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The Martlet

Access UVic no longer recognized

The UVSS removed the organization’s status as a constituency group for being a “non-performer”

Sep 09, 2010 | Volume 63 Issue 5 | 17 Comments
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The ACCESS UVic office sits empty, although self-identified students with disabilities can still gain entrance by asking the SUB General Office for a key.

The ACCESS UVic office sits empty, although self-identified students with disabilities can still gain entrance by asking the SUB General Office for a key.

Gemma Karstens-Smith

The UVic Students’ Society (UVSS) has voted to “not currently” recognize Access UVic as the constituency group for students with a disability at UVic. The UVSS made the decision at their Aug. 23 board meeting after a four-hour long in-camera session on the matter.

“What the board has done is say that Access UVic does not fill the role of the constituency group because they have not held up their end on the Memorandum of Agreement — they’ve been a non-performer. Specifically, they hadn’t gotten a chartered accountant to do their financial statements on an annual basis or do accounting records,” said UVSS Chairperson James Coccola.

The Memorandum of Agreement was signed in 2007 “to acknowledge that the UVSS and Access UVic are separate, distinct and equal entities with the common goals of organizing and advocating for students and to pledge a spirit of collaboration and mutual support in pursuit of those goals.”

Coccola says that, since 2007, Access has been filling the role of the UVSS constituency group Society for Students with a Disability. But Access’ Executive Director Rose Mariana Robb disagrees, saying that Access and the Society for Students with a Disability are not distinct groups.

“Perhaps [the UVSS] thinks that the name change happened at the time of incorporation [in 2007] but in fact the name change happened several years earlier in 2004,” said Robb. “So we are the Society for Students with Disabilities. We are not a separate organization.”

Robb also says that the Agreement “in no way sets out the criteria by which they decide to recognize, or not, an organization as a constituency organization of the UVSS.”

According to Robb, no one at Access realized that their professional accountant was not the same as a chartered accountant.

“It was quite inadvertent that it wasn’t a chartered accountant,” she said. “We’re quite happy to have the financial statements redone by a chartered accountant. They haven’t asked us to do that but we’re quite happy to do that.”

Coccola says there are other issues, however, including the fact that the UVSS wants to see an audit go forward after questions surrounding Access’ finances arose last February.

“It’s been an excruciatingly long time for everyone involved … this is really a reaction to the fact that we haven’t seen any cooperation as far as we’re concerned,” said Coccola.

He says that an audit is integral to Access once again becoming a constituency group.

“We are waiting for interviews to happen from a number of people involved in Access UVic,” said Coccola. “They can again fill [the constituency] role. But an audit needs to get done … there are questions about the finances … we need to know if there was anything wrong. If there’s nothing wrong, then fine. If there was something wrong, then things need to change before we can begin to reevaluate how our relationship looks with Access UVic.”

Robb says communication between the UVSS and Access has been lacking, both in terms of direct communication and communication through legal channels. She says that at the time of the Aug. 23 motion, Access had not received a request for interviews for the audit, though a letter did arrive afterwards.

For now, the board’s non-recognition says that Access is not currently a constituency group of the UVSS, meaning that they do not have a spot on the board.

As well, all funds for Access that the university collects from students are being held in trust. According to Coccola, the university has said that if they don’t see an audit, they will stop remitting funds at all.

Coccola notes, however, that Access continues to function.

“They still exist. They are a non-profit society. We don’t control the non-profit society,” he said. “But them, as a constituency group, is completely different.”

Currently, keys to the Access office can be signed out from the general office.

“It’s meant to be a safe space for students with a disability,” said Coccola.

He says that students with a disability looking for resources can go to the Resource Centre for Students with a Disability or the ombudsperson.

Coccola doesn’t see any other group filling the constituency group role for students with a disability at UVic.

“I don’t expect any constituency group to be established before any of this gets sorted out,” he said. “We’d need to know what’s going on with the funds from last semester before we went anywhere in that direction. Until an audit’s done, that’s not an option on the table.”

For now, Robb says Access will continue to do what they’ve always done.

“One of the hallmarks of disability culture is that people with disabilities have a tremendous amount of patience, are very resourceful people and we hope that we have those positive characteristics at all. And we’re continuing with our work,” she said.

The group is currently working on several projects, including a good-bye party for S Hut and a lecture and discussion series called Engaging Disability.

Robb says Access anticipates a “fair and reasonable resolution” of the non-recognition.

“Hopefully sooner rather than later,” she said.

Coccola agrees that a timely resolution is needed.

“This has been a very long and painful process,” he said. “It’s my least favourite issue that I’ve had to deal with all year and I’ve had to deal with a number of very divisive issues. I think that every person on the board would like to see this resolved as quickly as possible.”

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17 Comments

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  • Jakob Sept. 9, 2010, 10:22 a.m.

    If both sides wants a timely resolution, then Access should just comply with the audit already.

