Specialised Units and Centres at a Glance

Legal Unit

The Legal Unit/Office of General Counsel provides legal services to the Vice-Chancellery, Open Campus, the Five Islands Campus and the regional University. Campus Counsels are located at the Mona and St. Augustine campuses. The Legal Unit interfaces with these legal offices primarily in matters affecting the regional University.

Access

The Legal Unit plays a crucial facilitating role in ensuring that the University achieves its corporate objectives. The creation, review and negotiation of enabling instruments form one of the key features of the Unit. In this vein, Memoranda of Understanding and Agreements form a critical part of this function. As the University continues on its global thrust and re-positioning this can only be achieved by rigorous development of documents that reflect the partnerships that will ensure to the benefit the University. Among the key Memoranda and Agreements negotiated within the period are:

  • Agreement establishing Colleges of the University, a key gateway to ensuring The UWI's alignment with local teachers' colleges commensurate with the Government of Jamaica's efforts to provide access to high quality tertiary education to Jamaican teachers.
  • Agreement between UWItv and FLOW, providing a platform for the dissemination of information across the Caribbean region.
  • Agreement between UWItv and UN Department for Global Communications, that arm of the UN established to tell the UN story across multiple platforms, digital and traditional, to build support for the aims and work of the United Nations. The engagement includes access to the audiovisual archives from over 70 years of the history of the organisation.
  • Memorandum of Understanding between the Caribbean Development Bank and The UWI, which formalises a framework of cooperation, facilitate collaboration, in order to promote institutional strengthening and evidence-based decision making on economic and social policy issues in the Caribbean region by developing a joint knowledge creation and dissemination agenda.
  • Memorandum of Understanding between the Inter-American Development Bank and the Inter-American Investment Corporation and The UWI to promote programs and projects that foster cooperation between them, in order to promote evidence-based decision making on economic and social policy issues in the Caribbean region by developing a joint knowledge creation and dissemination agenda
  • Memorandum of Understanding between The UWI and the University of Havana for the establishment of the Joint Centre for the Sustainable Transformation of the Caribbean.
  • Memorandum of Understanding between The UWI and Kenyata University to cooperate in the areas of Research and Development, Policy Advocacy and communication management, Project design and Management; and training and capacity building to include, Climate Change and Disaster Management, Security and Cyber Security Management, Entrepreneurial Management and Pandemic and Epidemic Management.
  • Memorandum of Understanding between The UWI and the Association of Caribbean States (ACS) which constitutes the frame of reference for formulating co-operation between The UWI and ACS.
  • Memorandum of Understanding between The UWI and the University of Glasgow for the development of research co-operation and the promotion of mutual understanding.
  • Franchise Agreements, Student Exchange Programmes, and clinical trial agreements for part of the work of the legal unit.
  • Memorandum of Understanding between The UWI and Coventry Institute for Industry-Academic partnership (Education and Research) to explore novel approaches to developing and harnessing new technologies for application within the Caribbean and the Caribbean Diaspora.
  • The establishment of the PJ Patterson Centre for Africa-Caribbean Advocacy designed to coordinate public policy and advocacy by fostering development relations between the Caribbean and Africa out of a need to need to centralise and coordinate its relations with African peoples, governments, universities and institutions through a specialised institutional arrangement. In addition such an institution will support and encourage academic collaboration, teaching and research on Africa in its global dimension.
  • The Office facilitated the establishment of the Five Islands Campus through the development of key documentation to be laid before both the Cabinet and Parliament in Antigua and Barbuda, and also reviewed the legislative framework necessary for the establishment of the campus.
  • The establishment of the Canada Caribbean Institute, founded by The UWI and Brock University (BU) to provide a focal point for multi-disciplinary research and teaching to deepen and improve the multi-faceted relationships between Canada and the Caribbean and to examine issues and opportunities pertaining to the Caribbean and Caribbean diaspora communities in Canada.

ALIGNMENT

The Legal Unit, in future proofing the University, employs legal and administrative foresight in anticipation of the implementation of the University's strategic directions. Among the initiatives are:

The Visitor

In 2018, The Legal Unit/Office of General Counsel, through discussions with the UK Privy Council and in keeping with a critical role to future proof the University, saw the domestication of the Visitor to a regional figure of high judicial office, currently served by The Hon. Justice Ralston Nelson. Negotiations also saw the appointment of retired Judge of Appeal Justice Paul Harrison (recently deceased) to address matters prior to 2018. The Office continues to defend the University in all appeals.

Insurance

The UWI operates in a very dynamic environment. Though our major product falls under the umbrella of academia, within that construct, The UWI engages with diverse sectors and subjects. With that comes risks. The Office of General Counsel is actively engaged with the Office of Finance and our insurance brokers. Over the period, those areas identified for review include: medical malpractice, medical student liability, Directors liability, and UWI liability for students on field trips, among others.

Medico/Legal Matters

In partnership with the Hugh Wynter Fertility Management Unit, the Legal Unit hosted a workshop of Surrogacy Ethics and the Law, a workshop designed for medical personnel and attorneys at law. The objective of the two-day workshop was to highlight the challenges with the law, issues of morality with the key objective of seeking to, in conjunction with the Ministry of Health define a policy framework for addressing the legislative and policy gaps in this bourgeoning area of law and practice. Applications were made and received for credits for both the legal and medical professions as part of their continuing professional education programmes.

