of this status?

>

> (2) How the WCB came to rule in this way, particularly when they are

> not ordered to so designate students but are only permitted to do so.

> Though an argument might be convincing here (I don't know), I would

> want to ask whether another solution would have been as reasonable or

> even more reasonable, particularly when only Alberta has decided to

> go this route, and even the Alberta Occupational Health and Safety

> (am I right here, Ian?) and the WCB Appeals Commission do not think

> that students should be designated in this way.

>

> Tom

>

>

> On 23-Nov-08, at 11:34 AM, Ian McKenna wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> Margaret and others.

>>

>> Perhaps we are all disappointed that our idealism lasted only two

>> days. Is

>> there anything we can do about this? Can we discover whether the SU

>> executive has already been advised by the administration to avoid the

>> issue of students as employees of the provincial government? While

>> the law

>> has spoken on this, the media, some faculty members, those who take

>> seriously the doctrine of "in loco parentis", some members of the

>> public,

>> possibly opposition parties, and even some students may still have

>> much to

>> say on the bizarre interpretation of the intention of the Legislature

>> (another useful legal fiction).

>>

>> Are people in CAFR willing to sign letters to the Meliorist, the

>> Lethbridge Herald, the Calgary Herald, and the Edmonton Journal? (as

we

>> know we have campuses in the north). I have already been interviewed

>> by a

>> journalist, Norm Lebus who is pitching a story to CTV Calgary on the

>> issue

>> of students as employees of the Government. This of course is for the

>> Calgary audience. Would anyone be willing to say a few words on air

>> if his

>> pitch is accepted? I assume the words would reflect the revulsion of

>> some

>> faculty members at this regulation and the lack of respect it shows

for

>> our students. The local Herald might do a story on CAFR members' (I

>> assume

>> not all) opposition to the U of L's administration on this matter -

>> i.e.

>> beyond Rebeca's case.

>>

>> Can we spread the word to academic colleagues across Canada to make it

>> known what is going on in Alberta? Can we have a petition signed by

>> colleagues here to express concern or whatever about the University

>> administration's ethics?

>>

>> Just some thoughts for action. I am sure there are other things to

>> be done.

>>

>> Ian

>>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list

>>

>>> and posters are solely responsible for the content of their messages.

>>>

>>> --------------------

>>> Excellent... You bring the lawn chairs and the coolers of beer, I'll

>>> bring the soup, the blankets, and the umbrellas. wan :-) M.

>>> _______________________

>>>

>>> Margaret L. Forgie, Ph.D.

>>> Academic Assistant/Lecturer

>>> Department of Psychology

>>> Uhall - D850

>>> The University of Lethbridge

>>> 4401 University Drive

>>> Lethbridge, AB, Canada

>>> T1K 3M4

>>>

>>> phone: 403-329-2437

>>> department: 403-329-2235

>>> fax: 403-329-2555

>>> email: forgie@uleth.ca (preferred contact)

>>>

>>>

>>>

>>>

>>>

>>>

>>> On 22-Nov-08, at 3:50 PM, Tom Robinson wrote:

>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated list and posters are solely responsible for the content

>>>> of their messages.

>>>>

>>>> --------------------

>>>> Margaret,

>>>>

>>>> I am behind you. That might not help, but at least you won't die on

>>>> that hill alone.

>>>>

>>>> Tom

>>>>

>>>> On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:

>>>>

>>>>>

>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>> Content-Disposition: inline

>>>>> Content-Type: text/plain;

>>>>> charset=US-ASCII

>>>>> Content-Transfer-Encoding: 7bit

>>>>>

>>>>> Postings to this list are *Publicly Archived.* This is an

>>>>> unmoderated list and posters are solely responsible for the

>>>>> content of their messages.

>>>>>

>>>>> --------------------

>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>> Content-Type: multipart/alternative;

>>>>> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

>>>>>

>>>>>

>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>>> Content-Type: text/plain;

>>>>> format=flowed;

>>>>> delsp=yes

>>>>> Content-Transfer-Encoding: 7bit

>>>>>

>>>>> Dear Colleagues. It would appear that my informing of students

>>>>> in my

>>>>> classes in person has produced a negative response from the current

>>>>> ULSU executive. I believe that I circulated my response to Adam V.

>>>>> the SU president to you. He has yet to respond to me.

>>>>>

>>>>> Unbeknown to me, the executive of the ULSU "visited" the Chair of

my

>>>>> Department, to protest my "inappropriate" use of class time. My

>>>>> chair communicated this information to me this morning after I

>>>>> informed him of the details of the issue. My Chair IS NOT

>>>>> INVOLVED -

>>>>> except for the fact that he is our chair.

>>>>>

>>>>> I of course cannot know what a student said to SU and they then

said

>>>>> to them and so on and so on... the telephone game that children

>>>>> play

>>>>> at school (my son less than a week ago on a workshop at his high

>>>>> school on bullying and gossip, for instance).

>>>>>

>>>>> I stand by my message and my use of class time and I am just sadly

>>>>> disappointed that this is where our idealism went in less than 2

>>>>> days.

>>>>>

>>>>> M.

>>>>>

>>>>> _______________________

>>>>>

>>>>> Margaret L. Forgie, Ph.D.

>>>>> Academic Assistant/Lecturer

>>>>> Department of Psychology

>>>>> Uhall - D850

>>>>> The University of Lethbridge

>>>>> 4401 University Drive

>>>>> Lethbridge, AB, Canada

>>>>> T1K 3M4

>>>>>

>>>>> phone: 403-329-2437

>>>>> department: 403-329-2235

>>>>> fax: 403-329-2555

>>>>> email: forgie@uleth.ca (preferred contact)

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

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>>>>> Content-Type: text/html;

>>>>> charset=iso-8859-1

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>>>>> -webkit-line-break: after-white-space; ">

>>>>> Dear Colleagues. =A0It would appear that my informing of students

>>>>> in my =

>>>>> classes in person has produced a negative response from the

>>>>> current ULSU =

>>>>> executive. =A0I believe that I circulated my response to Adam V.

>>>>> the SU =

>>>>> president to you. =A0He has yet to respond to =

>>>>> me.=A0Unbeknown to me, the executive of the ULSU =

>>>>> "visited" the Chair of my Department, to protest my

>>>>> "inappropriate" use =

>>>>> of class time. =A0My chair communicated this information to me

>>>>> this =

>>>>> morning after I informed him of the details of the issue. =A0My

>>>>> Chair IS =

>>>>> NOT INVOLVED -except for the fact that he is our =

>>>>> chair.I of course cannot know what

>>>>> a =

>>>>> student said to SU and they then said to them and so on and so

>>>>> on... =

>>>>> =A0the telephone game that children play at school (my son less

>>>>> than a =

>>>>> week ago on a workshop at his high school on bullying and gossip,

>>>>> for =

>>>>> instance).I stand by my message and my

>>>>> use of =

>>>>> class time and I am just sadly disappointed that this is where our

=

>>>>> idealism went in less than 2 =

>>>>> days.M. >>>> class=3D"Apple-style-span" style=3D"border-collapse: separate;

>>>>> color: =

>>>>> rgb(0, 0, 0); font-family: 'Gill Sans'; font-size: 18px; font-

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>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>>>> class=3D"webkit-block-placeholder">>>>> class=3D"webkit-block-placeholder">>>>> class=3D"Apple-interchange-newline">>>>> class=3D"Apple-interchange-newline"> =

>>>>> =

>>>>>

>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>>>>>

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>>>>> Content-Disposition: attachment

>>>>> Content-Type: text/plain;

>>>>> charset=US-ASCII

>>>>> Content-Transfer-Encoding: 7bit

>>>>>

>>>>> _______________________________________________

>>>>> cafr-l mailing list

>>>>> cafr-l@uleth.ca

>>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>>

>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--

>>>>

>>>>

>>>>

>>>> _______________________________________________

>>>> cafr-l mailing list

>>>> cafr-l@uleth.ca

>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>>

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l







From inge.genee at uleth.ca Sun Nov 23 12:28:06 2008

From: inge.genee at uleth.ca (Inge Genee)

Date: Sun Nov 23 12:28:14 2008

Subject: [CAFR-L] To die or not to die, and if so on which hill?

In-Reply-To:

References:

Message-ID:



Dear Margaret and others,



I'd gone off CAFR for a while because I just could not take the

negativity any more that seems to invade my life whenever anything other

than strict teaching or research has to happen.



But after (1) reading about Tom's case in the Meliorist and (2) hearing

about Margaret's case and (3) being forced to publicly initiate the

defeat of a motion on the number of minors students would be allowed to

declare in the last Arts and Science Council - a motion which never

should have been brought forward without bringing it back for discussion

to the department it was being made to look like it originated from, and

which in my opinion they were trying to sneak through along with all the

million other motions on curriculum that were basically being rubber

stamped in that meeting -, and (4) after having been forced, in amy

capacity of associate chair of my department, to cut, in the last couple

of weeks, a large number of courses from our timetable for 09/10, due to

never entirely specified "budget contraints", causing serious risk to

the integrity to some of our programs, after all that, I feel, again,

that I have no choice but to make sure I am at least aware of what is

going on. And so, reluctantly, I now get the daily digest, which is only

marginally less invasive but at least I don't have to be upset so many

times per day, it kind of gets concentrated into one or sometimes two

times a day. Which is probably better for my mental health.



So Margaret, I'll sit on that hill with you, but there better be soup. I

worry about your status: are you on a permanent contract or not? I seem

to remember you're an academic assistant or lecturer. All the more

reason for the rest of us to watch this with hawks' eyes.



With sadness but resignation,

Inge









cafr-l-request@uleth.ca wrote:

> --------------------

>

> Today's Topics:

>

> 1. Re: My informing of students (Margaret Forgie)

> 2. Academic Freedom... An administrative moment (Daniel O'Donnell)

> 3. Re: Academic Freedom... An administrative moment (Margaret

Forgie)

> 4. Re: My informing of students (Ian McKenna)



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From forgie at uleth.ca Sun Nov 23 12:28:32 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 23 12:28:43 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:







Message-ID:



I think you make a very good point. I can see that this would be one

of the first arguments, and highly supported by students. Obviously

we need to have a separate policy that covers students as students

and nothing else. Why can't we just have comprehensive coverage for

all members of our general university community that do not involve

WCB at all where it should not be? Why can't the U pay premiums to a

different kind of insurance/liability scenario? I think John V. hit

the nail on the head here in past communications that we must work to

define a student as a student, the public as the public, and so on.



At this point perhaps all of us that are interested in the issue

should schedule an in person "conference" such that we can all get on

the same page face-to-face and share our ideas and come to a united

effort over how to proceed.

What about a faculty-endorsed survey, and then a referendum on which

way the existing policy "could be" applied? OK strike that last one,

I am already in trouble.



M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 23-Nov-08, at 12:18 PM, Bryson Brown wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> I'm onside as well. The case we've been discussing is very

> disturbing, and the designation of students as employees seems

> absurd (and of a piece with the heads-I-win, tails-you-lose

> mentality of the Alberta Gov't). My only concern (and this is more

> a request for background than anything else) is that when it comes

> to getting quick access to medical care and rehab, WC is a real

> advantage--though it comes at the cost, of course, of losing the

> right to sue. So if the policy is changed, some students will

> benefit by being able to pursue a claim of negligence while others

> (hurt less seriously and not interested in pursuing a lawsuit or

> hurt through no negligence on the University's part) may lose the

> special benefits of being treated within the WC system.

> This certainly doesn't excuse the University's refusal to reach an

> out-of-court settlement in the case (quite possibly at a lower cost

> than the legal fees incurred), let alone the thuggish threat of

> suing the victim to recover those legal costs. And it doesn't

> affect the importance of making sure that students are aware of

> their status and its disadvantages. But it does complicate the

> issue, at least as I understand it now.

>

> Bryson

>

> Tom Robinson wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the

>> content of their messages.

>>

>> --------------------

>> Ian and all,

>>

>> I am on side. I haven't yet seen any convincing argument to

>> consider students as employees or "workers," as WCB puts it.

>>

>> Even a convincing explanation leaves unsettled:

>>

>> (1) Why students are not made aware of this status?

>>

>> (2) How the WCB came to rule in this way, particularly when they

>> are not ordered to so designate students but are only permitted

>> to do so. Though an argument might be convincing here (I don't

>> know), I would want to ask whether another solution would have

>> been as reasonable or even more reasonable, particularly when

>> only Alberta has decided to go this route, and even the Alberta

>> Occupational Health and Safety (am I right here, Ian?) and the

>> WCB Appeals Commission do not think that students should be

>> designated in this way.

>>

>> Tom

>>

>>

>> On 23-Nov-08, at 11:34 AM, Ian McKenna wrote:

>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the

>>> content of their messages.

>>>

>>> --------------------

>>> Margaret and others.

>>>

>>> Perhaps we are all disappointed that our idealism lasted only

>>> two days. Is

>>> there anything we can do about this? Can we discover whether the SU

>>> executive has already been advised by the administration to avoid

>>> the

>>> issue of students as employees of the provincial government?

>>> While the law

>>> has spoken on this, the media, some faculty members, those who take

>>> seriously the doctrine of "in loco parentis", some members of

>>> the public,

>>> possibly opposition parties, and even some students may still

>>> have much to

>>> say on the bizarre interpretation of the intention of the

>>> Legislature

>>> (another useful legal fiction).

>>>

>>> Are people in CAFR willing to sign letters to the Meliorist, the

>>> Lethbridge Herald, the Calgary Herald, and the Edmonton Journal?

>>> (as we

>>> know we have campuses in the north). I have already been

>>> interviewed by a

>>> journalist, Norm Lebus who is pitching a story to CTV Calgary on

>>> the issue

>>> of students as employees of the Government. This of course is for

>>> the

>>> Calgary audience. Would anyone be willing to say a few words on

>>> air if his

>>> pitch is accepted? I assume the words would reflect the revulsion

>>> of some

>>> faculty members at this regulation and the lack of respect it

>>> shows for

>>> our students. The local Herald might do a story on CAFR

>>> members' (I assume

>>> not all) opposition to the U of L's administration on this matter

>>> - i.e.

>>> beyond Rebeca's case.

>>>

>>> Can we spread the word to academic colleagues across Canada to

>>> make it

>>> known what is going on in Alberta? Can we have a petition signed by

>>> colleagues here to express concern or whatever about the University

>>> administration's ethics?

>>>

>>> Just some thoughts for action. I am sure there are other things

>>> to be done.

>>>

>>> Ian

>>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list

>>>

>>>> and posters are solely responsible for the content of their

>>>> messages.

>>>>

>>>> --------------------

>>>> Excellent... You bring the lawn chairs and the coolers of beer,

>>>> I'll

>>>> bring the soup, the blankets, and the umbrellas. wan :-) M.

>>>> _______________________

>>>>

>>>> Margaret L. Forgie, Ph.D.

>>>> Academic Assistant/Lecturer

>>>> Department of Psychology

>>>> Uhall - D850

>>>> The University of Lethbridge

>>>> 4401 University Drive

>>>> Lethbridge, AB, Canada

>>>> T1K 3M4

>>>>

>>>> phone: 403-329-2437

>>>> department: 403-329-2235

>>>> fax: 403-329-2555

>>>> email: forgie@uleth.ca (preferred contact)

>>>>

>>>>

>>>>

>>>>

>>>>

>>>>

>>>> On 22-Nov-08, at 3:50 PM, Tom Robinson wrote:

>>>>

>>>>> Postings to this list are *Publicly Archived.* This is an

>>>>> unmoderated list and posters are solely responsible for the

>>>>> content

>>>>> of their messages.

>>>>>

>>>>> --------------------

>>>>> Margaret,

>>>>>

>>>>> I am behind you. That might not help, but at least you won't

>>>>> die on

>>>>> that hill alone.

>>>>>

>>>>> Tom

>>>>>

>>>>> On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:

>>>>>

>>>>>>

>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>>> Content-Disposition: inline

>>>>>> Content-Type: text/plain;

>>>>>> charset=US-ASCII

>>>>>> Content-Transfer-Encoding: 7bit

>>>>>>

>>>>>> Postings to this list are *Publicly Archived.* This is an

>>>>>> unmoderated list and posters are solely responsible for the

>>>>>> content of their messages.

>>>>>>

>>>>>> --------------------

>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>>> Content-Type: multipart/alternative;

>>>>>> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

>>>>>>

>>>>>>

>>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>>>> Content-Type: text/plain;

>>>>>> format=flowed;

>>>>>> delsp=yes

>>>>>> Content-Transfer-Encoding: 7bit

>>>>>>

>>>>>> Dear Colleagues. It would appear that my informing of

>>>>>> students in my

>>>>>> classes in person has produced a negative response from the

>>>>>> current

>>>>>> ULSU executive. I believe that I circulated my response to

>>>>>> Adam V.

>>>>>> the SU president to you. He has yet to respond to me.

