Remember this? UofOWatch time machine to 1997

It is difficult to know what is most surprising about this 1997 story: That the Fulcrum would write a biting story critical of the administration or that a judge would side with a student against the university...? The legal decision is HERE.

The University of Ottawa was found to disregard a student complaint and to aide a School of Management professor (Jimming Lin) in stealing a student's (Paul Boudreau) intellectual property. Really nice stuff.

This is stunning in view of the University's stated and demonstrated dedication to protect its intellectual property in certain other circumstances... HERE, HERE, HERE and THIS video!

It would be interesting to know if the notorious professor Lin was ever disciplined for his academic fraud? After all, the author of the instant blog was suspended without pay by the University of Ottawa for the picture of Tabaret Hall that you see here on the front page (VIDEO).

I bet not. (Just a wild guess.)

Reparation is due at U of O - Grievance filed

October 7, 2008

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Louise Pagé-Valin

Associate Vice-President

Human Resources Services

University of Ottawa

Tabaret Hall

550 Cumberland Street

(delivered by hand)
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Re: Grievance G-19 (my code) – EBOG UofOWatch decision.

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Dear Mrs. Pagé-Valin:

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This is to grieve the September 11th decision of the Executive Committee of the Board of Governors (EBOG) regarding my UofOWatch.blogspot.com blog.
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The Dean admitted in writing that if my articles had not been critical of the University, then I would not have been punished. This is a blatant violation of academic freedom. It also represents undue interference with my work.

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In addition, in an email to Secretary of the University Pamela Harrod dated September 28, 2008, I expressed concerns about significant procedural anomalies in the EBOG’s September 11th decision. I have not yet received a response. I ask that you immediately provide written clarifications regarding my concerns expressed in my September 28, 2008, email to Pamela Harrod and immediately provide a copy of the (appropriately severed) minutes of the September 11th EBOG meeting, showing which EBOG members were present.
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I ask that the discipline be reversed and that reparation be made, with interest. I want a written apology co-signed by all members of the EBOG which were present at the September 11th EBOG meeting. I want a written apology from the Dean. I ask that a new text of the policy for University copyrighted images be adopted which explicitly permits criticism of and/or fair (legal) commentary about the University in the use of University web images by professors, media, and students in any academic or journalistic work.

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Sincerely,
Denis Rancourt

(Professor)
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Cc: Posted to UofOWatch blog, BOG, APUO, Dean of Science..

[Photo credit: University of Ottawa; Louise Page-Valin, Dean Andre E. Lalonde]

It’s Unanimous! The University’s Intellectual Property Must Be Protected

In a letter dated September 23, 2008, the dean of the Faculty of Science, André E. Lalonde, informed Professor Denis G. Rancourt of the September 11, 2008, decision of the Executive Committee of the Board of Governors (EBOG) in the matter of discipline for having robed the University’s intellectual property.

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See uTube video HERE.

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The dean proudly announced “The Executive of the Board of Governors accepted the Dean’s recommendation [to discipline Rancourt]. The decision was unanimous.”

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Bloggers and news media beware: The University of Ottawa will take whatever means necessary to bar the use of its pictures that it makes public on its web site.

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In this case, it has disciplined one of its own professors with an unpaid suspension for having posted properly-credited uOttawa.ca images on his (this) blog (UofOWatch), even though the blog is part of the professor’s work for the University.

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Just think of what the University will do if you are not one of its professors using the images for University work…

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If the blog were not part of the professor’s work, then the University could not have disciplined the professor using labour law but would have needed to sue the professor under copyright law.

But wait. All the pictures are still up on the blog? The University has not protected its intellectual property. By its own logic, the University has no choice but to discipline Rancourt further and more severely for continuing to rob the University’s intellectual property. But is the University willing to push its insanity further…?

The University had given Rancourt permission to use its copyrighted images “for the positive promotion of activities related to the University of Ottawa” but then agued that UofOWatch is not “positive.” (LINK) Rancourt explained that the best way to make-positive negatives (such as VPs and deans lying or falsifying documents: LINK, LINK, LINK) is to report the mistakes, and to criticize, so that those who need to learn from their mistakes do. Rancourt explained that criticism is positive, as is being seen to allow criticism, and that, therefore, the images are being used “for the positive promotion of activities related to the University of Ottawa.”

