APPOINTMENT CONTRACT

THIS AGREEMENT effective as of the 1st day of July, 2009.

B E T W E E N:
THE BOARD OF GOVERNORS,
THE UNIVERSITY OF WESTERN ONTARIO
(hereinafter referred to as the Board)
OF THE FIRST PART
- and DR. AMIT CHAKMA,
of the City of London in the Province of Ontario
(hereinafter referred to as Dr. Chakma)
OF THE SECOND PART
WHEREAS the Board has appointed Dr. Chakma as President & ViceChancellor of the University (hereinafter called Dr. Chakma), this document sets out
the terms and conditions of the appointment;
NOW THEREFORE WITNESSETH THAT in consideration of the sum of ONE
($1.00) DOLLAR, receipt of which is hereby acknowledged, the mutual covenants and
provisions herein and other good and valuable consideration, the parties hereto agree
as follows:
1.

APPOINTMENT

1.1

The Board has appointed and engaged the services of Dr. Chakma as the
President, and, by virtue of Section 37 of the University of Western Ontario Act,
1982 (hereinafter referred to as the Act), the Vice-Chancellor of The University
of Western Ontario (hereinafter referred to as the University).

2.

TERM

2.1

The Term of this appointment shall commence on July 1, 2009, and shall
continue for five (5) years thereafter until June 30, 2014, unless renewed or
terminated earlier in accordance with the provisions of paragraph 2.2 or 6, as
applicable.

FINAL: July 14, 2009

-22.2

The appointment may be renewed by mutual agreement of the Board and Dr.
Chakma. If Dr. Chakma wishes to be considered for re-appointment to a second
Term, he will so advise the Board during the third year of his appointment in
which case the Board will undertake a Presidential Review following procedures
set out in the Board Resolution entitled Presidential Review dated January 26,
1995 which would be completed so that there could be an agreement between
the Board and Dr. Chakma as to the terms and conditions of a second Term
signed before March 31 of the fourth year of the appointment.

3.

TENURE

3.1

The Board has appointed and engaged the services of Dr. Chakma further as a
full Professor with Tenure at the University in accordance with the policies and
procedures of the University, and at the end of the Term or renewal thereof, Dr.
Chakma will have the option of continuing employment at the University as a
Professor with Tenure. His salary as Professor will be equal to eighty (80%)
percent of his base final salary as President. That salary will be paid for as long
as Dr. Chakma is a full-time member of Faculty of the University. For the
purposes of this paragraph, the Contract End Date shall have the meaning set
out in paragraph 5.1.

4.

DUTIES

4.1

Dr. Chakma shall act and serve as the President and Chief Executive Officer of
the University and as Vice-Chancellor of the University and in so doing shall
exercise all powers and discharge all duties of the said offices as described or
provided in the Act, or as such Act may be amended or replaced during the term
or terms of appointment of Dr. Chakma and as further defined or provided in the
by-laws of the Board or the Senate in effect at the time of appointment or as
these may be amended by the Board or the Senate from time to time, and as
further defined or provided in such policies, conditions, regulations or procedures
of the Board or Senate in effect at the time of appointment or as these may be
amended by the Board or the Senate from time to time, to the satisfaction of the
Board.

4.2

In the exercising of the Presidents powers and while discharging the Presidents
duties, Dr. Chakma shall extend to the University through those offices the full
benefit of his personal academic and administrative knowledge and skill as
herein prescribed, and in accordance with the standards usually associated with
such high office in the administration of a Canadian institution of higher learning,
subject always to the provisions of the Act.

4.3

Without restricting the generality of the foregoing, but as guidance and

amplification thereof, Special Board Resolution No. 10 (Appendix A) sets forth
the current powers and duties of the President and Vice-Chancellor as approved
by the Board on September 26, 1991 and amended April 27, 2000.

FINAL: July 14, 2009; as amended June 23, 2011

-34.4

There will be an annual performance appraisal of Dr. Chakma as set down in

Board resolution Annual Review of the President dated January 26, 1995, as
amended September 28, 2000, and as may be further amended from time to
time.

4.5

During his tenure as President, Dr. Chakma may enter into outside commitments,
directorships or consulting work provided he obtains the prior written approval of
the Chair of the Board.

5.

REMUNERATION AND BENEFITS

5.1

In this section, Contract End Date shall mean the earliest of:
(i)

June 30, 2014,

(ii)

the date Dr. Chakma is notified by the University that his

appointment is being terminated pursuant to section 6,

(iii)

the effective date of Dr. Chakmas resignation pursuant to section

6, or

(iv)

the date of Dr. Chakmas death.

For greater certainty, the Contract End Date shall occur prior to the
commencement of any period of administrative leave or severance provided to
Dr. Chakma pursuant to Section 6.
Pension Start Date shall mean July 1, 2021 or, if later, the date Dr. Chakmas
employment with the University ceases.
Total Disability and Totally Disabled shall have the meanings set out in the
Universitys long term disability plan, as amended from time to time.
Spouse shall be as defined in the University of Western Ontario Academic Staff
Pension Plan.
5.2

The Board shall pay to Dr. Chakma an initial base salary for the first year of the
Term of four hundred and forty thousand ($440,000.00) dollars less applicable
deductions. Thereafter, base salary will be determined by the Board in
accordance with its policies and review processes as may be amended from time
to time for determining the salaries of the senior officers of the University

5.3

Dr. Chakma will be eligible to receive an annual cash bonus in an amount of up

to ten (10%) percent of base salary, as determined in the discretion of the Board,
based on achievements with respect to performance objectives developed by
the Board in consultation with Dr. Chakma. Any bonus will not form part of base
salary.