>>>>>>

>>>>>> Unbeknown to me, the executive of the ULSU "visited" the Chair

>>>>>> of my

>>>>>> Department, to protest my "inappropriate" use of class time. My

>>>>>> chair communicated this information to me this morning after I

>>>>>> informed him of the details of the issue. My Chair IS NOT

>>>>>> INVOLVED -

>>>>>> except for the fact that he is our chair.

>>>>>>

>>>>>> I of course cannot know what a student said to SU and they

>>>>>> then said

>>>>>> to them and so on and so on... the telephone game that

>>>>>> children play

>>>>>> at school (my son less than a week ago on a workshop at his high

>>>>>> school on bullying and gossip, for instance).

>>>>>>

>>>>>> I stand by my message and my use of class time and I am just

>>>>>> sadly

>>>>>> disappointed that this is where our idealism went in less than 2

>>>>>> days.

>>>>>>

>>>>>> M.

>>>>>>

>>>>>> _______________________

>>>>>>

>>>>>> Margaret L. Forgie, Ph.D.

>>>>>> Academic Assistant/Lecturer

>>>>>> Department of Psychology

>>>>>> Uhall - D850

>>>>>> The University of Lethbridge

>>>>>> 4401 University Drive

>>>>>> Lethbridge, AB, Canada

>>>>>> T1K 3M4

>>>>>>

>>>>>> phone: 403-329-2437

>>>>>> department: 403-329-2235

>>>>>> fax: 403-329-2555

>>>>>> email: forgie@uleth.ca (preferred contact)

>>>>>>

>>>>>>

>>>>>>

>>>>>>

>>>>>>

>>>>>>

>>>>>>

>>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>>>> Content-Disposition: attachment

>>>>>> Content-Type: text/html;

>>>>>> charset=iso-8859-1

>>>>>> Content-Transfer-Encoding: quoted-printable

>>>>>>

>>>>>> >>>>> space; =

>>>>>> -webkit-line-break: after-white-space; ">

>>>>>> Dear Colleagues. =A0It would appear that my informing of students

>>>>>> in my =

>>>>>> classes in person has produced a negative response from the

>>>>>> current ULSU =

>>>>>> executive. =A0I believe that I circulated my response to Adam V.

>>>>>> the SU =

>>>>>> president to you. =A0He has yet to respond to =

>>>>>> me.=A0Unbeknown to me, the executive of the

>>>>>> ULSU =

>>>>>> "visited" the Chair of my Department, to protest my

>>>>>> "inappropriate" use =

>>>>>> of class time. =A0My chair communicated this information to

>>>>>> me this =

>>>>>> morning after I informed him of the details of the issue. =A0My

>>>>>> Chair IS =

>>>>>> NOT INVOLVED -except for the fact that he is our =

>>>>>> chair.I of course cannot know

>>>>>> what a =

>>>>>> student said to SU and they then said to them and so on and so

>>>>>> on... =

>>>>>> =A0the telephone game that children play at school (my son less

>>>>>> than a =

>>>>>> week ago on a workshop at his high school on bullying and gossip,

>>>>>> for =

>>>>>> instance).I stand by my message and my

>>>>>> use of =

>>>>>> class time and I am just sadly disappointed that this is

>>>>>> where our =

>>>>>> idealism went in less than 2 =

>>>>>> days.M. >>>>> class=3D"Apple-style-span" style=3D"border-collapse: separate;

>>>>>> color: =

>>>>>> rgb(0, 0, 0); font-family: 'Gill Sans'; font-size: 18px; font-

>>>>>> style: =

>>>>>> normal; font-variant: normal; font-weight: normal; letter-

>>>>>> spacing: =

>>>>>> normal; line-height: normal; orphans: 2; text-align: auto; text-

>>>>>> indent: =

>>>>>> 0px; text-transform: none; white-space: normal; widows: 2; word-

>>>>>> spacing: =

>>>>>> 0px; -webkit-border-horizontal-spacing: 0px; =

>>>>>> -webkit-border-vertical-spacing: 0px; =

>>>>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-

>>>>>> adjust: =

>>>>>> auto; -webkit-text-stroke-width: 0; ">>>>>> span" =

>>>>>> style=3D"border-collapse: separate; color: rgb(0, 0, 0); font-

>>>>>> family: =

>>>>>> 'Gill Sans'; font-size: 18px; font-style: normal; font-variant:

>>>>>> normal; =

>>>>>> font-weight: normal; letter-spacing: normal; line-height:

>>>>>> normal; =

>>>>>> orphans: 2; text-indent: 0px; text-transform: none; white-space:

>>>>>> normal; =

>>>>>> widows: 2; word-spacing: 0px; -webkit-border-horizontal-spacing:

>>>>>> 0px; =

>>>>>> -webkit-border-vertical-spacing: 0px; =

>>>>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-

>>>>>> adjust: =

>>>>>> auto; -webkit-text-stroke-width: 0px; ">>>>>> style=3D"margin-

>>>>>> top: =

>>>>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; =

>>>>>> ">_______________________>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>>>>> class=3D"webkit-block-placeholder">>>>>> top:

>>>>>> 0px; =

>>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>>>> ">Margaret L. =

>>>>>> Forgie, Ph.D.>>>>> 0px; =

>>>>>> margin-bottom: 0px; margin-left: 0px; ">Academic =

>>>>>> Assistant/Lecturer>>>>> right: =

>>>>>> 0px; margin-bottom: 0px; margin-left: 0px; ">Department of =

>>>>>> Psychology>>>>> 0px; =

>>>>>> margin-bottom: 0px; margin-left: 0px; ">Uhall - D850>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>> 0px; =

>>>>>> margin-left: 0px; ">The University of Lethbridge>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>> 0px; =

>>>>>> margin-left: 0px; ">4401 University Drive=A0>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>> 0px; =

>>>>>> margin-left: 0px; ">Lethbridge, AB, Canada>>>>> style=3D"margin-top: =

>>>>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>>>> ">T1K =

>>>>>> 3M4>>>>> margin-bottom: 0px; margin-left: 0px; ">>>>>> class=3D"webkit-block-placeholder">>>>>> top:

>>>>>> 0px; =

>>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>>>> ">phone: =

>>>>>> 403-329-2437=A0>>>>> 0px; =

>>>>>> margin-bottom: 0px; margin-left: 0px; ">department: =

>>>>>> 403-329-2235>>>>> right: 0px; =

>>>>>> margin-bottom: 0px; margin-left: 0px; ">fax: =A0403-329-2555>>>>> div>>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>> 0px; =

>>>>>> margin-left: 0px; ">email:=A0>>>>> href=3D"mailto:forgie@uleth.ca">forgie@uleth.ca (preferred =

>>>>>> contact)>>>>> margin-bottom: 0px; margin-left: 0px; ">>>>>> class=3D"webkit-block-placeholder">>>>>> top:

>>>>>> 0px; =

>>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>>>>> class=3D"webkit-block-placeholder">>>>>> class=3D"webkit-block-placeholder">>>>>> class=3D"Apple-interchange-newline">>>>>> class=3D"Apple-interchange-newline"> =

>>>>>> =

>>>>>>

>>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>>>>>>

>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>>> Content-Disposition: attachment

>>>>>> Content-Type: text/plain;

>>>>>> charset=US-ASCII

>>>>>> Content-Transfer-Encoding: 7bit

>>>>>>

>>>>>> _______________________________________________

>>>>>> cafr-l mailing list

>>>>>> cafr-l@uleth.ca

>>>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>>>

>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--

>>>>>

>>>>>

>>>>>

>>>>> _______________________________________________

>>>>> cafr-l mailing list

>>>>> cafr-l@uleth.ca

>>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>

>>>>

>>>>

>>>> _______________________________________________

>>>> cafr-l mailing list

>>>> cafr-l@uleth.ca

>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>

>>>

>>>

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From robinson at uleth.ca Sun Nov 23 12:39:05 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sun Nov 23 12:39:12 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:









Message-ID:



Regarding Bryson's comments: would WCB assistance really be faster

than the general lineup for health services if the WCB had nothing to

pay out to the student (assuming that a student, in earning no money

from the university, would and could not be paid for wages lost)?

Isn't the goal of WCB to get the worker quickly back to work so that

WCB no longer is carrying the wage cost? Just wondering. Do we have

case studies showing response time to these different scenarios? I

doubt it.



Tom



On 23-Nov-08, at 12:28 PM, Margaret Forgie wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> I think you make a very good point. I can see that this would be

> one of the first arguments, and highly supported by students.

> Obviously we need to have a separate policy that covers students as

> students and nothing else. Why can't we just have comprehensive

> coverage for all members of our general university community that do

> not involve WCB at all where it should not be? Why can't the U pay

> premiums to a different kind of insurance/liability scenario? I

> think John V. hit the nail on the head here in past communications

> that we must work to define a student as a student, the public as

> the public, and so on.

>

> At this point perhaps all of us that are interested in the issue

> should schedule an in person "conference" such that we can all get

> on the same page face-to-face and share our ideas and come to a

> united effort over how to proceed.

>

>

> What about a faculty-endorsed survey, and then a referendum on which

> way the existing policy "could be" applied? OK strike that last

> one, I am already in trouble.

>

> M.

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

> On 23-Nov-08, at 12:18 PM, Bryson Brown wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> I'm onside as well. The case we've been discussing is very

>> disturbing, and the designation of students as employees seems

>> absurd (and of a piece with the heads-I-win, tails-you-lose

>> mentality of the Alberta Gov't). My only concern (and this is more

>> a request for background than anything else) is that when it comes

>> to getting quick access to medical care and rehab, WC is a real

>> advantage--though it comes at the cost, of course, of losing the

>> right to sue. So if the policy is changed, some students will

>> benefit by being able to pursue a claim of negligence while others

>> (hurt less seriously and not interested in pursuing a lawsuit or

>> hurt through no negligence on the University's part) may lose the

>> special benefits of being treated within the WC system.

>> This certainly doesn't excuse the University's refusal to reach an

>> out-of-court settlement in the case (quite possibly at a lower cost

>> than the legal fees incurred), let alone the thuggish threat of

>> suing the victim to recover those legal costs. And it doesn't

>> affect the importance of making sure that students are aware of

>> their status and its disadvantages. But it does complicate the

>> issue, at least as I understand it now.

>>

>> Bryson

>>

>> Tom Robinson wrote:

>>

>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the

>>> content of their messages.

>>>

>>> --------------------

>>> Ian and all,

>>>

>>> I am on side. I haven't yet seen any convincing argument to

>>> consider students as employees or "workers," as WCB puts it.

>>>

>>> Even a convincing explanation leaves unsettled:

>>>

>>> (1) Why students are not made aware of this status?

>>>

>>> (2) How the WCB came to rule in this way, particularly when they

>>> are not ordered to so designate students but are only permitted

>>> to do so. Though an argument might be convincing here (I don't

>>> know), I would want to ask whether another solution would have

>>> been as reasonable or even more reasonable, particularly when

>>> only Alberta has decided to go this route, and even the Alberta

>>> Occupational Health and Safety (am I right here, Ian?) and the

>>> WCB Appeals Commission do not think that students should be

>>> designated in this way.

>>>

>>> Tom

>>>

>>>

>>> On 23-Nov-08, at 11:34 AM, Ian McKenna wrote:

>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated list and posters are solely responsible for the

>>>> content of their messages.

>>>>

>>>> --------------------

>>>> Margaret and others.

>>>>

>>>> Perhaps we are all disappointed that our idealism lasted only

>>>> two days. Is

>>>> there anything we can do about this? Can we discover whether the SU

>>>> executive has already been advised by the administration to avoid

>>>> the

>>>> issue of students as employees of the provincial government?

>>>> While the law

>>>> has spoken on this, the media, some faculty members, those who take

>>>> seriously the doctrine of "in loco parentis", some members of

>>>> the public,

>>>> possibly opposition parties, and even some students may still

>>>> have much to

>>>> say on the bizarre interpretation of the intention of the

>>>> Legislature

>>>> (another useful legal fiction).

>>>>

>>>> Are people in CAFR willing to sign letters to the Meliorist, the

>>>> Lethbridge Herald, the Calgary Herald, and the Edmonton Journal?

>>>> (as we

>>>> know we have campuses in the north). I have already been

>>>> interviewed by a

>>>> journalist, Norm Lebus who is pitching a story to CTV Calgary on

>>>> the issue

>>>> of students as employees of the Government. This of course is for

>>>> the

>>>> Calgary audience. Would anyone be willing to say a few words on

>>>> air if his

>>>> pitch is accepted? I assume the words would reflect the revulsion

>>>> of some

>>>> faculty members at this regulation and the lack of respect it

>>>> shows for

>>>> our students. The local Herald might do a story on CAFR

>>>> members' (I assume

>>>> not all) opposition to the U of L's administration on this matter

>>>> - i.e.

>>>> beyond Rebeca's case.

>>>>

>>>> Can we spread the word to academic colleagues across Canada to

>>>> make it

>>>> known what is going on in Alberta? Can we have a petition signed by

>>>> colleagues here to express concern or whatever about the University

>>>> administration's ethics?

>>>>

>>>> Just some thoughts for action. I am sure there are other things

>>>> to be done.

>>>>

>>>> Ian

>>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated list

>>>>

>>>>> and posters are solely responsible for the content of their

>>>>> messages.

>>>>>

>>>>> --------------------

>>>>> Excellent... You bring the lawn chairs and the coolers of beer,

>>>>> I'll

>>>>> bring the soup, the blankets, and the umbrellas. wan :-) M.

>>>>> _______________________

>>>>>

>>>>> Margaret L. Forgie, Ph.D.

>>>>> Academic Assistant/Lecturer

>>>>> Department of Psychology

>>>>> Uhall - D850

>>>>> The University of Lethbridge

>>>>> 4401 University Drive

>>>>> Lethbridge, AB, Canada

>>>>> T1K 3M4

>>>>>

>>>>> phone: 403-329-2437

>>>>> department: 403-329-2235

>>>>> fax: 403-329-2555

>>>>> email: forgie@uleth.ca (preferred contact)

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>> On 22-Nov-08, at 3:50 PM, Tom Robinson wrote:

>>>>>

>>>>>> Postings to this list are *Publicly Archived.* This is an

>>>>>> unmoderated list and posters are solely responsible for the

>>>>>> content

>>>>>> of their messages.

>>>>>>

>>>>>> --------------------

>>>>>> Margaret,

>>>>>>

>>>>>> I am behind you. That might not help, but at least you won't

>>>>>> die on

>>>>>> that hill alone.

>>>>>>

>>>>>> Tom

>>>>>>

>>>>>> On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:

>>>>>>

>>>>>>>

>>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>>>> Content-Disposition: inline

>>>>>>> Content-Type: text/plain;

>>>>>>> charset=US-ASCII

>>>>>>> Content-Transfer-Encoding: 7bit

>>>>>>>

>>>>>>> Postings to this list are *Publicly Archived.* This is an

>>>>>>> unmoderated list and posters are solely responsible for the

>>>>>>> content of their messages.

>>>>>>>

>>>>>>> --------------------

>>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>>>> Content-Type: multipart/alternative;

>>>>>>> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

>>>>>>>

>>>>>>>

>>>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>>>>> Content-Type: text/plain;

>>>>>>> format=flowed;

>>>>>>> delsp=yes

>>>>>>> Content-Transfer-Encoding: 7bit

>>>>>>>

>>>>>>> Dear Colleagues. It would appear that my informing of

>>>>>>> students in my

>>>>>>> classes in person has produced a negative response from the

>>>>>>> current

>>>>>>> ULSU executive. I believe that I circulated my response to

>>>>>>> Adam V.

>>>>>>> the SU president to you. He has yet to respond to me.

>>>>>>>

>>>>>>> Unbeknown to me, the executive of the ULSU "visited" the Chair

>>>>>>> of my

>>>>>>> Department, to protest my "inappropriate" use of class time. My

>>>>>>> chair communicated this information to me this morning after I

>>>>>>> informed him of the details of the issue. My Chair IS NOT

>>>>>>> INVOLVED -

>>>>>>> except for the fact that he is our chair.

>>>>>>>

>>>>>>> I of course cannot know what a student said to SU and they

>>>>>>> then said

>>>>>>> to them and so on and so on... the telephone game that

>>>>>>> children play

>>>>>>> at school (my son less than a week ago on a workshop at his high

>>>>>>> school on bullying and gossip, for instance).

>>>>>>>

>>>>>>> I stand by my message and my use of class time and I am just

>>>>>>> sadly

>>>>>>> disappointed that this is where our idealism went in less than 2

>>>>>>> days.

>>>>>>>

>>>>>>> M.

>>>>>>>

>>>>>>> _______________________

>>>>>>>

>>>>>>> Margaret L. Forgie, Ph.D.

