Departments, Specialised Units and Centres Highlights
OFFICE OF UNIVERSITY GENERAL COUNSEL
As the University broadens its global presence, the Office of the University General Counsel (OUGC) continues its primary function of providing legal services to the Vice-Chancellery and other clients within the University. We also continue to interface with other Legal Officers on all the campuses to ensure that the University is legally protected. The OUGC has been instrumental in facilitating the negotiation and completion of key agreements with other educational, non-educational and financial institutions. As the University strives to achieve its mission under the 2017–2022 Strategic Plan with the three key performance indicators of Access, Agility and Alignment, we continue to play our legal role in ensuring this mission is realized.
ACCESS
The University continues to establish new relationships and deepen existing ones and the OUGC continues to facilitate and enable these processes. As we facilitate these collaborations, focus is primarily placed on certain fundamental areas of concern.
Over eighty MoUs were reviewed during the period, some of The UWI’s major Memoranda of Understanding include:
- MoU signed by Florida International University (FIU), Sandals and The UWI for the establishment of The Gordon “Butch” Stewart School of Hospitality and Tourism at The UWI Montego Bay.
- Caribbean Association of Banks INC and The UWI, to promote mutual cooperation between the institutions for the advancement of global human resources.
- The University Network for Strengthening Macrofinancial Resilience to Climate Change and The UWI, to promote multidisciplinary academic and professional teaching and research in areas important for strengthening macrofinancial resilience to climate change.
- Open Society University Network (OSUN) and The UWI. The OSUN seeks to integrate learning and the advancement of knowledge among diverse institutions across geographic and demographic boundaries.
AGILITY
The UWI’s Internal Appellate System
The University, through the OUGC, is equipped with a fully functioning Appellate system to determine petitions from staff and students by the University Visitor within the Caribbean; the jurisdiction was originally held by the Privy Council.
During the period August 2021 to July 2022, a total of nine petitions were determined by the University Visitor, The Honourable Justice Royston Nelson; all except one were in favour of the University. They are as follows:
I. Orville Taylor V The UWI (2) (Dismissed June 2022)
II. Riad Hosein V The UWI (Dismissed June 2022)
III. Donovan Brown V The UWI (Dismissed September 2021)
IV. Mohsen Al Attar V The UWI (Dismissed October 2021)
V. Dr. Hamid Ghany V The UWI (Dismissed May 2022)
VI. Keoma Griffith V The UWI (Dismissed July 2022)
VII. Ian Raghunanan V The UWI (Dismissed June2022)
VIII. Oneil Lynch V The UWI (Dismissed January 2022)
IX. Meghan Doyle V UWI (Allowed)
External Appellate System
The appeal against the Supreme Court Ruling in the matter of Deborah Chen V The UWI was dismissed in the Court of Appeal of Jamaica.
Workshops conducted during the year under review
Data Protection Policy
On October 10, 2021, the OUGC, along with the Cross Campus Legal Team, conducted several workshops with the heads of subsidiaries, medical and administrative departments and faculties across the University, to discuss the alignment with The UWI Data Protection Policy.
Directors for UWI Subsidiaries
On July 7, 2021, The OUGC, along with the Mona School of Business and Management, conducted a Workshop for the Directors of all The UWI subsidiaries.
Death and Insurance Benefit
On December 7, 2021, the OUC conducted a workshop on Death and Insurance Benefits to sensitize staff on the University’s Group Life Policy Rules and benefits under the FSSU and the change of investments options. This workshop forms part of a series of workshops concerning Death and Insurance Benefits that is expected to be conducted by OUGC.
Key Policies we have spearheaded include:
- Whistle Blower Policy: a mechanism whereby members can report suspected violations of law and/or breaches of internal regulations.
- Alternative Work Arrangements Policy: Provides a system for employees to work outside of the University location whilst maintaining efficiency and productivity.
UWI Subsidiaries
The Legal Unit continued to provide legal and secretarial services to:
- LUMIN Consulting Inc.
- UWITV
- UWIREF
- Rex Nettleford Foundation – in addition to ordinary legal and secretarial services we facilitated the legal proofing of the proposed construction of a building for the company. We also continued our engagement with the Tax Office for a proper tax
Review and amendments to governing instruments
Ordinance 8
As the OUGC continues to assist in the transformation of the Human Resource system, the OUGC has spearheaded the review of Ordinance 8 to include provisions to ensure greater equity and transparency. This instrument had garnered the input from all internal stakeholders and is in its final stage of review.
ALIGNMENT
The OUGC continues to engage in negotiations and to make recommendations with respect to Research Collaboration Agreements, grant agreements, Clinical Trial Agreements, and Material Transfer Agreements. This is to ensure the strategic positioning of the University, especially with respect to research and publications. The upshot of the thrust is to ensure the cementing of the University’s position as the leading research institution within the Caribbean and to maintain its competitive edge globally. Further, the OUCG aims to ensure that a business model is incorporated in agreements and staff members who are parties to these agreements are accorded the level of intellectual property rights to afford them the opportunity to meet their publication aspirations.
The OUGC has been integral in facilitating the following collaborations:
- Caribbean Development Grant (CDB) Loan and Grant Agreement for UWI Digital Transformation Project;
- Academic & Research Collaboration MOU between the University of Maryland Baltimore County and Five Islands Campus.
- MOU signed by The Prime Minister of Antigua and Barbuda, the Vice-Chancellor of The University of the West Indies (The UWI) and Chair of the Association of Commonwealth Universities (ACU), to formalize the collaboration in support of a Centre for Excellence for Oceanography and the Blue Economy at The University of the West Indies Five Islands Campus.
- Centre for Climate Smart Strategies – The purpose of this agreement is to establish a close cooperation between CCS and The UWI in order to collaborate on the implementation of the Private Investment Mobilization (PIM) training program in Trinidad & Tobago (the PIM Training Program).
Clinical Trial Agreements
The Office continues to negotiate terms relating to Intellectual Property Rights to enable staff members to benefit from the research conducted on behalf of other institutions. Further, and of paramount importance, the UUCG continues to identify insurance risks and ensure that these agreements are compliant with the University’s insurance provisions and also that the information on data subjects are protected.
These include:
- National Health Fund Project Grant Agreement for Study of Jamaica Salt Consumption, Knowledge, Attitude and Practice (SALT-KAP)
- Agreement with NCU for the Provision of Laboratory Facilities for LIFE Project.
- The UWI and NEWLEAF Inc.; conduct clinical trials/research studies for the “Study Drugs”) Programme.
Public Service
The General Counsel and other Legal Officers of the OUGC continue to serve on a number of internal, national, regional and international bodies including:
Internal
- The UWI’s IP, Naming, Data Protection, Ethics and Voices of the Vice Chancellor’s Committees
External
- National Council on Reparatory Justice, CARICOM Reparations Commission, Forestry Department, Alligator Head Foundation, UNESCO, The Code Project, Caribono, etc.
- Institute of Jamaica
- Alligator Head Foundation
- CARICOM Reparations Committee
