A motion to cease divisive contracts the University of Windsor struck with pro-Palestinian protesters has been rejected before the school’s board of governors could even discuss it.

 

“I will confirm that I have sent an email to Daniel Ableser, the board member who brought the motion forward, advising that based on legal advice, which tells me that the motions are outside the purview of the board, they will not be on the agenda for the Tuesday meeting,” board chair Helga Reidel told the Star on Wednesday.​

 

“A comprehensive legal review has determined that the subject matter of your motion is outside the Board of Governors’ authority,” Reidel said in an email to board members about Ableser’s initiative.

 

Reidel would not elaborate on the legal review. She said the legal opinion will be discussed at the board’s Oct. 22 meeting, though it will be in-camera. 

 

The university said Wednesday that president Robert Gordon has returned from an out-of-the-country business trip but was unavailable to comment.

 

“A legal review has determined that the subject matter of the motion is outside the Board of Governors’ authority, and therefore, the motion will not be brought forward to the Board,” university administration said in an email. 

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The Star reported last week that Daniel Ableser brought forward a motion to pause the wide-reaching deals the university signed in July. Gordon’s administration inked separate but similar deals with the University of Windsor Students’ Alliance and a protest group called Windsor Divest that set up an encampment on campus.

 

The deals include UWindsor’s recognition of “the illegal Israeli settlement,” and a promise not to pursue academic agreements with Israeli universities unless supported by the university senate. UWindsor also pledged to make more “responsible investing” in recognition that Israel is an “occupying power.” 

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Ableser’s motion was to be addressed at next Tuesday’s meeting. 

 

“I believe there will still be discussion about identity-based oppression and perhaps the agreements in general through Dr. Gordon’s update to the board, which he does at every meeting,” said Reidel. 

 

Ableser said he has requested a more detailed explanation of the legal opinions ahead of the meeting. 

 

“The university has told me that my motion is outside of the Board of Governor’s authority,” he said. “I have sought clarification and the basis for that opinion, but have not received it.” 

 

Reidel’s email to board members states that Ableser’s motion addresses operational matters that “fall squarely within the authority of University Administration and are outside the role and responsibility of the Board.” 

 

She wrote that a legal review found the board does not have jurisdiction over matters that “fall within the purview of the Administration, nor can it simply overturn operational decisions made by the University Administration.” 

 

Ableser said he believes the University of Windsor Act, which states “the management and control of the University shall be vested in a non-denominational board of governors,” provides the authority to vote on the motion. 

 

“Accordingly, even if university administration had authority to enter into the encampment agreements, which some have questioned, I am quite interested to hear how the Board of Governors does not have authority pursuant to its statutory mandate to give any direction regarding the conduct, management and control of the university’s business and affairs,” said Ableser. 

 

He told the Star he introduced the motion over concerns that “fallout” from the deals has “caused harm” to students, UWindsor’s reputation, and the community at large. That fallout included condemnation from Jewish and human rights groups and multiple large donors withdrawing support. 

 

Local MPPs Anthony Leardi (PC — Essex) and Andrew Dowie (PC — Windsor-Tecumseh) are among the detractors. Dowie told the Star on Wednesday he also believes the University of Windsor Act empowers the board of governors to consider the motion.  

 

“I’m very hopeful that we’ll have a debate on the motion on the 22nd of October, and shenanigans should not be used to derail it,” he said. “I think it’s a legitimate topic of conversation for the board of governors.” 

 

He questioned the university taking a stance on “complex world matters” and its engagement with protesters who occupied part of campus, engaging in “civil disobedience.”  

 

“I am also concerned that groups that don’t have democratic legitimacy can affect change for the entire population of the school,” said Dowie.  

 

“The Palestinian Liberation Zone — I’m not sure what it represents, who it represents, who is a member, how those members are chosen. It’s not clear how that is organized and whether it includes members of the university community as a whole.

 

“It’s never been defined. It’s never been determined. The university hasn’t shared who exactly it negotiated with for reaching that agreement.”   

 

But the deals have their supporters. 

 

On Wednesday, members of UWindsor’s law faculty released a statement of support signed by 43 organizations and 803 individuals, including community members and scholars at universities in Canada, the U.S., the Middle East, and Europe. 

 

The statement urged the board of governors to reject Ableser’s push to pause the deals, adding the undersigned “unequivocally denounce the brazen attempts to undermine and rescind the landmark 10 July 2024 agreement.” 

 

Organizers stated in a media release the deals resulted from “good faith engagement and negotiations with student groups.” 

 

They said the deal “addresses anti-Palestinian racism; brings university investment and academic relationships in line with international law and human rights legal principles; condemns political interference in academic freedom of universities; protects student rights to freedom of speech and freedom of assembly; and takes a stand in the face of genocidal violence in Palestine.”

 

“It is disheartening that there is now a motion to undermine the agreement as it has immensely enhanced UWindsor’s reputation across the world and has put UWindsor on the map,” said Vasanthi Venkatesh, one of three faculty of law members who released the petition.

 

Protests similar to the one at UWindsor appeared at universities across Canada this summer as the war in Gaza between Israel and Hamas escalated. 

 

Members of Hamas, the Palestinian political and militant group governing Gaza, attacked Israel on Oct. 7. The group, which Canada considers a terrorist organization, killed 1,139 people and took 252 hostages. More than 40,000 Palestinians have been killed since Israel responded with a military invasion, according to Gaza health authorities.