>>>>>>> Academic Assistant/Lecturer

>>>>>>> Department of Psychology

>>>>>>> Uhall - D850

>>>>>>> The University of Lethbridge

>>>>>>> 4401 University Drive

>>>>>>> Lethbridge, AB, Canada

>>>>>>> T1K 3M4

>>>>>>>

>>>>>>> phone: 403-329-2437

>>>>>>> department: 403-329-2235

>>>>>>> fax: 403-329-2555

>>>>>>> email: forgie@uleth.ca (preferred contact)

>>>>>>>

>>>>>>>

>>>>>>>

>>>>>>>

>>>>>>>

>>>>>>>

>>>>>>>

>>>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>>>>> Content-Disposition: attachment

>>>>>>> Content-Type: text/html;

>>>>>>> charset=iso-8859-1

>>>>>>> Content-Transfer-Encoding: quoted-printable

>>>>>>>

>>>>>>> >>>>>> space; =

>>>>>>> -webkit-line-break: after-white-space; ">

>>>>>>> Dear Colleagues. =A0It would appear that my informing of

>>>>>>> students

>>>>>>> in my =

>>>>>>> classes in person has produced a negative response from the

>>>>>>> current ULSU =

>>>>>>> executive. =A0I believe that I circulated my response to Adam V.

>>>>>>> the SU =

>>>>>>> president to you. =A0He has yet to respond to =

>>>>>>> me.=A0Unbeknown to me, the executive of the

>>>>>>> ULSU =

>>>>>>> "visited" the Chair of my Department, to protest my

>>>>>>> "inappropriate" use =

>>>>>>> of class time. =A0My chair communicated this information to

>>>>>>> me this =

>>>>>>> morning after I informed him of the details of the issue. =A0My

>>>>>>> Chair IS =

>>>>>>> NOT INVOLVED -except for the fact that he is our =

>>>>>>> chair.I of course cannot know

>>>>>>> what a =

>>>>>>> student said to SU and they then said to them and so on and so

>>>>>>> on... =

>>>>>>> =A0the telephone game that children play at school (my son less

>>>>>>> than a =

>>>>>>> week ago on a workshop at his high school on bullying and

>>>>>>> gossip,

>>>>>>> for =

>>>>>>> instance).I stand by my message and my

>>>>>>> use of =

>>>>>>> class time and I am just sadly disappointed that this is

>>>>>>> where our =

>>>>>>> idealism went in less than 2 =

>>>>>>> days.M. >>>>>> class=3D"Apple-style-span" style=3D"border-collapse: separate;

>>>>>>> color: =

>>>>>>> rgb(0, 0, 0); font-family: 'Gill Sans'; font-size: 18px; font-

>>>>>>> style: =

>>>>>>> normal; font-variant: normal; font-weight: normal; letter-

>>>>>>> spacing: =

>>>>>>> normal; line-height: normal; orphans: 2; text-align: auto; text-

>>>>>>> indent: =

>>>>>>> 0px; text-transform: none; white-space: normal; widows: 2; word-

>>>>>>> spacing: =

>>>>>>> 0px; -webkit-border-horizontal-spacing: 0px; =

>>>>>>> -webkit-border-vertical-spacing: 0px; =

>>>>>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-

>>>>>>> adjust: =

>>>>>>> auto; -webkit-text-stroke-width: 0; ">>>>>>> style-

>>>>>>> span" =

>>>>>>> style=3D"border-collapse: separate; color: rgb(0, 0, 0); font-

>>>>>>> family: =

>>>>>>> 'Gill Sans'; font-size: 18px; font-style: normal; font-variant:

>>>>>>> normal; =

>>>>>>> font-weight: normal; letter-spacing: normal; line-height:

>>>>>>> normal; =

>>>>>>> orphans: 2; text-indent: 0px; text-transform: none; white-space:

>>>>>>> normal; =

>>>>>>> widows: 2; word-spacing: 0px; -webkit-border-horizontal-spacing:

>>>>>>> 0px; =

>>>>>>> -webkit-border-vertical-spacing: 0px; =

>>>>>>> -webkit-text-decorations-in-effect: none; -webkit-text-size-

>>>>>>> adjust: =

>>>>>>> auto; -webkit-text-stroke-width: 0px; ">>>>>>> style=3D"margin-

>>>>>>> top: =

>>>>>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; =

>>>>>>> ">_______________________>>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>>>>>> class=3D"webkit-block-placeholder">>>>>>> top:

>>>>>>> 0px; =

>>>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>>>>> ">Margaret L. =

>>>>>>> Forgie, Ph.D.>>>>>> 0px; =

>>>>>>> margin-bottom: 0px; margin-left: 0px; ">Academic =

>>>>>>> Assistant/Lecturer>>>>>> right: =

>>>>>>> 0px; margin-bottom: 0px; margin-left: 0px; ">Department of =

>>>>>>> Psychology>>>>>> 0px; =

>>>>>>> margin-bottom: 0px; margin-left: 0px; ">Uhall - D850>>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>>> 0px; =

>>>>>>> margin-left: 0px; ">The University of Lethbridge>>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>>> 0px; =

>>>>>>> margin-left: 0px; ">4401 University Drive=A0>>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>>> 0px; =

>>>>>>> margin-left: 0px; ">Lethbridge, AB, Canada>>>>>> style=3D"margin-top: =

>>>>>>> 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>>>>> ">T1K =

>>>>>>> 3M4>>>>>> margin-bottom: 0px; margin-left: 0px; ">>>>>>> class=3D"webkit-block-placeholder">>>>>>> top:

>>>>>>> 0px; =

>>>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px;

>>>>>>> ">phone: =

>>>>>>> 403-329-2437=A0>>>>>> right:

>>>>>>> 0px; =

>>>>>>> margin-bottom: 0px; margin-left: 0px; ">department: =

>>>>>>> 403-329-2235>>>>>> right: 0px; =

>>>>>>> margin-bottom: 0px; margin-left: 0px; ">fax: =A0403-329-2555>>>>>> div>>>>>>> style=3D"margin-top: 0px; margin-right: 0px; margin-bottom:

>>>>>>> 0px; =

>>>>>>> margin-left: 0px; ">email:=A0>>>>>> href=3D"mailto:forgie@uleth.ca">forgie@uleth.ca (preferred =

>>>>>>> contact)>>>>>> 0px; =

>>>>>>> margin-bottom: 0px; margin-left: 0px; ">>>>>>> class=3D"webkit-block-placeholder">>>>>>> top:

>>>>>>> 0px; =

>>>>>>> margin-right: 0px; margin-bottom: 0px; margin-left: 0px; ">>>>>>> class=3D"webkit-block-placeholder">>>>>>> class=3D"webkit-block-placeholder">>>>>>> class=3D"Apple-interchange-newline">>>>>>> class=3D"Apple-interchange-newline"> =

>>>>>>> =

>>>>>>>

>>>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>>>>>>>

>>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>>>> Content-Disposition: attachment

>>>>>>> Content-Type: text/plain;

>>>>>>> charset=US-ASCII

>>>>>>> Content-Transfer-Encoding: 7bit

>>>>>>>

>>>>>>> _______________________________________________

>>>>>>> cafr-l mailing list

>>>>>>> cafr-l@uleth.ca

>>>>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>>>>

>>>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--

>>>>>>

>>>>>>

>>>>>>

>>>>>> _______________________________________________

>>>>>> cafr-l mailing list

>>>>>> cafr-l@uleth.ca

>>>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>>

>>>>>

>>>>>

>>>>> _______________________________________________

>>>>> cafr-l mailing list

>>>>> cafr-l@uleth.ca

>>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>>

>>>>

>>>>

>>>>

>>>> _______________________________________________

>>>> cafr-l mailing list

>>>> cafr-l@uleth.ca

>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>>

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From forgie at uleth.ca Sun Nov 23 12:48:26 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 23 12:48:38 2008

Subject: [CAFR-L] To die or not to die, and if so on which hill?

In-Reply-To:

References:



Message-ID:



Yes I am an Academic Assistant (I added the Lecturer a long time ago

to indicate my status as an Instructor - and a Ph.D. and someone who

has taught here in one capacity or another since 1993 Class B). Due

to life circumstances that are irrelevant to any discussion of my

career, I chose to stay here and to create my job. I am not a term

employee (though I was for many of the early years), rather I am

deemed as a Continuing Position (I do believe that Bryson was on the

committee that finally gave me that status? can't quite recall the

actual wording but it is our version of Tenure, sort of). In the

recent re-structuring of AA assignments (Schedule J of the Faculty

Handbook), I was accorded the Rank of 3. My Position Description is

currently in revision to reflect the continued development of the

revision of the Department of Psychology and Neuroscience into the

Department of Psychology and the Department of Neuroscience. My

course assignments are made with NO malice in our department - we've

been working out my load for years together to meet the expectations

of the Administration. For many years, though, I have explored the

concept of a terminal Assistant Professor of Teaching for myself and

other long-time AAs, but of course we cannot have two tiers of

Faculty at our institution. We are also salary capped, so it won't

be much longer until I can no longer accrue merit increments for my

teaching. In fact, it could be this year, so regardless of what the

department or the Dean thinks of my service, I won't get a raise.

There you have it in a nutshell. M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 23-Nov-08, at 12:28 PM, Inge Genee wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------Dear Margaret and others,

>

> I'd gone off CAFR for a while because I just could not take the

> negativity any more that seems to invade my life whenever anything

> other than strict teaching or research has to happen.

>

> But after (1) reading about Tom's case in the Meliorist and (2)

> hearing about Margaret's case and (3) being forced to publicly

> initiate the defeat of a motion on the number of minors students

> would be allowed to declare in the last Arts and Science Council -

> a motion which never should have been brought forward without

> bringing it back for discussion to the department it was being made

> to look like it originated from, and which in my opinion they were

> trying to sneak through along with all the million other motions on

> curriculum that were basically being rubber stamped in that meeting

> -, and (4) after having been forced, in amy capacity of associate

> chair of my department, to cut, in the last couple of weeks, a

> large number of courses from our timetable for 09/10, due to never

> entirely specified "budget contraints", causing serious risk to the

> integrity to some of our programs, after all that, I feel, again,

> that I have no choice but to make sure I am at least aware of what

> is going on. And so, reluctantly, I now get the daily digest, which

> is only marginally less invasive but at least I don't have to be

> upset so many times per day, it kind of gets concentrated into one

> or sometimes two times a day. Which is probably better for my

> mental health.

>

> So Margaret, I'll sit on that hill with you, but there better be

> soup. I worry about your status: are you on a permanent contract or

> not? I seem to remember you're an academic assistant or lecturer.

> All the more reason for the rest of us to watch this with hawks' eyes.

>

> With sadness but resignation,

>

> Inge

>

>

>

>

> cafr-l-request@uleth.ca wrote:

>> --------------------

>>

>> Today's Topics:

>>

>> 1. Re: My informing of students (Margaret Forgie)

>> 2. Academic Freedom... An administrative moment (Daniel O'Donnell)

>> 3. Re: Academic Freedom... An administrative moment (Margaret

>> Forgie)

>> 4. Re: My informing of students (Ian McKenna)

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From forgie at uleth.ca Sun Nov 23 12:52:50 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 23 12:53:04 2008

Subject: [CAFR-L] To die or not to die, and if so on which hill?

In-Reply-To:

References:



Message-ID:



I should add that I came here as a Post-Doctoral Fellow to work with

Bryan Kolb. I was very successful at that before life happened.

Thus the creation of my own job. M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 23-Nov-08, at 12:28 PM, Inge Genee wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------Dear Margaret and others,

>

> I'd gone off CAFR for a while because I just could not take the

> negativity any more that seems to invade my life whenever anything

> other than strict teaching or research has to happen.

>

> But after (1) reading about Tom's case in the Meliorist and (2)

> hearing about Margaret's case and (3) being forced to publicly

> initiate the defeat of a motion on the number of minors students

> would be allowed to declare in the last Arts and Science Council -

> a motion which never should have been brought forward without

> bringing it back for discussion to the department it was being made

> to look like it originated from, and which in my opinion they were

> trying to sneak through along with all the million other motions on

> curriculum that were basically being rubber stamped in that meeting

> -, and (4) after having been forced, in amy capacity of associate

> chair of my department, to cut, in the last couple of weeks, a

> large number of courses from our timetable for 09/10, due to never

> entirely specified "budget contraints", causing serious risk to the

> integrity to some of our programs, after all that, I feel, again,

> that I have no choice but to make sure I am at least aware of what

> is going on. And so, reluctantly, I now get the daily digest, which

> is only marginally less invasive but at least I don't have to be

> upset so many times per day, it kind of gets concentrated into one

> or sometimes two times a day. Which is probably better for my

> mental health.

>

> So Margaret, I'll sit on that hill with you, but there better be

> soup. I worry about your status: are you on a permanent contract or

> not? I seem to remember you're an academic assistant or lecturer.

> All the more reason for the rest of us to watch this with hawks' eyes.

>

> With sadness but resignation,

>

> Inge

>

>

>

>

> cafr-l-request@uleth.ca wrote:

>> --------------------

>>

>> Today's Topics:

>>

>> 1. Re: My informing of students (Margaret Forgie)

>> 2. Academic Freedom... An administrative moment (Daniel O'Donnell)

>> 3. Re: Academic Freedom... An administrative moment (Margaret

>> Forgie)

>> 4. Re: My informing of students (Ian McKenna)

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From forgie at uleth.ca Sun Nov 23 14:28:46 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 23 14:28:53 2008

Subject: [CAFR-L] Many students get the irony...

Message-ID:



From an anonymous student that knows me (although has clearly not

internalized the concept that since does not equal because- sigh):



Hi Dr. Forgie,

I saw this and was wondering... since we are technically employees of

the university, could we be able to do this free of charge?





Begin forwarded message:

Date: November 21, 2008 12:12:00 PM MST (CA)

Subject: NOTICES: First Aid Training

Source: U of L Notice Board



Risk & Safety Services is pleased to offer Standard First Aid/CPR

training, facilitated through St. John Ambulance to all permanent

part-time/full-time staff.



The course is two full days, on December 8th and 9th and will be

conducted on campus at AH100 (Andy?s Place) starting at 8:00 am and

ending at approximately 4:00 pm each day (30 minute lunch break). The

course is offered free of charge to University of Lethbridge

employees; however, it is imperative that those who register attend,

or the department in which they work will be charged $90.00 per person.



If you or your staff are interested in attending, please register by

contacting Dan Berte @ 329-2190 (email daniel.berte@uleth.ca) or

Carolin Cattoi-Demkiw @ 329-2350 (email: carolin.cattoidemkiw@uleth.ca).



Please provide the following contact information: name, department,

email address, and phone number.







Sincerely,





Dan Berte

Safety Officer, NCSO

University of Lethbridge

Risk and Safety Services

P: 403-329-2190

C: 403-330-4495

F: 403-329-2685

daniel.berte@uleth.ca

Read more?







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From siminovitch at uleth.ca Sun Nov 23 14:42:34 2008

From: siminovitch at uleth.ca (David Siminovitch)

Date: Sun Nov 23 14:40:01 2008

Subject: [CAFR-L] WCB

Message-ID:



Without WCB, what exactly are the options for students? What are they

elsewhere in Canada? As I pointed out earlier, when I first brought this

case to the attention of Laura Lozanski (CAUT Safety Officer), without

hesitation, she saw WCB coverage for students as a positive. I don't by

any means wish to make the case this coverage is always just or fair.

But her reply suggests it is much worse elsewhere. I would like to know

what would have happened (and surely must have happened) elsewhere in

Canada in a similar case. Have such cases always been settled by

lawsuits?

David



From forgie at uleth.ca Sun Nov 23 14:48:13 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 23 14:48:33 2008

Subject: [CAFR-L] WCB

In-Reply-To:

References:

Message-ID:



Once again, David makes a good point. We need numbers and cases and

realistic scenarios for current and future students, the public, and

our children. Perhaps all interested parties have to meet in

person. I know we all loathe a meeting, but in this case I think it

necessary to keep us all from floundering in the dark over unshared

information. Yours, Margaret.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 23-Nov-08, at 2:42 PM, David Siminovitch wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Without WCB, what exactly are the options for students? What are

> they elsewhere in Canada? As I pointed out earlier, when I first

> brought this case to the attention of Laura Lozanski (CAUT Safety

> Officer), without hesitation, she saw WCB coverage for students as

> a positive. I don't by any means wish to make the case this

> coverage is always just or fair. But her reply suggests it is much

> worse elsewhere. I would like to know what would have happened (and

> surely must have happened) elsewhere in Canada in a similar case.

> Have such cases always been settled by lawsuits?

> David

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From robinson at uleth.ca Sun Nov 23 16:54:00 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sun Nov 23 16:54:11 2008

Subject: [CAFR-L] WCB

In-Reply-To:

References:



Message-ID:



There seems to be varying opinions.

Tom



The UofL raised the matter in a 2001 board meeting:

http://www.uleth.ca/bog/Documents/Meeting_Minutes/2001/jan2001.pdf









WCB has a Facts Sheets on Students and WCB at:

http://www.wcb.ab.ca/pdfs/WFS_Student_coverage.pdf (see below).

