Implementing an Expedited Policy Approval Process

The Policy Ask

In June of 2025, the Alberta Government introduced a new Fairness and Safety in Sport Act ( (hereafter referred to as the "Act”) and accompanying regulation.

Google Gemini (an AI tool) summarizes the legislation in the following paragraph:

"Fairness and Safety in Sport policies are regulations, particularly in Alberta, Canada, designed to ensure integrity, equity, and safety in sports, especially for female athletes. These policies, such as Alberta's Fairness and Safety in Sport Act and its accompanying Regulation, require sports organizations to implement rules and procedures for athlete eligibility and participation. The Alberta Act specifically mandates policies that limit eligibility for female-only divisions to biologically female athletes, aiming to protect the integrity of women's sports while also seeking to provide avenues for transgender athletes' meaningful participation."

The government made it clear that Post-Secondary Institutions fall under the Act and regulation, and that we had to have a Board-approved policy in place by September 1, 2025.

Now, I’m sure most of you can immediately spot the challenge of being told in June that you need a Board-approved policy in place by September 1. Our Board of Governors meetings follow the academic calendar and we do not have any regularly scheduled meetings between June and September. Our standard policy approval process includes a 30-day community consultation period and we try our best to ensure that consultation happens during the academic year when faculty and students are on campus.

The Challenges

So, what did we do? We first turned to our trusty Policy on University Policies and Procedures, which did already include a process for expedited policy approvals. Our Policy on Policies currently states:

EXPEDITED POLICIES

1.1 In extraordinary circumstances calling for urgent action, such as a change in federal or provincial law, a significant and immediate financial opportunity, or a major institutional risk, the President may revise or put into effect a Policy without prior presentation to or consultation with the University’s Board of Governors which would otherwise be required.

1.2 If a Policy is revised or put into effect by the President in extraordinary circumstances, the University Secretariat will notify Employees in a timely manner.

1.3 Any Academic or Management Policy put into, or taken out of, effect in such a manner must immediately enter a normal development process in accordance with the Policy Framework.

However, this still left us with some issues. This expedited process provides approval authority to the President, but the Act and legislation required a Board-approved policy. We were also concerned about our ability to truly follow a normal development process after the fact when the Act and legislation had clear requirements about the policy content.

The Solution

Knowing we didn’t have a lot of time, the Associated General Counsel and I quickly took action, working closely with the executive who oversees our athletics department, to draft a policy and procedure that complied with the Act while minimizing administrative burden and protecting athlete privacy and confidentiality.

We also engaged in conversations with our President and University Secretary to consider ways to bring this policy forward for approval given the challenges outlined above. In the end, we decided a special meeting of the Board’s Governance and Nominating Committee in August would be the best approach, followed by community engagement activities in September.

The Board’s Governance and Nominating Committee Terms of Reference permit them to “act on behalf of, and with the full authority of the Board on matters that arise between regularly scheduled Board meetings.” We held a special meeting of the Governance and Nominating Committee at the end of August, at which time they approved the Fairness and Safety in Sport Policy and Procedure on behalf of our university’s Board of Governors. This allowed us to meet the Act and legislation requirement to have a Board-approved policy in place by September 1st.

Now, we were left with the challenge of how to address community engagement without the ability to conduct a formal consultation process. Again, through conversations with our University Secretary and the executive who oversees our athletics department we decided we would bring the new Fairness and Safety in Sport Policy and Procedure to various formal governing bodies of our institution for information and discussion [which includes Deans Council and General Faculties Council (our version of an academic Senate)], invite our campus community to share feedback with us about the anticipated impacts of the policy, and then share all the feedback collected with our Board of Governors.

Next Steps

This was the first time we had to use our Expedited Policy process in this way. As a result, we are now reassessing the language we have in our Policy on University Policies and Procedures to allow for greater flexibility should we find ourselves in this situation again in the future. We will propose changes to the language to allow the Board or President to approve new policies without following the Policy Framework and create a mechanism for receiving community feedback on policies approved through this expedited process. With these proposed changes, we can be allowing us to be nimble and flexible in the future and still ensure transparency with our university community.

Complicated, but has a Positive Impact

The summer of 2020 was tumultuous for many reasons. Our campuses were trying to respond to increased racial tensions, managing the pandemic, and we were working hard to make changes as a result of the new Title IX regulations that would keep our campuses compliant.

The Title IX regulations that took effect on August 14, 2020, had a significant impact on the manner in which our campuses investigate and address claims of sex discrimination and harassment. Until now, there have been no binding federal regulations related to sexual harassment under Title IX, only administrative guidance issued by the Department of Education’s Office for Civil Rights.

The new regulations expanded the requirements for Title IX grievance procedures, which required significant policy and procedure revisions, and training. Below are a few of the 2020 changes:

 

• Narrowed the definition of sexual assault under Title IX
• Limited the obligation to investigate complaints only to conduct that occurred in the college’s program or activity (and not to unrelated off-campus conduct)
• Mandated response obligations of colleges (i.e., providing supportive measures)
• Provided more detailed grievance procedures
• Made hearings optional
• Allowed colleges to choose what standard of evidence to use (e.g., the preponderance of evidence v. clear and convincing)
• Required colleges to offer both parties an appeal from a determination regarding responsibility
• Implemented an evaluative/vetting process to ensure that the Title IX Coordinator, investigator, decision-maker, or any person designated by a recipient to facilitate an informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent
• Required training for Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process

These changes were greeted with much consternation and controversy on many campuses. We have been operating under the new regulations for one year now while still navigating a global pandemic. If, for a moment, we review the Title IX guidelines through a historical lens, there is a complicated but positive impact. When you look around our campuses today, you will see a very different view than what you would have seen in the early 20th century. American society had a definite idea of what a woman's life should look like: wife, mother, homemaker. Women were generally not considered equals. They were expected to marry and raise children, not go to college. Those who did go to college were only allowed to participate in certain fields, such as teaching, nursing, home economics, child development, or social work.

Fast forward to 1972, as part of the Education Amendments of 1972, Title IX effectively leveled the playing field. Title IX prevents discrimination based on sex, ensuring that no person in the United States will be excluded from participation or from receiving benefits while pursuing an education in any program receiving federal financial assistance. In a historical context, Title IX became a triumph for women and girls who faced more gender barriers and restrictions than men. However, it is a common misconception that Title IX is for girls and women. The law actually benefits everyone, because it effectively eliminates discrimination based on gender--female, male, transgender and gender nonconforming.

It is crucial to understand different perspectives of what the August 14, 2020, regulations mean for students and the changes that campuses had to make. As stewards of education, we must ensure the best experience possible for our students, faculty, and staff. In the coming weeks, as we start the new academic year, please remain dedicated to learning about Title IX and brushing up on regulations periodically so that you can provide a safe and equitable learning environment for all who seek it. Our chapter in history depends on it.