  • Access UVic! Sept. 9, 2010, 11:38 p.m.

    Thanks for a generally balanced article. The only thing amiss is that the pic of our SUB space, accompanying the item must have been taken at night. Access UVic is most definitely not sitting empty!

    In fact, we are now keeping our Advocacy Centre in the Student Union Building open from 9am to 5pm Monday through Friday. All members of the campus community are invited to our upcoming Open House, Wednesday, September 15th.

    Our weekly discussion series and sign language classes will begin in two weeks and this term we also look forward to our first Mad Pride events. Feel free to contact us directly for more information.

  • Julia Munk, Access UVic Treasurer Sept. 9, 2010, 11:47 p.m.

    Hi Jakob, Access has complied with all requests from the UVSS. The delays with the audit are not on our end. The UVSS lawyer has not responded to our lawyer. Also, when our lawyer contacted the auditor (the same day she received a request for interviews,two days AFTER the UVSS passed their motion)it transpired the auditor was out of town. J.

  • Tanja G. Sept. 9, 2010, 11:57 p.m.

    The swiftest way of dismantling a safe space is to dissolve its borders. To let everyone in defeats the purpose of organizing for action and support.

    Also, to have to go and ask permission to get in is really a little bit infantilizing.

  • alexa h. Sept. 10, 2010, 12:05 a.m.

    I'd like to say that I am happy to have the space open now, the lockout was really getting me down because I had no space to feel safe and welcome on the campus. I went and hung out in the Pride office instead. It's nice to communicate with another "oppressed" group but our issues aren't exactly the same. There are some really painful experiences that are unique to disability. I feel really great about having some advocacy for myself and my colleagues with disabilities. I'd like to make a SHOUT OUT to Access UVic, thanks for all their great advocacy work on campus, making a safer environment for disabled students.

  • Erin L. Sept. 10, 2010, 12:16 a.m.

    I am hearing that Access funds currently held in "trust" is actually being spent. If this is true it does not seem right.I agree with James. We ALL need to know "what's going on with the funds from last semester". As a long time Access member I'm very concerned about accounatbility and transparency around our funds.

  • Jeremy Sept. 10, 2010, 12:35 a.m.

    Seriously? This has been going on since March! Access needs to get its stuff together and do those interviews so we can move on with this!

    And Erin, at least the UVSS does an audit annually UNLIKE access

  • David Foster Sept. 10, 2010, 1:21 a.m.

    Actually, the UVSS (I mean Marne Jensen) ordered a forensic audit of Access...the UVSS for its part hasn't done a forensic audit since 2001 when there was a police investigation in the SUB. The former UVSS Business Manager was convicted of fraud in 2003. Nothing like that has happened with Access UVic, there have been no formal charges or proof of any wrongdoing.

    The 2007 Memorandum of Agreement said that Access would provide financial statements-it said nothing about an audit. None of the organizations in the SUB (such as Martlet, CFUV) have done audits in the past. The only specific reason given in the "Whereas" clauses of James's motion for non-recognition of Access was that Access was using a different type of accountant than that mentioned in the Memorandum of Agreement (neverthless an acredited one.) Students voted in two referendum questions to direct funds to Access UVic and the Board can't ignore that on a simple technicality. If there was such serious cause for concern, do you really think no formal charges would have been laid?

    The university has now said they want all organizations in the SUB to do audits. There's nothing wrong with that, but Jensen ordered a forensic audit, not a routine audit. Under the Universities Act, which UVic now claims applies to Access and other groups in the SUB, student societies are required to do annual routine audits, not forensic audits. The UVSS hasn't done a forensic audit for nine years! That's because they typically cost tens of thousands of dollars more than a routine audit. For an organization with a budget the size of Access, this could take most or all of its money.

    Moreover, the claim that section 27.1 of the Universities Act applies to Access is hard to justify. Access is not a "student society" under the Act. Student societies represent the entire body of students at a university and membership is COMPULSORY-you can't opt out! On the other hand, Access is an "ancillary student organization," like the Martlet, CFUV and VIPIRG. That means that students who don't want to pay $3 to Access can fill out a form and get their money back! The Board, and UVic are holding an optional membership organization to standards established for an entirely different type of organization.

  • Scott Garnett - President, Access UVic Sept. 10, 2010, 1:31 a.m.

    Hello from the President of Access UVic. Given that the UVSS locked me (and the rest of the Board, staff and members) out of Access from mid March until last week, I see the current situation as a welcome improvement. Having said that, however, I'm hard pressed to see any logic.

    The justification for refusing to give me a key was that I was not really President. Access worked quietly and patiently through legal channels to establish that, yep, I am indeed President. The UVSS accepted the fact about 3 weeks ago. I wasn't expecting an apology necessarily, but thought that at least an "OOPS!" might be forthcoming. Instead, the UVSS shifted its position completely, without notice or consultation, and came up with a fresh justification to keep members of the Association of Disabled Students at least partially locked out.