There seem to be curious qualifications. Also, I wonder what WCB

covers that is not covered by Blue Cross (or whatever insurance

students have).







Here is how Olds College reads the matter:

>





http://74.125.95.132/search?q=cache:b58TXy2HPl0J:www.oldscollege.ca/polic

ies/listpages/c-

humanresources/AccidentProcedureWorkExp.pdf+%22students+and+WCB%22&hl=en&

ct=clnk&cd=4&client=safari





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From robinson at uleth.ca Sun Nov 23 17:10:36 2008

From: robinson at uleth.ca (Tom Robinson)

Date: Sun Nov 23 17:10:44 2008

Subject: [CAFR-L] WCB

In-Reply-To:

References:





Message-ID:



> SORRY FOR THE MESS OF MY PREVIOUS POST. I had copied graphics from

> the pdf documents, but they did not come through. Here are the links

> without the graphics.





> There seems to be varying opinions.

> Tom

>

> The UofL raised the matter in a 2001 board meeting:

> http://www.uleth.ca/bog/Documents/Meeting_Minutes/2001/jan2001.pdf

>

>

> WCB has a Facts Sheets on Students and WCB at:

> http://www.wcb.ab.ca/pdfs/WFS_Student_coverage.pdf (see below).

> There seem to be curious qualifications. Also, I wonder what WCB

> covers that is not covered by Blue Cross (or whatever insurance

> students have).

>

> Here is how Olds College reads the matter:

>

>

http://74.125.95.132/search?q=cache:b58TXy2HPl0J:www.oldscollege.ca/polic

ies/listpages/c-

humanresources/AccidentProcedureWorkExp.pdf+%22students+and+WCB%22&hl=en&

ct=clnk&cd=4&client=safari

>



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From richard.mueller at uleth.ca Sun Nov 23 20:56:57 2008

From: richard.mueller at uleth.ca (Mueller, Richard)

Date: Sun Nov 23 20:57:00 2008

Subject: [CAFR-L] WCB

References:



Message-ID:



All,



I agree with Margaret, we do need a meeting if there's still some room on

the hill (I want one because I'm lonely, but that's a different issue).



While watching the Grey Cup this afternoon, I did a little surfing on the

web and couldn't find another jurisdiction (outside of Alberta) that

deemed university students to be employees. Some things I did find were

that some universities did have insurance policies to protect students

from injuries (on campus or off if on university-related activities).

Also, I couldn't find any cases of universities being sued for damages

caused by injuries. That said, if other universities operate under the

same veil of secrecy regarding such matters as our beloved institution,

it isn't suprising that I found very nothing. I did find info about

lawsuits against universities that were either (1) deemed frivilous, or

(2) won by the university. I believe Andrea had some info on a legal

website, so I suspect a search of this or a related site might find some

info on students who have sued their institutions for damages related to

personal injuries sustained on campus. If so, I would assume that the

individuals in these cases wouldn't have been covered by provincial WCB

legislation.



My 2 cents.



Rick



________________________________



From: cafr-l-bounces@uleth.ca on behalf of Margaret Forgie

Sent: Sun 23/11/2008 2:48 PM

To: cafr-l, MailList

Subject: Re: [CAFR-L] WCB







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Once again, David makes a good point. We need numbers and cases and

realistic scenarios for current and future students, the public, and

our children. Perhaps all interested parties have to meet in

person. I know we all loathe a meeting, but in this case I think it

necessary to keep us all from floundering in the dark over unshared

information. Yours, Margaret.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)

On 23-Nov-08, at 2:42 PM, David Siminovitch wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Without WCB, what exactly are the options for students? What are

> they elsewhere in Canada? As I pointed out earlier, when I first

> brought this case to the attention of Laura Lozanski (CAUT Safety

> Officer), without hesitation, she saw WCB coverage for students as

> a positive. I don't by any means wish to make the case this

> coverage is always just or fair. But her reply suggests it is much

> worse elsewhere. I would like to know what would have happened (and

> surely must have happened) elsewhere in Canada in a similar case.

> Have such cases always been settled by lawsuits?

> David

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l





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From mckenna at uleth.ca Sun Nov 23 22:27:16 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sun Nov 23 22:27:17 2008

Subject: [CAFR-L] My informing of students

In-Reply-To:

References:









Message-ID:



Tom

You are right about the WCB. Their own Appeals Commission overruled them

3-0 back in 2005. The second Appeals Commission hearing was simply a show

trial - i.e. making sure that the Appeals Commission was onside with the

Queen's Bench.



Thanks

Ian



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Ian and all,

>

> I am on side. I haven't yet seen any convincing argument to consider

> students as employees or "workers," as WCB puts it.

>

> Even a convincing explanation leaves unsettled:

>

> (1) Why students are not made aware of this status?

>

> (2) How the WCB came to rule in this way, particularly when they are

> not ordered to so designate students but are only permitted to do so.

> Though an argument might be convincing here (I don't know), I would

> want to ask whether another solution would have been as reasonable or

> even more reasonable, particularly when only Alberta has decided to go

> this route, and even the Alberta Occupational Health and Safety (am I

> right here, Ian?) and the WCB Appeals Commission do not think that

> students should be designated in this way.

>

> Tom

>

>

> On 23-Nov-08, at 11:34 AM, Ian McKenna wrote:

>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list and posters are solely responsible for the content

>> of their messages.

>>

>> --------------------

>> Margaret and others.

>>

>> Perhaps we are all disappointed that our idealism lasted only two

>> days. Is

>> there anything we can do about this? Can we discover whether the SU

>> executive has already been advised by the administration to avoid the

>> issue of students as employees of the provincial government? While

>> the law

>> has spoken on this, the media, some faculty members, those who take

>> seriously the doctrine of "in loco parentis", some members of the

>> public,

>> possibly opposition parties, and even some students may still have

>> much to

>> say on the bizarre interpretation of the intention of the Legislature

>> (another useful legal fiction).

>>

>> Are people in CAFR willing to sign letters to the Meliorist, the

>> Lethbridge Herald, the Calgary Herald, and the Edmonton Journal? (as

>> we

>> know we have campuses in the north). I have already been interviewed

>> by a

>> journalist, Norm Lebus who is pitching a story to CTV Calgary on the

>> issue

>> of students as employees of the Government. This of course is for the

>> Calgary audience. Would anyone be willing to say a few words on air

>> if his

>> pitch is accepted? I assume the words would reflect the revulsion of

>> some

>> faculty members at this regulation and the lack of respect it shows

>> for

>> our students. The local Herald might do a story on CAFR members' (I

>> assume

>> not all) opposition to the U of L's administration on this matter -

>> i.e.

>> beyond Rebeca's case.

>>

>> Can we spread the word to academic colleagues across Canada to make it

>> known what is going on in Alberta? Can we have a petition signed by

>> colleagues here to express concern or whatever about the University

>> administration's ethics?

>>

>> Just some thoughts for action. I am sure there are other things to

>> be done.

>>

>> Ian

>>

>> Postings to this list are *Publicly Archived.* This is an

>> unmoderated list

>>> and posters are solely responsible for the content of their messages.

>>>

>>> --------------------

>>> Excellent... You bring the lawn chairs and the coolers of beer, I'll

>>> bring the soup, the blankets, and the umbrellas. wan :-) M.

>>> _______________________

>>>

>>> Margaret L. Forgie, Ph.D.

>>> Academic Assistant/Lecturer

>>> Department of Psychology

>>> Uhall - D850

>>> The University of Lethbridge

>>> 4401 University Drive

>>> Lethbridge, AB, Canada

>>> T1K 3M4

>>>

>>> phone: 403-329-2437

>>> department: 403-329-2235

>>> fax: 403-329-2555

>>> email: forgie@uleth.ca (preferred contact)

>>>

>>>

>>>

>>>

>>>

>>>

>>> On 22-Nov-08, at 3:50 PM, Tom Robinson wrote:

>>>

>>>> Postings to this list are *Publicly Archived.* This is an

>>>> unmoderated list and posters are solely responsible for the content

>>>> of their messages.

>>>>

>>>> --------------------

>>>> Margaret,

>>>>

>>>> I am behind you. That might not help, but at least you won't die on

>>>> that hill alone.

>>>>

>>>> Tom

>>>>

>>>> On 22-Nov-08, at 2:02 PM, Margaret Forgie wrote:

>>>>

>>>>>

>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>> Content-Disposition: inline

>>>>> Content-Type: text/plain;

>>>>> charset=US-ASCII

>>>>> Content-Transfer-Encoding: 7bit

>>>>>

>>>>> Postings to this list are *Publicly Archived.* This is an

>>>>> unmoderated list and posters are solely responsible for the

>>>>> content of their messages.

>>>>>

>>>>> --------------------

>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E

>>>>> Content-Type: multipart/alternative;

>>>>> boundary="----=_NextPart_001_4A73BC9_01C94CE7.BC95141E"

>>>>>

>>>>>

>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

>>>>> Content-Type: text/plain;

>>>>> format=flowed;

>>>>> delsp=yes

>>>>> Content-Transfer-Encoding: 7bit

>>>>>

>>>>> Dear Colleagues. It would appear that my informing of students

>>>>> in my

>>>>> classes in person has produced a negative response from the current

>>>>> ULSU executive. I believe that I circulated my response to Adam V.

>>>>> the SU president to you. He has yet to respond to me.

>>>>>

>>>>> Unbeknown to me, the executive of the ULSU "visited" the Chair of

>>>>> my

>>>>> Department, to protest my "inappropriate" use of class time. My

>>>>> chair communicated this information to me this morning after I

>>>>> informed him of the details of the issue. My Chair IS NOT

>>>>> INVOLVED -

>>>>> except for the fact that he is our chair.

>>>>>

>>>>> I of course cannot know what a student said to SU and they then

>>>>> said

>>>>> to them and so on and so on... the telephone game that children

>>>>> play

>>>>> at school (my son less than a week ago on a workshop at his high

>>>>> school on bullying and gossip, for instance).

>>>>>

>>>>> I stand by my message and my use of class time and I am just sadly

>>>>> disappointed that this is where our idealism went in less than 2

>>>>> days.

>>>>>

>>>>> M.

>>>>>

>>>>> _______________________

>>>>>

>>>>> Margaret L. Forgie, Ph.D.

>>>>> Academic Assistant/Lecturer

>>>>> Department of Psychology

>>>>> Uhall - D850

>>>>> The University of Lethbridge

>>>>> 4401 University Drive

>>>>> Lethbridge, AB, Canada

>>>>> T1K 3M4

>>>>>

>>>>> phone: 403-329-2437

>>>>> department: 403-329-2235

>>>>> fax: 403-329-2555

>>>>> email: forgie@uleth.ca (preferred contact)

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>>

>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E

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>>>>> Content-Type: text/html;

>>>>> charset=iso-8859-1

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>>>>> >>>> space; =

>>>>> -webkit-line-break: after-white-space; ">

>>>>> Dear Colleagues. =A0It would appear that my informing of students

>>>>> in my =

>>>>> classes in person has produced a negative response from the

>>>>> current ULSU =

>>>>> executive. =A0I believe that I circulated my response to Adam V.

>>>>> the SU =

>>>>> president to you. =A0He has yet to respond to =

>>>>> me.=A0Unbeknown to me, the executive of the ULSU =

>>>>> "visited" the Chair of my Department, to protest my

>>>>> "inappropriate" use =

>>>>> of class time. =A0My chair communicated this information to me

>>>>> this =

>>>>> morning after I informed him of the details of the issue. =A0My

>>>>> Chair IS =

>>>>> NOT INVOLVED -except for the fact that he is our =

>>>>> chair.I of course cannot know what

>>>>> a =

>>>>> student said to SU and they then said to them and so on and so

>>>>> on... =

>>>>> =A0the telephone game that children play at school (my son less

>>>>> than a =

>>>>> week ago on a workshop at his high school on bullying and gossip,

>>>>> for =

>>>>> instance).I stand by my message and my

>>>>> use of =

>>>>> class time and I am just sadly disappointed that this is where

>>>>> our =

>>>>> idealism went in less than 2 =

>>>>> days.M. >>>> class=3D"Apple-style-span" style=3D"border-collapse: separate;

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>>>>> Forgie, Ph.D.>>>> 0px; =

>>>>> margin-bottom: 0px; margin-left: 0px; ">Academic =

>>>>> Assistant/Lecturer>>>> right: =

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>>>>> 403-329-2235>>>> 0px; =

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>>>>> margin-left: 0px; ">email:=A0>>>> href=3D"mailto:forgie@uleth.ca">forgie@uleth.ca (preferred =

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>>>>> =

>>>>>

>>>>> ------=_NextPart_001_4A73BC9_01C94CE7.BC95141E--

>>>>>

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>>>>> Content-Disposition: attachment

>>>>> Content-Type: text/plain;

>>>>> charset=US-ASCII

>>>>> Content-Transfer-Encoding: 7bit

>>>>>

>>>>> _______________________________________________

>>>>> cafr-l mailing list

>>>>> cafr-l@uleth.ca

>>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>>>

>>>>> ------=_NextPart_000_4A73BC6_01C94CE7.BC95141E--

>>>>

>>>>

>>>> _______________________________________________

>>>> cafr-l mailing list

>>>> cafr-l@uleth.ca

>>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>>

>>> _______________________________________________

>>> cafr-l mailing list

>>> cafr-l@uleth.ca

>>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>>>

>>

>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>







From mckenna at uleth.ca Sun Nov 23 23:12:00 2008

From: mckenna at uleth.ca (Ian McKenna)

Date: Sun Nov 23 23:12:01 2008

Subject: [CAFR-L] WCB

In-Reply-To:

References:

Message-ID:



David and others

The other Canadian university in question would have made a settlement

with the student payable out of the university's insurance policy. As

this

would likely affect its insurance premiums, the university would have

also

improved its safety policies, not just to save cash but to avoid being

seen as an unsafe place for students. WCB is suitably covert but law

suits

(while still problematic) are overt.

I would like to believe that this program is designed for the benefit of

students. My problem is that, if it were, students wouldn't need to hear

about the program from Margaret Forgie or a Lethbridge Herald article.

Sadly, the purpose of the program is to bar students from legal action.

The pittance of compensation payments for those students eligible can

scarcely adequately compensate a student seriously injured and deprived

of

the expected earnings - probably the main purpose of her entering

post-secondary education.



I have said this before - the UK criminalizes any attempt to rely on an

exemption of liability clause to prevent someone from suing for physical

injuries. Along with nine provinces and the territories I see no saving

grace in this bizarre system.



Postings to this list are *Publicly Archived.* This is an unmoderated

list

> and posters are solely responsible for the content of their messages.

>

> --------------------

> Without WCB, what exactly are the options for students? What are they

> elsewhere in Canada? As I pointed out earlier, when I first brought

this

> case to the attention of Laura Lozanski (CAUT Safety Officer), without

> hesitation, she saw WCB coverage for students as a positive. I don't by

> any means wish to make the case this coverage is always just or fair.

> But her reply suggests it is much worse elsewhere. I would like to know

> what would have happened (and surely must have happened) elsewhere in

> Canada in a similar case. Have such cases always been settled by

lawsuits?

> David

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>







From forgie at uleth.ca Mon Nov 24 16:01:28 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Mon Nov 24 16:02:33 2008

Subject: [CAFR-L] WCB

In-Reply-To:

References:





Message-ID:



There is always room on the hill. And I figure if your light

fixtures haven't been checked and replaced you shouldn't hang out by

yourself down there. You can bring the firewood. ;-)

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 23-Nov-08, at 8:56 PM, Mueller, Richard wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> All,

>

> I agree with Margaret, we do need a meeting if there's still some

> room on the hill (I want one because I'm lonely, but that's a

> different issue).

>

> While watching the Grey Cup this afternoon, I did a little surfing

> on the web and couldn't find another jurisdiction (outside of

> Alberta) that deemed university students to be employees. Some

> things I did find were that some universities did have insurance

> policies to protect students from injuries (on campus or off if on

> university-related activities). Also, I couldn't find any cases of

> universities being sued for damages caused by injuries. That said,

> if other universities operate under the same veil of secrecy

> regarding such matters as our beloved institution, it isn't

> suprising that I found very nothing. I did find info about lawsuits

> against universities that were either (1) deemed frivilous, or (2)

> won by the university. I believe Andrea had some info on a legal

> website, so I suspect a search of this or a related site might find

> some info on students who have sued their institutions for damages

> related to personal injuries sustained on campus. If so, I would

> assume that the individuals in these cases wouldn't have been

> covered by provincial WCB legislation.

>

> My 2 cents.