In addition, the UofOWatch blog itself is a positive activity of the University of Ottawa and the pictures positively promote the UofOWatch blog.

Hello… The University is adopting a copyright practice regarding its web pictures that is straight out of Orwell’s 1984. “Canada’s university,” that bastion of freedom of expression, intellectual inquiry, and critical discourse, is limiting its copyrighted resources to those who can wear plastic smiles and who are willing to serve its Communications Office.

For some reason, the student and mainstream media have not caught on to these subtleties in their coverage of Rancourt’s EBOG adventure. (LINK) To be fair, these subtleties also unanimously escaped the EBOG members, the Dean, and the University Legal Counsel, to name a few.

The unanimity of thought within the University administration suggests that only individuals that are capable of incisive analyses in complex cases attain the higher positions within the institutional hierarchy. (LINK) Not.

The Dean’s letter [POSTED HERE] made no mention of which of the twelve EBOG members were present at the September 11th meeting or whether President Allan Rock (Vice-Chair, EBOG) was in the room or how many of the members were present in addition to Secretary Pamela Harrod.

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The public was banned from attending the EBOG September 11th meeting and Rancourt was not allowed to address the committee, not even to obtain clarification of his procedural concerns. The letter and email exchange between Rancourt and EBOG Secretary Pamela Harrod is POSTED HERE.

Security guards and locked doors were used to keep Rancourt and the public from entering the board room: See a report and a video HERE.
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U of O EBOG Members:

Yves Tremblay, Chair
Allan Rock, Vice-Chair
Pamela Harrod, Secretary (non-member)
Jeffrey M. Dale
Ruth Freiman
Abdo Georges Ghié
V. Peter Harder
Marc Jolicoeur
Richard L’Abbé
Louise Lemyre
Julia Morris
Louise Tardif
Carmen Prévost Vierula

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[photo credit: University of Ottawa]

LINKS to media:

Ottawa Sun feature 2008
La Rotonde news article
Ottawa Sun feature 2007
Ottawa Xpress feature 2006

