Good Governance and Canadian universities:  Fiduciary duties of university governing boards and their implications for shared collegial governance.

Theresa Gemma Shanahan

doi:10.22230/ijepl.2019v14n8a861

Good Governance and Canadian universities: Fiduciary duties of university governing boards and their implications for shared collegial governance.

Authors

Theresa Gemma Shanahan York University

DOI:

https://doi.org/10.22230/ijepl.2019v14n8a861

Keywords:

Universities, Board governance, Fiduciary duties

Abstract

Using a legal framework, doctrinal analysis, critical legal analysis, and fundamental legal research and drawing upon legislation, case law, judicial, and scholarly commentary, this article defines the fiduciary duties of Canadian university governing boards given the unique features of the university as a legal entity. Thelegal analysis considers the Canadian university as a corporation, distinguishing it
from other types of corporations, identifying the charitable, not-for-profit, public/private dimensions of universities in Canada, and significantly, considering the judicially recognized “community of scholars” and collegial features of universities. The article argues that all of these features shape the fiduciary duties of governing boards and have implications for shared collegial governance in Canadian universities.

Author Biography

Theresa Gemma Shanahan, York University

THERESA SHANAHAN, LL.B., Ph.D.

Associate Professor, Tenured

Faculty of Education, Faculty of Graduate Studies,

York University, Toronto

2018

Theresa Shanahan is a lawyer. She is an associate professor and former associate dean in the Faculty of Education at York University and is a member of the Graduate Program in Public Policy, Administration and Law. She has published articles and authored numerous national and international conference papers on: education law and policy (K-12 and postsecondary), higher education policy-making, and university governance and decision-making. She is co-editor of: The Handbook of Canadian Higher Education Law; The Development of Post-secondary Education Systems in Canada; and Making Policy in Turbulent Times: Challenges and Prospects for Higher Education. Current research projects include: understanding the fiduciary duties of governing boards in Canadian publicly funded universities; policy enactment of teacher professionalism; and risk management, student discipline and school safety in Canadian education.

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Published

2019-02-07

How to Cite

Shanahan, T. G. (2019). Good Governance and Canadian universities: Fiduciary duties of university governing boards and their implications for shared collegial governance. International Journal of Education Policy and Leadership, 14(8). https://doi.org/10.22230/ijepl.2019v14n8a861

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Issue

Vol. 14 No. 8 (2019): Good Governance and Canadian Universities: Fiduciary Duties of University Governing Boards and Their Implications for Shared Collegial Governance

Section

Special Issue

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