>

> Rick

>

> From: cafr-l-bounces@uleth.ca on behalf of Margaret Forgie

> Sent: Sun 23/11/2008 2:48 PM

> To: cafr-l, MailList

> Subject: Re: [CAFR-L] WCB

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Once again, David makes a good point. We need numbers and cases and

> realistic scenarios for current and future students, the public, and

> our children. Perhaps all interested parties have to meet in

> person. I know we all loathe a meeting, but in this case I think it

> necessary to keep us all from floundering in the dark over unshared

> information. Yours, Margaret.

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

> On 23-Nov-08, at 2:42 PM, David Siminovitch wrote:

>

> > Postings to this list are *Publicly Archived.* This is an

> > unmoderated list and posters are solely responsible for the content

> > of their messages.

> >

> > --------------------

> > Without WCB, what exactly are the options for students? What are

> > they elsewhere in Canada? As I pointed out earlier, when I first

> > brought this case to the attention of Laura Lozanski (CAUT Safety

> > Officer), without hesitation, she saw WCB coverage for students as

> > a positive. I don't by any means wish to make the case this

> > coverage is always just or fair. But her reply suggests it is much

> > worse elsewhere. I would like to know what would have happened (and

> > surely must have happened) elsewhere in Canada in a similar case.

> > Have such cases always been settled by lawsuits?

> > David

> >

> > _______________________________________________

> > cafr-l mailing list

> > cafr-l@uleth.ca

> > http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From forgie at uleth.ca Mon Nov 24 17:47:35 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Mon Nov 24 17:47:47 2008

Subject: [CAFR-L] Fwd: [faculty-l] Chamber & LPS Alert

References:

Message-ID:



Well calling from my cell phone produces one of two responses... You

are not calling from your cell phone??? or you cannot reach the

number from your area code. I guess I'll try the internet? Unless

of course I've suddenly mistaken my cell phone for a piece of toast? M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)

Begin forwarded message:



?

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From vokey at uleth.ca Mon Nov 24 18:03:27 2008

From: vokey at uleth.ca (John Vokey)

Date: Mon Nov 24 18:03:29 2008

Subject: [CAFR-L] Fwd: [faculty-l] Chamber & LPS Alert

In-Reply-To:

References:



Message-ID:



Internet worked for me; took less than 20 seconds.



On 24-Nov-08, at 5:47 PM, Margaret Forgie wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Well calling from my cell phone produces one of two responses... You

> are not calling from your cell phone??? or you cannot reach the

> number from your area code. I guess I'll try the internet? Unless

> of course I've suddenly mistaken my cell phone for a piece of

> toast? M.

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

> Begin forwarded message:

>

>>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



--

Yep, the dyslexic atheist claims there is no dog, but that is not half

as risky as the dyslexic devil worshiper who sold his soul to Santa ;-)



Dr. John R. Vokey

vokey@uleth.ca









From forgie at uleth.ca Mon Nov 24 18:42:37 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Mon Nov 24 18:42:46 2008

Subject: [CAFR-L] Fwd: [Fwd: Re: is the SU addressing this?]

References:

Message-ID:



Dear Colleagues. This email is from a student that is currently

enrolled in both my Psyc 2110 and Psyc 3525 classes, and thus was

present for two of my in class "presentations" on Monday November

17. She has given me full permission to circulate her correspondence

with you. In fact, I requested that she just give me the facts

rather than to circulate her personal knowledge to me - to you. She

has been very supportive and like me, has nothing to hide. Yes she

is on board, and is an excellent example of what we all wish for

students at a University. Her involvement spans research work in the

CCBN to Athletics; she is a Varsity Pronghorn Athlete on our Track

and Field Team (distance events). Some of you will know who she is by

name, but even if you do not, she represents the vast majority of the

students that responded to my message, just more vocal and involved

than some others. She has opinions on the nature of the ULSU

response, and I direct your specific inquiries to her.



I thank her for coming forward. Read as you will into this. I am

voting for the "hill" party, soon. I think that I can forget my

great shoes; my excellently clad butt is in danger of catching on

fire now. M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4

phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









Begin forwarded message:



> From: Alix Shriner

> Date: November 24, 2008 6:19:46 PM MST (CA)

> To: forgie@uleth.ca

> Subject: [Fwd: Re: is the SU addressing this?]

>

> ---------------------------- Original Message

> ----------------------------

> Subject: Re: is the SU addressing this?

> From: "Adam Vossepoel"

> Date: Mon, November 24, 2008 6:00 pm

> To: "Alix Shriner"

> ----------------------------------------------------------------------

> ----

>

> Good Evening Alix,

>

> As a member of the Board of Governors, as well as the official

> spokesperson for the ULSU, I am obliged to refrain from commenting on

> the legality of the legislation or the University's role in the case.

> The most I can do is bring attention to the situation through the

> conveyance of facts.

>

> Suffice to say, we will be working on this issue, informing people,

> and we are taking it quite seriously.

>

> Sincerely,

>

> Adam

>

> On Mon, Nov 24, 2008 at 3:41 PM, Alix Shriner

> wrote:

>> Hi Adam,

>>

>> Thank you for your attention to this matter. I appreciate you

>> sending me

>> more information on the ruling. However, it still seems like an

>> all too

>> convenient loop hole for University administrators to deny taking

>> responsibility for their students. Who knows, maybe the next

>> student to be

>> hit by a falling light will be you or me? See what I mean? If so,

>> from the

>> WCB ruling, I would not be eligible to make a claim and 50% of my

>> earnings

>> this month would =$0. Scary. And from what I understand, the student

>> denied the WCB claim because it was 50% of her part time job at

>> Walmart.

>> Thus, it is not surprising that she wanted to pursue a tort case.

>>

>> I think this is an issue that is worth addressing provincially and

>> I'm

>> glad to hear that you will be addressing this ruling both locally

>> and with

>> CAUS.

>> Please let me know what actions CAUS will be taking. As well, I

>> think it

>> would be prudent to assure students that you are taking action

>> (maybe via

>> the meliorist?).

>>

>> Thanks again Adam. Good luck with this daunting task.

>>

>> Alix

>>

>>

>>> Good Afternoon Alix,

>>>

>>> I apologize about the delay. I was away from my computer for the

>>> better part of the weekend.

>>>

>>> Unfortunately, there is a lot of misinformation being spread around

>>> regarding this issue, and in my opinion, making it seem more

>>> dangerous

>>> than it actually is. However, that is not to suggest that we are not

>>> taking it seriously. The opposite is true. The provincial

>>> legislation

>>> surrounding this is confusing at best, unconstitutional at worst.

>>>

>>> We at the ULSU are trying to get our bearings about the case, and

>>> will

>>> not take action until we can be certain that that action is in the

>>> best interests of the students at the U of L.

>>>

>>>

>>> To address some of the claims made in the email you received. I will

>>> preface it with 2 stipulations.

>>>

>>> 1. I am not a lawyer, nor have I received any formal legal training.

>>> The information that I am relaying is based solely on the judgments

>>> made in regards to the above case, the Workers Compensation Act of

>>> Alberta, and the Workers Compensation Board website.

>>>

>>> 2. The following information is based on the assumption that

>>> students

>>> are, in fact, legally and rightfully described under the

>>> provisions of

>>> the Workers Compensation Act. This is up for debate, and is at the

>>> crux of this entire%

>>

>>

>

>

>

> --

> Adam Vossepoel

>

> President

>

> University of Lethbridge Students' Union

> 4401 University Drive West

> Lethbridge, Alberta

> T1K 3M4

>

> (403)-329-2221

>

> www.ulsu.ca

>

>



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From vokey at uleth.ca Mon Nov 24 18:56:10 2008

From: vokey at uleth.ca (John Vokey)

Date: Mon Nov 24 18:56:13 2008

Subject: [CAFR-L] Fwd: [Fwd: Re: is the SU addressing this?]

In-Reply-To:

References:



Message-ID:



I think the ULSU's response cuts to the core of our concern here. IS

there a general benefit to students to be considered employees of the

U of L and, hence, under WCB legislation? If so, what is it? And

then we need it explained why it failed the poor student at the centre

of this concern.





On 24-Nov-08, at 6:42 PM, Margaret Forgie wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Dear Colleagues. This email is from a student that is currently

> enrolled in both my Psyc 2110 and Psyc 3525 classes, and thus was

> present for two of my in class "presentations" on Monday November

> 17. She has given me full permission to circulate her

> correspondence with you. In fact, I requested that she just give me

> the facts rather than to circulate her personal knowledge to me - to

> you. She has been very supportive and like me, has nothing to

> hide. Yes she is on board, and is an excellent example of what we

> all wish for students at a University. Her involvement spans

> research work in the CCBN to Athletics; she is a Varsity Pronghorn

> Athlete on our Track and Field Team (distance events). Some of you

> will know who she is by name, but even if you do not, she represents

> the vast majority of the students that responded to my message, just

> more vocal and involved than some others. She has opinions on the

> nature of the ULSU response, and I direct your specific inquiries to

> her.

>

> I thank her for coming forward. Read as you will into this. I am

> voting for the "hill" party, soon. I think that I can forget my

> great shoes; my excellently clad butt is in danger of catching on

> fire now. M.

> _______________________

>

> Margaret L. Forgie, Ph.D.

> Academic Assistant/Lecturer

> Department of Psychology

> Uhall - D850

> The University of Lethbridge

> 4401 University Drive

> Lethbridge, AB, Canada

> T1K 3M4

>

> phone: 403-329-2437

> department: 403-329-2235

> fax: 403-329-2555

> email: forgie@uleth.ca (preferred contact)

>

>

>

>

>

>

> Begin forwarded message:

>

>> From: Alix Shriner

>> Date: November 24, 2008 6:19:46 PM MST (CA)

>> To: forgie@uleth.ca

>> Subject: [Fwd: Re: is the SU addressing this?]

>>

>> ---------------------------- Original Message

>> ----------------------------

>> Subject: Re: is the SU addressing this?

>> From: "Adam Vossepoel"

>> Date: Mon, November 24, 2008 6:00 pm

>> To: "Alix Shriner"

>> ----------------------------------------------------------------------

----

>>

>> Good Evening Alix,

>>

>> As a member of the Board of Governors, as well as the official

>> spokesperson for the ULSU, I am obliged to refrain from commenting

>> on

>> the legality of the legislation or the University's role in the case.

>> The most I can do is bring attention to the situation through the

>> conveyance of facts.

>>

>> Suffice to say, we will be working on this issue, informing people,

>> and we are taking it quite seriously.

>>

>> Sincerely,

>>

>> Adam

>>

>> On Mon, Nov 24, 2008 at 3:41 PM, Alix Shriner

>> wrote:

>>> Hi Adam,

>>>

>>> Thank you for your attention to this matter. I appreciate you

>>> sending me

>>> more information on the ruling. However, it still seems like an

>>> all too

>>> convenient loop hole for University administrators to deny taking

>>> responsibility for their students. Who knows, maybe the next

>>> student to be

>>> hit by a falling light will be you or me? See what I mean? If so,

>>> from the

>>> WCB ruling, I would not be eligible to make a claim and 50% of my

>>> earnings

>>> this month would =$0. Scary. And from what I understand, the student

>>> denied the WCB claim because it was 50% of her part time job at

>>> Walmart.

>>> Thus, it is not surprising that she wanted to pursue a tort case.

>>>

>>> I think this is an issue that is worth addressing provincially and

>>> I'm

>>> glad to hear that you will be addressing this ruling both locally

>>> and with

>>> CAUS.

>>> Please let me know what actions CAUS will be taking. As well, I

>>> think it

>>> would be prudent to assure students that you are taking action

>>> (maybe via

>>> the meliorist?).

>>>

>>> Thanks again Adam. Good luck with this daunting task.

>>>

>>> Alix

>>>

>>>

>>>> Good Afternoon Alix,

>>>>

>>>> I apologize about the delay. I was away from my computer for the

>>>> better part of the weekend.

>>>>

>>>> Unfortunately, there is a lot of misinformation being spread around

>>>> regarding this issue, and in my opinion, making it seem more

>>>> dangerous

>>>> than it actually is. However, that is not to suggest that we are

>>>> not

>>>> taking it seriously. The opposite is true. The provincial

>>>> legislation

>>>> surrounding this is confusing at best, unconstitutional at worst.

>>>>

>>>> We at the ULSU are trying to get our bearings about the case, and

>>>> will

>>>> not take action until we can be certain that that action is in the

>>>> best interests of the students at the U of L.

>>>>

>>>>

>>>> To address some of the claims made in the email you received. I

>>>> will

>>>> preface it with 2 stipulations.

>>>>

>>>> 1. I am not a lawyer, nor have I received any formal legal

>>>> training.

>>>> The information that I am relaying is based solely on the judgments

>>>> made in regards to the above case, the Workers Compensation Act of

>>>> Alberta, and the Workers Compensation Board website.

>>>>

>>>> 2. The following information is based on the assumption that

>>>> students

>>>> are, in fact, legally and rightfully described under the

>>>> provisions of

>>>> the Workers Compensation Act. This is up for debate, and is at the

>>>> crux of this entire%

>>>

>>>

>>

>>

>>

>> --

>> Adam Vossepoel

>>

>> President

>>

>> University of Lethbridge Students' Union

>> 4401 University Drive West

>> Lethbridge, Alberta

>> T1K 3M4

>>

>> (403)-329-2221

>>

>> www.ulsu.ca

>>

>>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



--

Yep, the dyslexic atheist claims there is no dog, but that is not half

as risky as the dyslexic devil worshiper who sold his soul to Santa ;-)



Dr. John R. Vokey

vokey@uleth.ca









From richard.mueller at uleth.ca Mon Nov 24 19:09:13 2008

From: richard.mueller at uleth.ca (Mueller, Richard)

Date: Mon Nov 24 19:10:54 2008

Subject: [CAFR-L] Fwd: [faculty-l] Chamber & LPS Alert

References:



Message-ID:



Margaret and others,



My impression of this message was that it was very poorly worded. The

info at the bottom with the website and the telephone numbers were the

ones that SHOULD NOT BE CONTACTED, lest the problems in the preamble be

experienced. This is how I read it.



Best,



Rick



________________________________



From: cafr-l-bounces@uleth.ca on behalf of Margaret Forgie

Sent: Mon 24/11/2008 5:47 PM

To: cafr-l, MailList; ldskeptics-l, MailList

Subject: [CAFR-L] Fwd: [faculty-l] Chamber & LPS Alert







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From forgie at uleth.ca Mon Nov 24 19:14:03 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Mon Nov 24 19:14:11 2008

Subject: [CAFR-L] Fwd: [faculty-l] Chamber & LPS Alert

In-Reply-To:

References:





Message-ID:



Yes our guru of the computer (John V) finally found the link that

works on the internet. Indeed after trying for awhile... It worked

when John did it? Is that Prophetic? M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 24-Nov-08, at 7:09 PM, Mueller, Richard wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Margaret and others,

>

> My impression of this message was that it was very poorly worded.

> The info at the bottom with the website and the telephone numbers

> were the ones that SHOULD NOT BE CONTACTED, lest the problems in

> the preamble be experienced. This is how I read it.

>

> Best,

>

> Rick

>

> From: cafr-l-bounces@uleth.ca on behalf of Margaret Forgie

> Sent: Mon 24/11/2008 5:47 PM

> To: cafr-l, MailList; ldskeptics-l, MailList

> Subject: [CAFR-L] Fwd: [faculty-l] Chamber & LPS Alert

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From forgie at uleth.ca Mon Nov 24 19:20:30 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Mon Nov 24 19:20:38 2008

Subject: [CAFR-L] a note on previous from alix

Message-ID:



FYI

"I noticed that a bit of Adam's response was clipped off. . . I think

the U

webmail does that when the thread gets too long."





_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









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From dan.johnson at uleth.ca Mon Nov 24 20:41:04 2008

From: dan.johnson at uleth.ca (Dan Johnson)

Date: Mon Nov 24 20:41:06 2008

Subject: [CAFR-L] Fwd: [Fwd: Re: is the SU addressing this?]

In-Reply-To:

References:





Message-ID:



Actually, I think the police are saying that the scam is that part below

that is asking you to call that number. This police announcement is a

good demonstration of how useful a writing and communication course

would be for the police.









John Vokey wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

> messages.

>

> --------------------

> I think the ULSU's response cuts to the core of our concern here. IS

> there a general benefit to students to be considered employees of the

> U of L and, hence, under WCB legislation? If so, what is it? And

> then we need it explained why it failed the poor student at the centre

> of this concern.

>

>

> On 24-Nov-08, at 6:42 PM, Margaret Forgie wrote:

>

>> Postings to this list are *Publicly Archived.* This is an unmoderated

>> list and posters are solely responsible for the content of their

>> messages.