UofOWatch Blog Too Much for UofO – Board to Decide on Suspension of Professor

This very blog, which should be celebrated by the University of Ottawa as an example of open self-criticism and vibrant discourse (e.g., see Professor St-Amant’s many contributed comments to the previous post), has in fact been threatened with legal action on two counts and its creator, Professor Denis Rancourt, has been disciplined and is now under review for suspension.
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Professor Rancourt’s final supplementary brief (posted HERE) in the matter of his suspension for the blog was deposited today. The Board of Governors (BOG) of the University of Ottawa has 40 working days to provide its decision and its reasons therefor. BOG meetings are public.
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A brief history of the University’s reactions to the UofOWatch blog is as follows.
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First, on August 20, 2007, University of Ottawa’s VP-Resources Victor Simon initiated a “private” action against Rancourt using the third largest national law firm in Canada, Borden Ladner Gervais (BLG), which is known to specialize in libel and defamation cases. The Chairman of the BOG of the University of Ottawa is a Partner in BLG.
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The BLG letter of threat “Notice under the Libel and Slander Act” is posted HERE. It is signed by BLG Partner J. Bruce Carr-Harris who has been involved in high-profile fund raising activities for the University.
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The letter states:
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“Mr. Simon hereby demands that you immediately remove the two blogs [THIS ONE and THIS ONE] … from your U of O Watch blog, failing which we expect to receive instructions to commence the requisite legal proceedings to do so.
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In addition, we require a full, absolute, and unequivocal and fair apology and retraction of all defamatory statements…”
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Similar letters of threat of legal action, in this matter of Victor Simon and UofOWatch, were sent to graduate students Jean-Paul Prévost and Severin Stojanovic (for allegedly providing material support) and to three (student) staff members (Editor-in-Chief, Director General, and the journalist covering the Victor Simon matter) of the student newspaper La Rotonde (presumably to intimidate the paper away from publishing on the matter).
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La Rotonde bravely published a full spread on September 10, 2007, with copies of some of the BLG letters. Rancourt did not budge, trusting truth as the ultimate defence. The lawsuits never materialized.
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Next, on August 28, 2007, came a letter from the University of Ottawa’s Legal Counsel (Michelle Flaherty). This letter is posted HERE and states: “the University of Ottawa hereby requires that you immediately remove the images of Tabaret Hall, of the President of the University of Ottawa with Mr. Telfer and of the President of the University of Ottawa and Mr. Lau from the U of O Watch blog site … If you fail to remove these images by August 31, 2007, the University of Ottawa may take whatever action it deems necessary to protect its intellectual property rights.”
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The Flaherty letter explained that it is University policy that the images “may be used by faculty, staff, students, and the news media solely for the positive promotion of activities related to the University of Ottawa.”
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Having been informed of the University policy, Rancourt responded by making more widespread use of copyrighted University images, which greatly enhanced the blog.
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The Dean of the Faculty of Science, André E. Lalonde, next enthusiastically took on the job of “protect[ing] [the University’s] intellectual property rights.” The Dean initiated his own investigation on November 23, 2007 (see letter posted HERE). In his letter, the Dean explained “I am concerned that your refusal to remove the copyrighted images from the U of O Watch website constitutes insubordination.”
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What followed was a long series of meetings, exchanges of letters, and procedures (see Rancourt’s brief HERE for a summary) in which Rancourt tried to explain to the dean that both criticism and allowing criticism were positive and that, consequently, the University policy was not being violated.
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The Dean disciplined Rancourt and warned of more discipline if the images were not removed. The Dean then appealed to the good judgement of VP-Academic Robert Major to ask that Major schedule the continuation of the investigation in order to pursue a suspension of Rancourt. Major obliged – leading to the present evaluation by the Board.
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The Executive Summary of Rancourt’s BRIEF to the Board reads as follows.
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The University of Ottawa has a stated policy of allowing professors to use its copyrighted images from its web site “for the positive promotion of activities related to the University of Ottawa.” (See Legal Counsel’s letter to Denis Rancourt dated August 28, 2007.)
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Denis Rancourt uses credited copyrighted images from the University’s web site in the UofOWatch blog that he manages (see attached item-1).
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The UofOWatch blog features commentary and critical articles about activities of the University of Ottawa (see attached item-1).
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The credited copyrighted images from the University’s web site significantly enhance the UofOWatch blog (a picture is worth a thousand words) and show a positive image of a university open to self-criticism.
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University professors have academic freedom in their research and communications, including in criticisms of the university itself. The university has a duty to support the work of its professors, within the usual limits of resource constraints.
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The University has disciplined Professor Denis Rancourt (Letter of Reprimand dated February 5, 2008) for not removing the copyrighted images from the UofOWatch blog.
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Dean André E. Lalonde presently seeks further discipline (a one-day suspension) to be approved by the Board, before a grievance (filed on February 24, 2008) against the first discipline has been heard.
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The University’s discipline and the on-going attempt to further discipline are not legitimate and appear to constitute attempts at ideological (political) censorship. The actions of the dean (and of Legal Counsel) appear to be petty and contrary to fostering a vibrant and critical university intellectual environment in a free and democratic society.
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In addition, there are many procedural anomalies that point to serious problems in ethical and responsible management. These include illegal gathering and use of personal information and unwarranted legal threats.
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In wrapping up his BRIEF, Rancourt states:
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“Criticism is positive, healthy, and necessary to produce change. Congratulatory niceties only support the status quo. Not exposing known problems encourages their continuation. Criticism is vital work that needs to be encouraged rather than censored and attacked.”
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Let us hope that the Board, in its collective wisdom and mandated fairness, will find a way to celebrate freedom of expression and inquiry at the University of Ottawa.
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[Photo Credit: University of Ottawa. Mr. Marc Jolicoeur, BLG Partner and Chairman of the University’s Board of Governors.]