Policies

The Legal Unit is critically engaged with the formulation of key policy instruments necessary for the University's compliance with local, regional and international legal frameworks and best practices.

  • Alternate Dispute Resolution
    An innovation to de-escalate matters becoming contentious and to institutionalise ADR mechanisms within the University. The policy also advocates and establishes the University Ombudsman and a whistle blower system.
  • Review of the Statement on Ethical Principles and Code of Conduct
    Largely responsible for the revision of the Ethical Principles and Code of Conduct amplifying key components of staff governance and conflicts of interest complementing key internal governance issues within the University.
  • Data Protection Policy
    Contributed to the development of the Data Protection Policy, the preparation of key statements relating to data privacy, conducted campus-wide consultations as part of The UWI's readiness for regional and international compliance.
  • Equity and Diversity Policy
    This policy is being developed in association with the Faculty of Medial Sciences, Mona Campus and the aligns itself with the University's objectives to provide a study and work environment which must be "inclusive of and affirm the dignity of all persons regardless of race, socio-economic status, age, sex, equity identity and expression, physical and mental ability, sexual orientation, family or marital status, national origin, language, political or religious persuasion, health status, and other characteristics that make its constituents unique. The policy guarantees that the opportunities The UWI provides for learning, personal development and employment are made available on a non-discriminating basis which ensures that differences in characteristics, perspectives and ideas among persons are valued and accorded respect in all aspects of University life, recognising that diversity is a fundamental characteristic of the human condition, that is both valuable and necessary. The Equity, Diversity and Inclusion Unit has been established in the Office of the Principal, Mona Campus.
  • Naming Policy
    A policy aimed at rationalising and prescribing the procedure for the naming of buildings and appurtenances within the regional University.

Review of the University's Statutes and Ordinances/Ordinance 8

The Legal Unit spearheaded a University-wide review of the University Statutes and Ordinances. The objective is to re-examine the University's governance framework, and to align it within its historical context and contemporary global best practices. Commensurate with the review of the Statutes and Ordinances, the review of Ordinance 8 took prominence over a period between 2017 and early 2020 due to its impact on staffing and HR relations. The exercise was by way of the formation of an Ordinance 8 Review Committee consisting of, but not limited to, the Cross Campus Legal team, Campus Registrars and other HR personnel, representatives of WIGUT among others.

Drafting of Statutes and ordinances for presentation to the Standing Committee on Statutes and Ordinances

The Legal Unit provided continuous review of the University's risks for staff, students and third parties. This involves the engagement with the Office of Finance and the Insurance Brokers.

UWI Subsidiaries

The Legal Unit continued to provide legal and secretarial services to:

  • LUMIN Consulting Inc., a consulting company which is the commercial arm of The UWI.
  • UWItv, the multimedia public information and education service of The UWI.
  • UWIREF, a UWI subsidiary that was established inter alia to provide an independent source of funding for University programmes.
  • Rex Nettleford Foundation, established in the memory of Professor Rex Nettleford, former Vice-Chancellor of The UWI.

AGILITY

Clinical Trial Agreements

The Office facilitated the execution of Clinical Trial Agreements and increased academic research partnerships with institutions such as Caribbean Institute for Health Research (CAIHR)

Research Funding

Facilitated the review of key international research funding agreements with the Institute for Sustainable Development, the Arthur Lewis Institute for Social and Economic Studies, Office of Global Partnerships and Sustainable Futures.

Reprographic Rights License

The Office sought to align the University with local Caribbean Reprographic Rights Organisation's Agency (CAROSSA) and international Reprographic Rights Licensing Organisations (International Federation of Reproduction Rights Organisation: IFRRO) to ensure the University's compliance with regional and international laws concerning intellectual property rights specifically reprographic rights.

UWItv/CARICOM partnership

Harmonisation of Guild Constitutions

Providing common and equitable services to students throughout the regional University, facilitating access to student services regardless of campus or location, the Office facilitated the harmonisation of all the Guild constitutions.

Legal Attestation

Facilitate the University Auditor and the Open Campus in the development of the University Compliance procedures to ensure the University's compliance with local, regional and international laws.

Public Service

The General Counsel serves on a number of public bodies including:
  • Chair of the National Council on Reparatory Justice
  • Board member, National Commission for UNESCO
  • Chair, Culture Committee on the National Commission for UNESCO
  • Co-Chair, HR Committee on the National Commission for UNESCO
  • Member of Advisory Board, Forestry Department
  • Advisor to the Government of Jamaica and Blue Minerals Jamaica on Deep Sea-bed Mining
  • Director, Alligator Head Foundation an NGO managing the East Portland Fish Sanctuary

Regional and International Service

  • Member, Caribbean Reparations Commission
  • Member, The Code Project: ad hoc international team of experts focused on environmental concerns
    • related to deep sea-bed mining under the auspices of Pew Charitable Trusts

UWI Committees

The General Counsel served on the following committees:
  • Co-Chair, Intellectual Property Rights Committee
  • Member, University Ethics Committee
  • Legal and Governance working group - Five Islands
  • Committee established to examine the feasibility of a UWI Trust Fund
  • Naming Committee