>>

>> --------------------

>> Dear Colleagues. This email is from a student that is currently

>> enrolled in both my Psyc 2110 and Psyc 3525 classes, and thus was

>> present for two of my in class "presentations" on Monday November

>> 17. She has given me full permission to circulate her correspondence

>> with you. In fact, I requested that she just give me the facts

>> rather than to circulate her personal knowledge to me - to you. She

>> has been very supportive and like me, has nothing to hide. Yes she

>> is on board, and is an excellent example of what we all wish for

>> students at a University. Her involvement spans research work in the

>> CCBN to Athletics; she is a Varsity Pronghorn Athlete on our Track

>> and Field Team (distance events). Some of you will know who she is by

>> name, but even if you do not, she represents the vast majority of the

>> students that responded to my message, just more vocal and involved

>> than some others. She has opinions on the nature of the ULSU

>> response, and I direct your specific inquiries to her.

>>

>> I thank her for coming forward. Read as you will into this. I am

>> voting for the "hill" party, soon. I think that I can forget my

>> great shoes; my excellently clad butt is in danger of catching on

>> fire now. M.

>> _______________________

>>

>> Margaret L. Forgie, Ph.D.

>> Academic Assistant/Lecturer

>> Department of Psychology

>> Uhall - D850

>> The University of Lethbridge

>> 4401 University Drive

>> Lethbridge, AB, Canada

>> T1K 3M4

>>

>> phone: 403-329-2437

>> department: 403-329-2235

>> fax: 403-329-2555

>> email: forgie@uleth.ca (preferred contact)

>>

>>

>>

>>

>>

>>

>> Begin forwarded message:

>>

>>> From: Alix Shriner

>>> Date: November 24, 2008 6:19:46 PM MST (CA)

>>> To: forgie@uleth.ca

>>> Subject: [Fwd: Re: is the SU addressing this?]

>>>

>>> ---------------------------- Original Message

>>> ----------------------------

>>> Subject: Re: is the SU addressing this?

>>> From: "Adam Vossepoel"

>>> Date: Mon, November 24, 2008 6:00 pm

>>> To: "Alix Shriner"

>>> ---------------------------------------------------------------------

-----

>>>

>>>

>>> Good Evening Alix,

>>>

>>> As a member of the Board of Governors, as well as the official

>>> spokesperson for the ULSU, I am obliged to refrain from commenting

on

>>> the legality of the legislation or the University's role in the case.

>>> The most I can do is bring attention to the situation through the

>>> conveyance of facts.

>>>

>>> Suffice to say, we will be working on this issue, informing people,

>>> and we are taking it quite seriously.

>>>

>>> Sincerely,

>>>

>>> Adam

>>>

>>> On Mon, Nov 24, 2008 at 3:41 PM, Alix Shriner

>>> wrote:

>>>> Hi Adam,

>>>>

>>>> Thank you for your attention to this matter. I appreciate you

>>>> sending me

>>>> more information on the ruling. However, it still seems like an all

>>>> too

>>>> convenient loop hole for University administrators to deny taking

>>>> responsibility for their students. Who knows, maybe the next

>>>> student to be

>>>> hit by a falling light will be you or me? See what I mean? If so,

>>>> from the

>>>> WCB ruling, I would not be eligible to make a claim and 50% of my

>>>> earnings

>>>> this month would =$0. Scary. And from what I understand, the student

>>>> denied the WCB claim because it was 50% of her part time job at

>>>> Walmart.

>>>> Thus, it is not surprising that she wanted to pursue a tort case.

>>>>

>>>> I think this is an issue that is worth addressing provincially and

I'm

>>>> glad to hear that you will be addressing this ruling both locally

>>>> and with

>>>> CAUS.

>>>> Please let me know what actions CAUS will be taking. As well, I

>>>> think it

>>>> would be prudent to assure students that you are taking action

>>>> (maybe via

>>>> the meliorist?).

>>>>

>>>> Thanks again Adam. Good luck with this daunting task.

>>>>

>>>> Alix

>>>>

>>>>

>>>>> Good Afternoon Alix,

>>>>>

>>>>> I apologize about the delay. I was away from my computer for the

>>>>> better part of the weekend.

>>>>>

>>>>> Unfortunately, there is a lot of misinformation being spread around

>>>>> regarding this issue, and in my opinion, making it seem more

>>>>> dangerous

>>>>> than it actually is. However, that is not to suggest that we are

not

>>>>> taking it seriously. The opposite is true. The provincial

legislation

>>>>> surrounding this is confusing at best, unconstitutional at worst.

>>>>>

>>>>> We at the ULSU are trying to get our bearings about the case, and

>>>>> will

>>>>> not take action until we can be certain that that action is in the

>>>>> best interests of the students at the U of L.

>>>>>

>>>>>

>>>>> To address some of the claims made in the email you received. I

will

>>>>> preface it with 2 stipulations.

>>>>>

>>>>> 1. I am not a lawyer, nor have I received any formal legal

training.

>>>>> The information that I am relaying is based solely on the judgments

>>>>> made in regards to the above case, the Workers Compensation Act of

>>>>> Alberta, and the Workers Compensation Board website.

>>>>>

>>>>> 2. The following information is based on the assumption that

students

>>>>> are, in fact, legally and rightfully described under the

>>>>> provisions of

>>>>> the Workers Compensation Act. This is up for debate, and is at the

>>>>> crux of this entire%

>>>>

>>>>

>>>

>>>

>>>

>>> --

>>> Adam Vossepoel

>>>

>>> President

>>>

>>> University of Lethbridge Students' Union

>>> 4401 University Drive West

>>> Lethbridge, Alberta

>>> T1K 3M4

>>>

>>> (403)-329-2221

>>>

>>> www.ulsu.ca

>>>

>>>

>>

>> _______________________________________________

>> cafr-l mailing list

>> cafr-l@uleth.ca

>> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

> --

> Yep, the dyslexic atheist claims there is no dog, but that is not half

> as risky as the dyslexic devil worshiper who sold his soul to Santa ;-)

>

> Dr. John R. Vokey

> vokey@uleth.ca

>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

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From richard.mueller at uleth.ca Mon Nov 24 20:50:24 2008

From: richard.mueller at uleth.ca (Mueller, Richard)

Date: Mon Nov 24 20:51:04 2008

Subject: [CAFR-L] Fwd: [Fwd: Re: is the SU addressing this?]

References:







Message-ID:



I agree. Very poorly worded. I had to read it two or three times to get

the jist of the message.



Rick



________________________________



From: cafr-l-bounces@uleth.ca on behalf of Dan Johnson

Sent: Mon 24/11/2008 8:41 PM

To: cafr-l, MailList

Subject: Re: [CAFR-L] Fwd: [Fwd: Re: is the SU addressing this?]







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From dan.johnson at uleth.ca Mon Nov 24 21:13:17 2008

From: dan.johnson at uleth.ca (Dan Johnson)

Date: Mon Nov 24 21:13:21 2008

Subject: [CAFR-L] Fwd: [Fwd: Re: is the SU addressing this?]

In-Reply-To:

References:





Message-ID:



Sorry - I just noticed that you said the same thing.





It's very funny, actually.









Mueller, Richard wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

>

> -----------------------------------------------------------------------

-

>

> I agree. Very poorly worded. I had to read it two or three times to

> get the jist of the message.

>

> Rick

>

> -----------------------------------------------------------------------

-

> *From:* cafr-l-bounces@uleth.ca on behalf of Dan Johnson

> *Sent:* Mon 24/11/2008 8:41 PM

> *To:* cafr-l, MailList

> *Subject:* Re: [CAFR-L] Fwd: [Fwd: Re: is the SU addressing this?]

>

> Postings to this list are *Publicly Archived.* This is an unmoderated

> list and posters are solely responsible for the content of their

messages.

>

> --------------------

>

> -----------------------------------------------------------------------

-

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>

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From forgie at uleth.ca Mon Nov 24 21:34:06 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Mon Nov 24 21:35:08 2008

Subject: [CAFR-L] Fwd: is the SU addressing this?

References:

Message-ID:



YOU go girlfriend! :-)

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









Begin forwarded message:



> From: Alix Shriner

> Date: November 24, 2008 9:27:53 PM MST (CA)

> To: "Adam Vossepoel"

> Subject: Re: is the SU addressing this?

>

> Hi again Adam,

>

> I am sure that your role on the Board of Governors is to represent the

> best interests of the student body. I trust that you will do so --

> that's

> why I voted for you! It sounds as though this situation is not one

> that

> favours the students. Am I missing something?

>

> This is a real opportunity for the ULSU to advocate for the

> students and

> I'm relieved to hear that the ULSU is taking it quite seriously --

> and so

> they should. Maybe the ULSU can take a lead role in the CAUS

> discussion.

>

> I did forward your reply to my professor and tomorrow will do so to

> the

> class as well.

>

> Respectfully,

>

> Alix

>

>

>> Good Evening Alix,

>>

>> As a member of the Board of Governors, as well as the official

>> spokesperson for the ULSU, I am obliged to refrain from

>> commenting on

>> the legality of the legislation or the University's role in the case.

>> The most I can do is bring attention to the situation through the

>> conveyance of facts.

>>

>> Suffice to say, we will be working on this issue, informing people,

>> and we are taking it quite seriously.

>>

>> Sincerely,

>>

>> Adam

>>

>> On Mon, Nov 24, 2008 at 3:41 PM, Alix Shriner

>> wrote:

>>> Hi Adam,

>>>

>>> Thank you for your attention to this matter. I appreciate you

>>> sending me

>>> more information on the ruling. However, it still seems like an

>>> all too

>>> convenient loop hole for University administrators to deny taking

>>> responsibility for their students. Who knows, maybe the next

>>> student to

>>> be

>>> hit by a falling light will be you or me? See what I mean? If so,

>>> from

>>> the

>>> WCB ruling, I would not be eligible to make a claim and 50% of my

>>> earnings

>>> this month would =$0. Scary. And from what I understand, the student

>>> denied the WCB claim because it was 50% of her part time job at

>>> Walmart.

>>> Thus, it is not surprising that she wanted to pursue a tort case.

>>>

>>> I think this is an issue that is worth addressing provincially

>>> and I'm

>>> glad to hear that you will be addressing this ruling both locally

>>> and

>>> with

>>> CAUS.

>>> Please let me know what actions CAUS will be taking. As well, I

>>> think it

>>> would be prudent to assure students that you are taking action

>>> (maybe

>>> via

>>> the meliorist?).

>>>

>>> Thanks again Adam. Good luck with this daunting task.

>>>

>>> Alix

>>>

>>>

>>>> Good Afternoon Alix,

>>>>

>>>> I apologize about the delay. I was away from my computer for the

>>>> better part of the weekend.

>>>>

>>>> Unfortunately, there is a lot of misinformation being spread around

>>>> regarding this issue, and in my opinion, making it seem more

>>>> dangerous

>>>> than it actually is. However, that is not to suggest that we are

>>>> not

>>>> taking it seriously. The opposite is true. The provincial

>>>> legislation

>>>> surrounding this is confusing at best, unconstitutional at worst.

>>>>

>>>> We at the ULSU are trying to get our bearings about the case,

>>>> and will

>>>> not take action until we can be certain that that action is in the

>>>> best interests of the students at the U of L.

>>>>

>>>>

>>>> To address some of the claims made in the email you received. I

>>>> will

>>>> preface it with 2 stipulations.

>>>>

>>>> 1. I am not a lawyer, nor have I received any formal legal

>>>> training.

>>>> The information that I am relaying is based solely on the judgments

>>>> made in regards to the above case, the Workers Compensation Act of

>>>> Alberta, and the Workers Compensation Board website.

>>>>

>>>> 2. The following information is based on the assumption that

>>>> students

>>>> are, in fact, legally and rightfully described under the

>>>> provisions of

>>>> the Workers Compensation Act. This is up for debate, and is at the

>>>> crux of this entire%

>>>

>>>

>>

>>

>>

>> --

>> Adam Vossepoel

>>

>> President

>>

>> University of Lethbridge Students' Union

>> 4401 University Drive West

>> Lethbridge, Alberta

>> T1K 3M4

>>

>> (403)-329-2221

>>

>> www.ulsu.ca

>>

>

>



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From daniel.odonnell at uleth.ca Tue Nov 25 16:53:31 2008

From: daniel.odonnell at uleth.ca (Daniel O'Donnell)

Date: Tue Nov 25 16:53:42 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

Message-ID:



Hi all,



My father once pointed out to me that students have been getting worse

since writing ruined Socrates, so I normally don't take much stock in

even my own complaints about student quality. But I am dealing with some

first years this year whose skills are so poor that I wonder if they are

coming from a different student pool than usual.



I've not taught first year in almost three years, so it could also just

be me or some kind of societal change (Facebook, for example, is only 5

years old and the Wikipedia a little older). But I do know that the

entrance GPA to Education for our majors crashed last year from

somewhere in the high 3s to somewhere, I understand now, in the mid 2s.



Seven or eight years ago we also had a couple of bad sets of first year

students. At that time the University had indeed lowered its entrance

grade temporarily. Then either the students got better again or I got

used to it. This led me to the conclusion that the line that separated

those who were and were not ready for university must lie more or less

exactly at our "standard" acceptance grade.



So does anybody know if this was lowered this past recruiting season? Or

is the problem just some combination of me getting old and cranky,

society going to hell in a hand basket, the Internet, Pop Music, and new

fangled styles of dancing?



In other words, before I go all King Alfred and start rewriting

curricula to deal with the new reality (look up the reference in the

Wikipedia ;)), I'd like to know if this is the result of a temporary

circumstance!

--

Daniel Paul O'Donnell, PhD

Associate Professor of English

Director, Digital Medievalist Project http://www.digitalmedievalist.org/

Chair, Text Encoding Initiative http://www.tei-c.org/



Department of English

University of Lethbridge

Lethbridge AB T1K 3M4

Vox +1 403 329-2377

Fax +1 403 382-7191

Email: daniel.odonnell@uleth.ca

WWW: http://people.uleth.ca/~daniel.odonnell/





From forgie at uleth.ca Tue Nov 25 17:05:55 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Tue Nov 25 17:06:00 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

In-Reply-To:

References:

Message-ID:



From my perspective this is a very bad semester for first to third

years. We have had bumps in the past, but first years in my world

can barely understand the English language and fault us for "using

that Professor language on exams". M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)

On 25-Nov-08, at 4:53 PM, Daniel O'Donnell wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> Hi all,

>

> My father once pointed out to me that students have been getting worse

> since writing ruined Socrates, so I normally don't take much stock in

> even my own complaints about student quality. But I am dealing with

> some

> first years this year whose skills are so poor that I wonder if

> they are

> coming from a different student pool than usual.

>

> I've not taught first year in almost three years, so it could also

> just

> be me or some kind of societal change (Facebook, for example, is

> only 5

> years old and the Wikipedia a little older). But I do know that the

> entrance GPA to Education for our majors crashed last year from

> somewhere in the high 3s to somewhere, I understand now, in the mid

> 2s.

>

> Seven or eight years ago we also had a couple of bad sets of first

> year

> students. At that time the University had indeed lowered its entrance

> grade temporarily. Then either the students got better again or I got

> used to it. This led me to the conclusion that the line that separated

> those who were and were not ready for university must lie more or less

> exactly at our "standard" acceptance grade.

>

> So does anybody know if this was lowered this past recruiting

> season? Or

> is the problem just some combination of me getting old and cranky,

> society going to hell in a hand basket, the Internet, Pop Music,

> and new

> fangled styles of dancing?

>

> In other words, before I go all King Alfred and start rewriting

> curricula to deal with the new reality (look up the reference in the

> Wikipedia ;)), I'd like to know if this is the result of a temporary

> circumstance!

> --

> Daniel Paul O'Donnell, PhD

> Associate Professor of English

> Director, Digital Medievalist Project http://

> www.digitalmedievalist.org/

> Chair, Text Encoding Initiative http://www.tei-c.org/

>

> Department of English

> University of Lethbridge

> Lethbridge AB T1K 3M4

> Vox +1 403 329-2377

> Fax +1 403 382-7191

> Email: daniel.odonnell@uleth.ca

> WWW: http://people.uleth.ca/~daniel.odonnell/

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l





From hawkms at uleth.ca Tue Nov 25 17:04:26 2008

From: hawkms at uleth.ca (Hawkins, Maureen)

Date: Tue Nov 25 17:07:11 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

References:

Message-ID:



Hi,



Last year I taught our first-year class for the first time in 2 or 3

years, & I had the worst first-year class, in terms of both ability and

attitude, I've had since I've been here. I don't teach the course again

until next term, so I can't speak to this year.



Maureen



Maureen S. G. Hawkins

Department of English

University of Lethbridge

4401 University Drive

Lethbridge, Alberta

T1K 3M4

Canada

(403) 328-7961







-----Original Message-----

From: cafr-l-bounces@uleth.ca on behalf of Daniel O'Donnell

Sent: Tue 11/25/2008 4:53 PM

To: cafr-l, MailList

Subject: [CAFR-L] TAN? Have our entrance grades dropped?



Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Hi all,



My father once pointed out to me that students have been getting worse

since writing ruined Socrates, so I normally don't take much stock in

even my own complaints about student quality. But I am dealing with some

first years this year whose skills are so poor that I wonder if they are

coming from a different student pool than usual.