    Our organization has been active for nearly three decades. Having worked on a research project for our archives, I know there have been ups and downs and periods when the group was shut down. However, we always manage to keep working towards greater understanding and acceptance. Thanks to the many wonderful members and supporters we are weathering the current storm well. My commitment is to our collective purpose and to keeping united. I invite all students and members of the campus community, and the UVSS Chair and Board to come and learn about our goals and aspirations. We'd love to have you work with us.

  • Mikael Sept. 10, 2010, 4:51 a.m.

    "Nothing like that has happened with Access UVic, there have been no formal charges or proof of any wrongdoing."

    This isn't the first time you have argued this, David. You are using faulty logic. The current lack of proof of wrongdoing is not proof in itself that none occurred. Any accusations cannot be proven or disproved until Access complies and performs an audit. Maybe nothing will be found and everything will quickly return to the way it was, or maybe wrongdoing will be found. At this point, noone really knows.

  • Sarah Sept. 10, 2010, 4:57 a.m.

    @Scott

    You seem to be completely avoiding the issue here. I agree with collective actions and the goals of access but these things are not the issues, nor is it relevant if you are the president or not. The issue is the funds and what happened with the funds.

    @ Julia Have you tried calling the auditor back yet? I see no reason why they would deny you the chance to have an interview.

    @ David "ancillary student organization" that gets its money FROM the students who give the money to the STUDENTS SOCIETY to give to Access. Forensic audits are done when there are questions about the finances of a group that cannot be explained. If it can be easily explained then do the audit and go after the UVSS to cover the expenses.

  • Julia Munk, Access UVic Treasurer Sept. 10, 2010, 5:56 p.m.

    It seems as though people have gotten the impression that the issue is that Access UVic has not or is not willing to undergo an audit. This notion is completely false!!! The accountant who was hired by the UVSS has had all of our source documents for the last fiscal year for almost four months. He has not contacted us to set up interviews and attempts to contact him have proven unsuccessful.

    To be clear Access is willing to undergo a fair and impartial audit. It is a lack of clear and open communation on the part of the UVSS that is slowing the resolution of these issues.

  • Felix Sept. 10, 2010, 11:06 p.m.

    Wow -- so it's not just me that's been asking to see their financial statements.

    I asked them that question every time they approached me to sign their "increase our funding from student fees" petition over the last few years, and they always directed me to their website -- where there were no statements posted. I've always thought I just couldn't find them, or I wasn't on the right website.

    Guess there really weren't any.

    Access UVic reps who are commenting here -- a better reply than "this is false!" would be to just post your financial statements. You're getting a fairly large cut of our student fees; you have a responsibility to show us where you're spending that.

    ~Felix.

  • Julia Munk, Access UVic Treasurer Sept. 11, 2010, 12:44 a.m.

    Felix,

    We have never recieved a requested to see our financial statements; nor would any of our petitioner send people to our website to veiw them. However they are produced annually and are available to any undergradutate or graduate student upon request. Please contact me at treasurer@accessuvic.ca and I would be happly to send our financial statements and answer any questions you might have.

  • Andrew A Sept. 13, 2010, 7:59 a.m.

    This is a rather interesting situation.

    We have members of Access UVic making comments online indicating that the delay is coming from the UVSS/UVSS's lawyer...meanwhile, I hear from the UVSS end of things that Access isn't responding to their requests for interviews etc and that they've had extensions to deadlines given.

    Something about this doesn't add up. Your offices are like 25m apart. It shouldn't be that difficult for the two sides to communicate.

  • Felix Sept. 19, 2010, 6:04 p.m.

    @Julia Munk, Access UVic Treasurer wrote: "We have never received a requested to see our financial statements; nor would any of our petitioner send people to our website to view them."

    I'm afraid I'm going to have to dispute that -- I most certainly did make requests to see your financial statements, three times: twice, I asked Access UVic petitioners, who did indeed direct me to the website, twice. The third time, after failing to find the statements on the website, I went into the Access UVic office. They also directed me to the website, and at that point I gave up. I realize it's my word against yours, but that is what happened.

    I e-mailed the treasurer address in your post on Tuesday (the 14th), but I haven't received a response yet, so I'm adding this to the record here in the mean time. I've re-sent my e-mail from a different address in case it got lost somewhere in transit,* and will amend this post if/when I get a response to it.

    ~Felix.

    • Note: I happen to have my own mail server, so I know from the logs that the message at least made it as far as accessuvic.ca's mail exchanger. However, it's possible for a mail server to have silent spam filtering that reports "message accepted" whether it drops the mail or not, so I won't make any assumption that you in fact got the message.
  • Felix Sept. 21, 2010, 4:12 p.m.

    OK; I now have copies of the Access UVic financial statements in hand -- so they exist, and in my lay opinion they look alright. Treasurer has said that the audited statements will go up on the website once they're done, so that's that.

 

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