I've not taught first year in almost three years, so it could also just

be me or some kind of societal change (Facebook, for example, is only 5

years old and the Wikipedia a little older). But I do know that the

entrance GPA to Education for our majors crashed last year from

somewhere in the high 3s to somewhere, I understand now, in the mid 2s.



Seven or eight years ago we also had a couple of bad sets of first year

students. At that time the University had indeed lowered its entrance

grade temporarily. Then either the students got better again or I got

used to it. This led me to the conclusion that the line that separated

those who were and were not ready for university must lie more or less

exactly at our "standard" acceptance grade.



So does anybody know if this was lowered this past recruiting season? Or

is the problem just some combination of me getting old and cranky,

society going to hell in a hand basket, the Internet, Pop Music, and new

fangled styles of dancing?



In other words, before I go all King Alfred and start rewriting

curricula to deal with the new reality (look up the reference in the

Wikipedia ;)), I'd like to know if this is the result of a temporary

circumstance!

--

Daniel Paul O'Donnell, PhD

Associate Professor of English

Director, Digital Medievalist Project http://www.digitalmedievalist.org/

Chair, Text Encoding Initiative http://www.tei-c.org/



Department of English

University of Lethbridge

Lethbridge AB T1K 3M4

Vox +1 403 329-2377

Fax +1 403 382-7191

Email: daniel.odonnell@uleth.ca

WWW: http://people.uleth.ca/~daniel.odonnell/





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From andrea.glover at uleth.ca Tue Nov 25 17:10:51 2008

From: andrea.glover at uleth.ca (Glover, Andrea)

Date: Tue Nov 25 17:10:53 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

References:

Message-ID:



If I want to understand the speak of today I just go to this fine

reference source and poof! all is explained. If you're easily offended by

invectives don't you dare click on the hyperlink below:



http://www.urbandictionary.com/



Hey - it's all about "thumb strength"



I'm tired of presponses, requestions, social plagiarism but I think it's

due to my destinesia and occasional word vomit.



Andrea



Andrea Glover



Librarian to the Best & the Brightest

Information Services/Collection Development Librarian

Library Science 0500 Instructor for the Native Transition Program

Subject Librarian for Economics, Kinesiology & Physical Education, Native

American Studies, Political Science and Psychology



University of Lethbridge Library

4401-University Drive

Lethbridge, AB T1K 3M4

1-403-329-2390 andrea.glover@uleth.ca



"Humor is a reminder that no matter how high the throne one sits on, one

sits on one's bottom."





~Taki







________________________________



From: cafr-l-bounces@uleth.ca on behalf of Daniel O'Donnell

Sent: Tue 11/25/2008 4:53 PM

To: cafr-l, MailList

Subject: [CAFR-L] TAN? Have our entrance grades dropped?







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------

Hi all,

My father once pointed out to me that students have been getting worse

since writing ruined Socrates, so I normally don't take much stock in

even my own complaints about student quality. But I am dealing with some

first years this year whose skills are so poor that I wonder if they are

coming from a different student pool than usual.



I've not taught first year in almost three years, so it could also just

be me or some kind of societal change (Facebook, for example, is only 5

years old and the Wikipedia a little older). But I do know that the

entrance GPA to Education for our majors crashed last year from

somewhere in the high 3s to somewhere, I understand now, in the mid 2s.



Seven or eight years ago we also had a couple of bad sets of first year

students. At that time the University had indeed lowered its entrance

grade temporarily. Then either the students got better again or I got

used to it. This led me to the conclusion that the line that separated

those who were and were not ready for university must lie more or less

exactly at our "standard" acceptance grade.



So does anybody know if this was lowered this past recruiting season? Or

is the problem just some combination of me getting old and cranky,

society going to hell in a hand basket, the Internet, Pop Music, and new

fangled styles of dancing?



In other words, before I go all King Alfred and start rewriting

curricula to deal with the new reality (look up the reference in the

Wikipedia ;)), I'd like to know if this is the result of a temporary

circumstance!

--

Daniel Paul O'Donnell, PhD

Associate Professor of English

Director, Digital Medievalist Project http://www.digitalmedievalist.org/

Chair, Text Encoding Initiative http://www.tei-c.org/



Department of English

University of Lethbridge

Lethbridge AB T1K 3M4

Vox +1 403 329-2377

Fax +1 403 382-7191

Email: daniel.odonnell@uleth.ca

WWW: http://people.uleth.ca/~daniel.odonnell/





_______________________________________________

cafr-l mailing list

cafr-l@uleth.ca

http://listserv.uleth.ca/mailman/listinfo/cafr-l





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From inge.genee at uleth.ca Tue Nov 25 18:38:19 2008

From: inge.genee at uleth.ca (Inge Genee)

Date: Tue Nov 25 18:38:27 2008

Subject: [CAFR-L] Re: cafr-l Digest, Vol 9, Issue 32

In-Reply-To:

References:

Message-ID:



I have some figures to back this up: the average grade on the midterm in

my ling2300 class is always between 75 and 76, on the exact same set of

questions now for the past 5 years. This year it was just short of 72,

and I have never had so many questions where I had not choice but to

give 0 marks, no matter how hard I tried to find some kind of partial

mark in what they wrote. So I agree that there is this trend, or at

least a marked difference from previous years.

Inge

>

> Hi all,

>

> My father once pointed out to me that students have been getting worse

> since writing ruined Socrates, so I normally don't take much stock in

> even my own complaints about student quality. But I am dealing with

some

> first years this year whose skills are so poor that I wonder if they

are

> coming from a different student pool than usual.

>

> I've not taught first year in almost three years, so it could also just

> be me or some kind of societal change (Facebook, for example, is only 5

> years old and the Wikipedia a little older). But I do know that the

> entrance GPA to Education for our majors crashed last year from

> somewhere in the high 3s to somewhere, I understand now, in the mid 2s.

>

> Seven or eight years ago we also had a couple of bad sets of first year

> students. At that time the University had indeed lowered its entrance

> grade temporarily. Then either the students got better again or I got

> used to it. This led me to the conclusion that the line that separated

> those who were and were not ready for university must lie more or less

> exactly at our "standard" acceptance grade.

>

> So does anybody know if this was lowered this past recruiting season?

Or

> is the problem just some combination of me getting old and cranky,

> society going to hell in a hand basket, the Internet, Pop Music, and

new

> fangled styles of dancing?

>

> In other words, before I go all King Alfred and start rewriting

> curricula to deal with the new reality (look up the reference in the

> Wikipedia ;)), I'd like to know if this is the result of a temporary

> circumstance!

>

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From richard.mueller at uleth.ca Tue Nov 25 19:28:10 2008

From: richard.mueller at uleth.ca (Mueller, Richard)

Date: Tue Nov 25 19:28:13 2008

Subject: [CAFR-L] Re: cafr-l Digest, Vol 9, Issue 32

References:



Message-ID:



The university publishes an annual factbook (or, as it is officially

titled, a facts book). Included are stats on the average entering marks

of high school students. While the most recent data only included up to

fall 2007, there really hasn't been much change in the average entering

grade over the previous 5 years. These averages, of course, say nothing

about the distribution of these marks. I am finding a greater dispersion

in student quality this year compared to the past.



You can check out the "Facts Book" yourself at

http://www.uleth.ca/analysis/book/FactBooks/07-

08/attrib/115_attrib_fall_avg_entry_grades.pdf



Rick







________________________________



From: cafr-l-bounces@uleth.ca on behalf of Inge Genee

Sent: Tue 25/11/2008 6:38 PM

To: cafr-l, MailList

Subject: [CAFR-L] Re: cafr-l Digest, Vol 9, Issue 32







Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.



--------------------



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From forgie at uleth.ca Wed Nov 26 00:00:08 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Wed Nov 26 00:00:18 2008

Subject: [CAFR-L] Re: cafr-l Digest, Vol 9, Issue 32

In-Reply-To:

References:





Message-ID:



Richard and others. Many of my "first year students" are not just

out of high school so those stats don't really apply. What about

students that are returning to the U, or the first year students that

take my classes for a GLER, or a requirement, and are in their fourth

or fifth year of another program (most notably, Management and other

Business related degrees). Entering marks of high school students

does not capture the "first year" population at the U. :-) M

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 25-Nov-08, at 7:28 PM, Mueller, Richard wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> The university publishes an annual factbook (or, as it is

> officially titled, a facts book). Included are stats on the average

> entering marks of high school students. While the most recent data

> only included up to fall 2007, there really hasn't been much change

> in the average entering grade over the previous 5 years. These

> averages, of course, say nothing about the distribution of these

> marks. I am finding a greater dispersion in student quality this

> year compared to the past.

>

> You can check out the "Facts Book" yourself at

> http://www.uleth.ca/analysis/book/FactBooks/07-08/attrib/

> 115_attrib_fall_avg_entry_grades.pdf

>

> Rick

>

>

>

> From: cafr-l-bounces@uleth.ca on behalf of Inge Genee

> Sent: Tue 25/11/2008 6:38 PM

> To: cafr-l, MailList

> Subject: [CAFR-L] Re: cafr-l Digest, Vol 9, Issue 32

>

> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From dan.johnson at uleth.ca Thu Nov 27 10:12:07 2008

From: dan.johnson at uleth.ca (Dan Johnson)

Date: Thu Nov 27 10:12:08 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

In-Reply-To:

References:

Message-ID:





"...look up the reference in the Wikipedia..."







I think I see the problem.









Daniel O'Donnell wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

> Hi all,

>

> My father once pointed out to me that students have been getting worse

> since writing ruined Socrates, so I normally don't take much stock in

> even my own complaints about student quality. But I am dealing with

some

> first years this year whose skills are so poor that I wonder if they

are

> coming from a different student pool than usual.

>

> I've not taught first year in almost three years, so it could also just

> be me or some kind of societal change (Facebook, for example, is only 5

> years old and the Wikipedia a little older). But I do know that the

> entrance GPA to Education for our majors crashed last year from

> somewhere in the high 3s to somewhere, I understand now, in the mid 2s.

>

> Seven or eight years ago we also had a couple of bad sets of first year

> students. At that time the University had indeed lowered its entrance

> grade temporarily. Then either the students got better again or I got

> used to it. This led me to the conclusion that the line that separated

> those who were and were not ready for university must lie more or less

> exactly at our "standard" acceptance grade.

>

> So does anybody know if this was lowered this past recruiting season?

Or

> is the problem just some combination of me getting old and cranky,

> society going to hell in a hand basket, the Internet, Pop Music, and

new

> fangled styles of dancing?

>

> In other words, before I go all King Alfred and start rewriting

> curricula to deal with the new reality (look up the reference in the

> Wikipedia ;)), I'd like to know if this is the result of a temporary

> circumstance!

>

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From daniel.odonnell at uleth.ca Thu Nov 27 15:22:15 2008

From: daniel.odonnell at uleth.ca (O'Donnell, Dan)

Date: Thu Nov 27 15:23:29 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

References:



Message-ID:



As the primary author of a featured article in the Wikipedia, I can't

complain about it ;)



-dan



Daniel Paul O'Donnell, PhD

Associate Professor,

Department of English,

University of Lethbridge

Lethbridge AB T1K 3M4

Canada



Chair, Text Encoding Initiative (http://www.tei-c.org/)

Director, Digital Medievalist Project

(http://www.digitalmedievalist.org/)







-----Original Message-----

From: Dan Johnson [mailto:dan.johnson@uleth.ca]

Sent: Thu 2008-11-27 10:12

To: O'Donnell, Dan; cafr-l, MailList

Subject: Re: [CAFR-L] TAN? Have our entrance grades dropped?





"...look up the reference in the Wikipedia..."







I think I see the problem.









Daniel O'Donnell wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

> Hi all,

>

> My father once pointed out to me that students have been getting worse

> since writing ruined Socrates, so I normally don't take much stock in

> even my own complaints about student quality. But I am dealing with

some

> first years this year whose skills are so poor that I wonder if they

are

> coming from a different student pool than usual.

>

> I've not taught first year in almost three years, so it could also just

> be me or some kind of societal change (Facebook, for example, is only 5

> years old and the Wikipedia a little older). But I do know that the

> entrance GPA to Education for our majors crashed last year from

> somewhere in the high 3s to somewhere, I understand now, in the mid 2s.

>

> Seven or eight years ago we also had a couple of bad sets of first year

> students. At that time the University had indeed lowered its entrance

> grade temporarily. Then either the students got better again or I got

> used to it. This led me to the conclusion that the line that separated

> those who were and were not ready for university must lie more or less

> exactly at our "standard" acceptance grade.

>

> So does anybody know if this was lowered this past recruiting season?

Or

> is the problem just some combination of me getting old and cranky,

> society going to hell in a hand basket, the Internet, Pop Music, and

new

> fangled styles of dancing?

>

> In other words, before I go all King Alfred and start rewriting

> curricula to deal with the new reality (look up the reference in the

> Wikipedia ;)), I'd like to know if this is the result of a temporary

> circumstance!

>



-------------- next part --------------

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From dan.johnson at uleth.ca Thu Nov 27 15:38:31 2008

From: dan.johnson at uleth.ca (Dan Johnson)

Date: Thu Nov 27 15:38:32 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

In-Reply-To:

References:





Message-ID:



Plus several are even about Dan O'Donnell.



*Daniel* or *Danny O'Donnell* may refer to



* Daniel O'Donnell (politician)

,

American legislator from the state of New York.

* Daniel O'Donnell (singer)

,

Irish musician.

* Danny O'Donnell ,

English footballer.







At least it's not "Johnson". Half of Minnesota would be there.



I have my questionable place in Wikipedia:



http://en.wikipedia.org/wiki/Timothy_F._Ball









O'Donnell, Dan wrote:

>

> As the primary author of a featured article in the Wikipedia, I can't

> complain about it ;)

>

> -dan

>

> Daniel Paul O'Donnell, PhD

> Associate Professor,

> Department of English,

> University of Lethbridge

> Lethbridge AB T1K 3M4

> Canada

>

> Chair, Text Encoding Initiative (http://www.tei-c.org/)

> Director, Digital Medievalist Project

> (http://www.digitalmedievalist.org/)

>

>

>

> -----Original Message-----

> From: Dan Johnson [mailto:dan.johnson@uleth.ca]

> Sent: Thu 2008-11-27 10:12

> To: O'Donnell, Dan; cafr-l, MailList

> Subject: Re: [CAFR-L] TAN? Have our entrance grades dropped?

>

>

> "...look up the reference in the Wikipedia..."

>

>

>

> I think I see the problem.

>

>

>

>

>

> Daniel O'Donnell wrote:

> > Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content of

> their messages.

>

> >

> > --------------------

> > Hi all,

> >

> > My father once pointed out to me that students have been getting

worse

> > since writing ruined Socrates, so I normally don't take much stock in

> > even my own complaints about student quality. But I am dealing with

> some

> > first years this year whose skills are so poor that I wonder if they

> are

> > coming from a different student pool than usual.

> >

> > I've not taught first year in almost three years, so it could also

just

> > be me or some kind of societal change (Facebook, for example, is only

5

> > years old and the Wikipedia a little older). But I do know that the

> > entrance GPA to Education for our majors crashed last year from

> > somewhere in the high 3s to somewhere, I understand now, in the mid

2s.

> >

> > Seven or eight years ago we also had a couple of bad sets of first

year

> > students. At that time the University had indeed lowered its entrance

> > grade temporarily. Then either the students got better again or I got

> > used to it. This led me to the conclusion that the line that

separated

> > those who were and were not ready for university must lie more or

less

> > exactly at our "standard" acceptance grade.

> >

> > So does anybody know if this was lowered this past recruiting

> season? Or

> > is the problem just some combination of me getting old and cranky,

> > society going to hell in a hand basket, the Internet, Pop Music, and

> new

> > fangled styles of dancing?

> >

> > In other words, before I go all King Alfred and start rewriting

> > curricula to deal with the new reality (look up the reference in the

> > Wikipedia ;)), I'd like to know if this is the result of a temporary

> > circumstance!

> >

>

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From daniel.odonnell at uleth.ca Fri Nov 28 20:55:52 2008

From: daniel.odonnell at uleth.ca (Daniel O'Donnell)

Date: Fri Nov 28 20:56:07 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

In-Reply-To:

References:







Message-ID:



You've discovered my immunity conch, or whatever it is called on

Survivor. Doesn't matter what I do--except Old English or Humanities

Computing--you can google me and I'll come up as your mamas favorite C&W

singer.



Actually it isn't that bad: in my fields I tend to outrank Irish Singer

O'Donnell (not to mention chicago politician and the rest). I do get

tons of emails for him asking me to send free copies of my latest CDs to

dying grannies in PEI (there's a real problem with dying grannies in

PEI, BTW); but then no doubt he gets the same thing with people asking

for offprints for dying PhD supervisors. We should set something up on

EBay.



-dan



On Thu, 2008-11-27 at 15:38 -0700, Dan Johnson wrote:

> Plus several are even about Dan O'Donnell.

>

> *Daniel* or *Danny O'Donnell* may refer to

>

> * Daniel O'Donnell (politician)

>

,

> American legislator from the state of New York.

> * Daniel O'Donnell (singer)

> ,

> Irish musician.

> * Danny O'Donnell ,

> English footballer.

>

>

>

> At least it's not "Johnson". Half of Minnesota would be there.

>

> I have my questionable place in Wikipedia:

>

> http://en.wikipedia.org/wiki/Timothy_F._Ball

>

>

>

>

> O'Donnell, Dan wrote:

> >

> > As the primary author of a featured article in the Wikipedia, I can't

> > complain about it ;)

> >

> > -dan

> >

> > Daniel Paul O'Donnell, PhD

> > Associate Professor,

> > Department of English,

> > University of Lethbridge

> > Lethbridge AB T1K 3M4

> > Canada

> >

> > Chair, Text Encoding Initiative (http://www.tei-c.org/)

> > Director, Digital Medievalist Project

> > (http://www.digitalmedievalist.org/)

> >

> >

> >

> > -----Original Message-----

> > From: Dan Johnson [mailto:dan.johnson@uleth.ca]

> > Sent: Thu 2008-11-27 10:12

> > To: O'Donnell, Dan; cafr-l, MailList

> > Subject: Re: [CAFR-L] TAN? Have our entrance grades dropped?

> >

> >

> > "...look up the reference in the Wikipedia..."

> >

> >

> >

> > I think I see the problem.

> >

> >

> >

> >

> >

> > Daniel O'Donnell wrote:

> > > Postings to this list are *Publicly Archived.* This is an

> > unmoderated list and posters are solely responsible for the content

of

> > their messages.

> >

> > >

> > > --------------------

> > > Hi all,

> > >

> > > My father once pointed out to me that students have been getting

worse

> > > since writing ruined Socrates, so I normally don't take much stock

in

> > > even my own complaints about student quality. But I am dealing with

> > some

> > > first years this year whose skills are so poor that I wonder if

they

> > are

> > > coming from a different student pool than usual.

> > >

> > > I've not taught first year in almost three years, so it could also

just

> > > be me or some kind of societal change (Facebook, for example, is

only 5

> > > years old and the Wikipedia a little older). But I do know that the

> > > entrance GPA to Education for our majors crashed last year from

> > > somewhere in the high 3s to somewhere, I understand now, in the mid

2s.

> > >

> > > Seven or eight years ago we also had a couple of bad sets of first

year

> > > students. At that time the University had indeed lowered its

entrance

> > > grade temporarily. Then either the students got better again or I

got

> > > used to it. This led me to the conclusion that the line that

separated

> > > those who were and were not ready for university must lie more or

less

> > > exactly at our "standard" acceptance grade.

> > >

> > > So does anybody know if this was lowered this past recruiting

> > season? Or

> > > is the problem just some combination of me getting old and cranky,

> > > society going to hell in a hand basket, the Internet, Pop Music,

and

> > new

> > > fangled styles of dancing?

> > >

> > > In other words, before I go all King Alfred and start rewriting

> > > curricula to deal with the new reality (look up the reference in

the

> > > Wikipedia ;)), I'd like to know if this is the result of a

temporary

> > > circumstance!

> > >

> >

--

Daniel Paul O'Donnell

Associate Professor of English

Chair, Text Encoding Initiative Consortium

Director, Digital Medievalist Project



Department of English

University of Lethbridge

Lethbridge AB T1K 3M4



Home Page: http://people.uleth.ca/~daniel.odonnell/

Appointment Calendar:

http://kakelbont.homelinux.net/webcalendar/week.php?user=dan

Vox: +1 403 329-2377

Fax: +1 403 382-7191





From vokey at uleth.ca Fri Nov 28 22:46:01 2008

From: vokey at uleth.ca (John Vokey)

Date: Fri Nov 28 22:46:03 2008

Subject: [CAFR-L] TAN? Have our entrance grades dropped?

In-Reply-To:

References:







Message-ID:

Well, in that regard, I am #1 on Google, and the ``R.'' isn't even

necessary. Mind you, it does descend rather quickly into golf putter

heads, cattle stall aesthetics, and cable hook-ups shortly after that,

not to mention an apparently well-referenced set of theological

tracts. But, I am the only ``John'' in that list, and #1 as I said.



On 28-Nov-08, at 8:55 PM, Daniel O'Donnell wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

> You've discovered my immunity conch, or whatever it is called on

> Survivor. Doesn't matter what I do--except Old English or Humanities

> Computing--you can google me and I'll come up as your mamas favorite

> C&W

> singer.

>

> Actually it isn't that bad: in my fields I tend to outrank Irish

> Singer

> O'Donnell (not to mention chicago politician and the rest). I do get

> tons of emails for him asking me to send free copies of my latest

> CDs to

> dying grannies in PEI (there's a real problem with dying grannies in

> PEI, BTW); but then no doubt he gets the same thing with people asking

> for offprints for dying PhD supervisors. We should set something up on

> EBay.

>

> -dan

>

> On Thu, 2008-11-27 at 15:38 -0700, Dan Johnson wrote:

>> Plus several are even about Dan O'Donnell.

>>

>> *Daniel* or *Danny O'Donnell* may refer to

>>

>> * Daniel O'Donnell (politician)

>> > >,

>> American legislator from the state of New York.

>> * Daniel O'Donnell (singer)

>> ,

>> Irish musician.

>> * Danny O'Donnell > %27Donnell>,

>> English footballer.

>>

>>

>>

>> At least it's not "Johnson". Half of Minnesota would be there.

>>

>> I have my questionable place in Wikipedia:

>>

>> http://en.wikipedia.org/wiki/Timothy_F._Ball

>>

>>

>>

>>

>> O'Donnell, Dan wrote:

>>>

>>> As the primary author of a featured article in the Wikipedia, I

>>> can't

>>> complain about it ;)

>>>

>>> -dan

>>>

>>> Daniel Paul O'Donnell, PhD

>>> Associate Professor,

>>> Department of English,

>>> University of Lethbridge

>>> Lethbridge AB T1K 3M4

>>> Canada

>>>

>>> Chair, Text Encoding Initiative (http://www.tei-c.org/)

>>> Director, Digital Medievalist Project

>>> (http://www.digitalmedievalist.org/)

>>>

>>>

>>>

>>> -----Original Message-----

>>> From: Dan Johnson [mailto:dan.johnson@uleth.ca]

>>> Sent: Thu 2008-11-27 10:12

>>> To: O'Donnell, Dan; cafr-l, MailList

>>> Subject: Re: [CAFR-L] TAN? Have our entrance grades dropped?

>>>

>>>

>>> "...look up the reference in the Wikipedia..."

>>>

>>>

>>>

>>> I think I see the problem.

>>>

>>>

>>>

>>>

>>>

>>> Daniel O'Donnell wrote:

>>>> Postings to this list are *Publicly Archived.* This is an

>>> unmoderated list and posters are solely responsible for the

>>> content of

>>> their messages.

>>>

>>>>

>>>> --------------------

>>>> Hi all,

>>>>

>>>> My father once pointed out to me that students have been getting

>>>> worse

>>>> since writing ruined Socrates, so I normally don't take much

>>>> stock in

>>>> even my own complaints about student quality. But I am dealing with

>>> some

>>>> first years this year whose skills are so poor that I wonder if

>>>> they

>>> are

>>>> coming from a different student pool than usual.

>>>>

>>>> I've not taught first year in almost three years, so it could

>>>> also just

>>>> be me or some kind of societal change (Facebook, for example, is

>>>> only 5

>>>> years old and the Wikipedia a little older). But I do know that the

>>>> entrance GPA to Education for our majors crashed last year from

>>>> somewhere in the high 3s to somewhere, I understand now, in the

>>>> mid 2s.

>>>>

>>>> Seven or eight years ago we also had a couple of bad sets of

>>>> first year

>>>> students. At that time the University had indeed lowered its

>>>> entrance

>>>> grade temporarily. Then either the students got better again or I

>>>> got

>>>> used to it. This led me to the conclusion that the line that

>>>> separated

>>>> those who were and were not ready for university must lie more or

>>>> less

>>>> exactly at our "standard" acceptance grade.

>>>>

>>>> So does anybody know if this was lowered this past recruiting

>>> season? Or

>>>> is the problem just some combination of me getting old and cranky,

>>>> society going to hell in a hand basket, the Internet, Pop Music,

>>>> and

>>> new

>>>> fangled styles of dancing?

>>>>

>>>> In other words, before I go all King Alfred and start rewriting

>>>> curricula to deal with the new reality (look up the reference in

>>>> the

>>>> Wikipedia ;)), I'd like to know if this is the result of a

>>>> temporary

>>>> circumstance!

>>>>

>>>

> --

> Daniel Paul O'Donnell

> Associate Professor of English

> Chair, Text Encoding Initiative Consortium

> Director, Digital Medievalist Project

>

> Department of English

> University of Lethbridge

> Lethbridge AB T1K 3M4

>

> Home Page: http://people.uleth.ca/~daniel.odonnell/

> Appointment Calendar:

> http://kakelbont.homelinux.net/webcalendar/week.php?user=dan

> Vox: +1 403 329-2377

> Fax: +1 403 382-7191

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



--

Yep, the dyslexic atheist claims there is no dog, but that is not half

as risky as the dyslexic devil worshiper who sold his soul to Santa ;-)



Dr. John R. Vokey

vokey@uleth.ca









From byrne at uleth.ca Sat Nov 29 19:34:53 2008

From: byrne at uleth.ca (James Byrne)

Date: Sat Nov 29 19:35:05 2008

Subject: [CAFR-L] an option

Message-ID:



Colleagues - this could go a long way towards addressing issues of both

global and national concern. Please consider signing and forwarding on

to others for consideration.



An on-line petition is circulating to encourage the federal NDP and

Liberal parties to form a coalition. If you're in favour of this, please

consider signing the letter at the Rideau Institute website: open online

letter



Jim



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From daniel.odonnell at uleth.ca Sat Nov 29 19:44:03 2008

From: daniel.odonnell at uleth.ca (Daniel O'Donnell)

Date: Sat Nov 29 19:44:09 2008

Subject: [CAFR-L] List "owner" term

Message-ID:



As I mentioned earlier, I think we should have terms for the list

"owner"--administrator is a better word, since it isn't moderated and

all the "owner" does is add new people while making sure

mailinglistsRus@spam.com can't sign up.



And to get the ball rolling, I'd like to step down as list "owner" at

the end of the year: I run too many lists as it is.



Any volunteers to take over? We can have as many as we want. And I'll

provide any necessary training.



-dan

--

Daniel Paul O'Donnell

Associate Professor of English

Chair, Text Encoding Initiative Consortium

Director, Digital Medievalist Project



Department of English

University of Lethbridge

Lethbridge AB T1K 3M4



Home Page: http://people.uleth.ca/~daniel.odonnell/

Appointment Calendar:

http://kakelbont.homelinux.net/webcalendar/week.php?user=dan

Vox: +1 403 329-2377

Fax: +1 403 382-7191





From forgie at uleth.ca Sun Nov 30 14:05:02 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 30 14:05:10 2008

Subject: [CAFR-L] on the topic of student writing

Message-ID:



Hi all. I have discovered another variable in our students' lack of

English language skills - the rise of French Immersion as the "best"

thing to do for children. Several of my third year students have

confessed that they were never involved in formal writing in English

until at least Grade 10 in high school, and then did not have much

help or opportunity to have their writing corrected. How can they be

expected to write properly at the university level when their

formative years lacked training in the English language? In two

specific cases, their parents could not speak French, and thus had no

input into their "assignments" for years of their schooling. Such

students are struggling as any other student for whom English is a

second language. Interesting. M.



_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









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From byrne at uleth.ca Sun Nov 30 14:49:43 2008

From: byrne at uleth.ca (James Byrne)

Date: Sun Nov 30 14:49:44 2008

Subject: [CAFR-L] student skills

Message-ID:







Colleagues - there has been discussion of junior students' skills on

this list and that discussion has included a range of associated (often

negative?) opinions and views shared. No disrespect intended and with

understanding of possible frustrations; but to what constructive end is

this discussion? CAF-R is an informal group and since we likely have no

time or energy to address this issue, and it would not fall into our

(specified?) mandate. I do appreciate comments like Rick's that brought

fact book information forward and a clear statistical argument

suggesting the population has not changes significantly. I simply pose

the question - is this a discussion that will end in some meaningful

action? I suggest not and hence further suggest we do the CAF-R list

only harm by continued negative remarks about a large portion of the

student population.





Jim









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From forgie at uleth.ca Sun Nov 30 14:52:29 2008

From: forgie at uleth.ca (Margaret Forgie)

Date: Sun Nov 30 14:52:41 2008

Subject: [CAFR-L] student skills

In-Reply-To:

References:

Message-ID:



My apologies for sending my email to the list. M.

_______________________



Margaret L. Forgie, Ph.D.

Academic Assistant/Lecturer

Department of Psychology

Uhall - D850

The University of Lethbridge

4401 University Drive

Lethbridge, AB, Canada

T1K 3M4



phone: 403-329-2437

department: 403-329-2235

fax: 403-329-2555

email: forgie@uleth.ca (preferred contact)









On 30-Nov-08, at 2:49 PM, James Byrne wrote:



> Postings to this list are *Publicly Archived.* This is an

> unmoderated list and posters are solely responsible for the content

> of their messages.

>

> --------------------

>

>

> Colleagues - there has been discussion of junior students' skills

> on this list and that discussion has included a range of associated

> (often negative?) opinions and views shared. No disrespect

> intended and with understanding of possible frustrations; but to

> what constructive end is this discussion? CAF-R is an informal

> group and since we likely have no time or energy to address this

> issue, and it would not fall into our (specified?) mandate. I do

> appreciate comments like Rick's that brought fact book information

> forward and a clear statistical argument suggesting the population

> has not changes significantly. I simply pose the question - is

> this a discussion that will end in some meaningful action? I

> suggest not and hence further suggest we do the CAF-R list only

> harm by continued negative remarks about a large portion of the

> student population.

>

>

> Jim

>

>

>

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l



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From kent.peacock at uleth.ca Sun Nov 30 15:23:00 2008

From: kent.peacock at uleth.ca (Kent Peacock)

Date: Sun Nov 30 15:23:07 2008

Subject: [CAFR-L] student skills

In-Reply-To:

References:

Message-ID:



Jim (and Margaret and all): --



Where this sort of discussion might conceivably do some good or make a

difference is that faculty in various ways could attempt to resist the

tendency to turn the slogan of "accessibility" into "anyone with a pulse

is admissible to university." We can't directly affect how high school

education is delivered but we can make it clear in various ways both

explicit and implicit that the buck has to stop in first and second year

university. As it is now early undergraduate education is a sort of

band pass filter that culls and streams students, often quite

ruthlessly. (Of course, it has always been this way.) Every time I

teach a first year course I have to flunk a bunch of students who are

either unable, unwilling, or unready to do university-level work. I am

not sadistic by nature, and I don't especially enjoy doing this. I

think what bothers me is not so much that we have to enforce fairly

tough standards but that many young people are, I think, given false

expectations by our current educational system, within which it is

politically almost impossible to admit that not everyone has what it

takes to be a doctor, lawyer, or engineer. Students come to university

expecting a fast track to an executive suite and flunk out ignominiously

because they were not taught basic grammar, science, history,

mathematics, or study skills in high school. Faculty could at least say

that we don't enjoy being the executioners of young people's (mistaken)

career expectations. I'm not sure of the best way to say this; another

letter to Andy Hakin will probably not do the trick. But it is

something that deserves comment by us, somehow, somewhere.



Kent









James Byrne wrote:

> Postings to this list are *Publicly Archived.* This is an unmoderated

list and posters are solely responsible for the content of their

messages.

>

> --------------------

>

> -----------------------------------------------------------------------

-

>

>

>

> Colleagues - there has been discussion of junior students' skills on

> this list and that discussion has included a range of associated

> (often negative?) opinions and views shared. No disrespect intended

> and with understanding of possible frustrations; but to what

> constructive end is this discussion? CAF-R is an informal group and

> since we likely have no time or energy to address this issue, and it

> would not fall into our (specified?) mandate. I do appreciate

> comments like Rick's that brought fact book information forward and a

> clear statistical argument suggesting the population has not changes

> significantly. I simply pose the question - is this a discussion that

> will end in some meaningful action? I suggest not and hence further

> suggest we do the CAF-R list only harm by continued negative remarks

> about a large portion of the student population.

>

>

> Jim

>

>

>

>

> -----------------------------------------------------------------------

-

>

> _______________________________________________

> cafr-l mailing list

> cafr-l@uleth.ca

> http://listserv.uleth.ca/mailman/listinfo/cafr-l

>



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