FINAL: July 14, 2009; as amended June 23, 2011

-45.4

Dr. Chakma shall participate in the Universitys group benefit plans that are made
available to regular full-time members of Faculty from time to time, except that:
(a)

Dr. Chakmas basic life insurance coverage shall be equal to two (2) times
base salary with the premiums to be shared in accordance with the
Universitys group life insurance plan;

(b)

Dr. Chakma may also participate in optional group life insurance at his
own expense which, when combined with the basic group life insurance
plan, will provide a total group life insurance benefit of up to a maximum of
four (4) times his annual base salary; and

(c)

long-term disability (LTD) coverage will provide a monthly LTD benefit

equal to seventy-five (75%) percent of base salary, subject to a maximum
of twenty-four thousand ($24,000) dollars per month, with LTD premiums
being paid by the University.

5.5

Dr. Chakma will participate as a member of The University of Western Ontario

Pension Plan for Academic Staff (the Plan) and will also be covered by the
Universitys Supplemental Pension Arrangement. An amount of five (5%)
percent of base salary will be credited annually on Dr. Chakmas behalf to the
Supplemental Pension Arrangement, over and above the amount credited by the
University to the Supplemental Pension Arrangement as a result of Dr. Chakmas
participation in the University of Western Ontario Staff Pension Plan. This
additional five (5%) percent credit will continue to the Contract End Date and
apply to a payment in cash with respect to administrative leave as provided for in
paragraph 11.1 except as otherwise specified in paragraph 5.7.

5.6

In addition to Dr. Chakmas participation in the Plan, and in the Supplemental

Pension Arrangements described in paragraph 5.5 above, the University will
make additional monthly payments, called the Special Executive Pension, to Dr.
Chakma from and after the Pension Start Date which shall be calculated and
paid as follows:
(a)

Subject to paragraph 5.7, the annual amount of the Special Executive

Pension will be eight thousand, eight hundred and thirty ($8,830.00)
dollars multiplied by the number of years that Dr. Chakma has served as
President, provided that if Dr. Chakma serves as President until June 30,
2014, he shall be granted an additional year effective June 30, 2014. For
greater certainty, Dr. Chakma will not be credited with years of service
under the Special Executive Plan following the Contract End Date.

(b)

It is agreed that if Dr. Chakmas appointment is renewed for a second

term, the Special Executive Pension shall be calculated using a dollar
amount to be specified based on the estimate attached as Schedule 1 to
this Agreement

FINAL: July 14, 2009; as amended June 23, 2011

-5-

5.7

5.8

(c)

Should Dr. Chakma have a Spouse on his Pension Start Date, if he is

survived by that Spouse, the Special Executive Pension shall be payable
to that Spouse following his death, but shall be reduced by one-third from
the end of the month in which the death of Dr. Chakma occurs.

(d)

Should Dr. Chakma die before the Pension Start Date, and have a Spouse
on the date of death, the Special Executive Pension will be paid to his
Spouse commencing on the Pension Start Date. The amount of the
Special Executive Pension shall be determined based on the number of
years that Dr. Chakma has served as President on the date of his death
and the one-third reduction described in paragraph 5.6(b) shall apply

(e)

Special Executive Pension payments shall be made out of the Universitys

general funds, and such payments shall not be secured or separately
held.

(a)

Should Dr. Chakma become Totally Disabled while employed as

President, he shall be covered by the LTD provisions as described in
paragraph 5.4. In addition, for the duration of the Total Disability or such
other period as specified below the following will continue as if he were
actively employed (i.e., topped up, where applicable, to one hundred
(100%) percent of salary).
(i)

participation in benefit plans, with all contributions being made by

the University (except that in the case that Dr. Chakma wishes to
continue participation in the optional life insurance plan, and the
insurer does not grant a waiver of premiums, all such premiums will
continue to be paid by Dr. Chakma himself);

(ii)

participation in the Plan, with all contributions being made by the

University

(iii)

participation in the Supplementary Pension Arrangement, including

the additional five (5%) percent credit described in paragraph 5.5
provided that the additional five (5%) percent credit will only be
continued for the first 24 months in which Dr. Chakma is Totally
Disabled or until the Contract End Date, whichever occurs first;

(iv)

credit for service under the Special Executive Pension arrangement

described in paragraph 5.6 for the first 24 months in which Dr.
Chakma is Totally Disabled or until the Contract End Date,
whichever occurs first.

The University will lease a non-luxury vehicle for Dr. Chakmas use during his
term as President, subject to the appropriate reporting by the University of a
taxable benefit in relation to the personal use of the vehicle.

FINAL: July 14, 2009; as amended June 23, 2011

-65.9

The Board will reimburse Dr. Chakma for the cost of an annual medical
examination, including appropriate tests, at a facility in Canada selected by him.

5.10

Dr. Chakma is entitled to one month of vacation each year. His annual base
salary is inclusive of vacation pay. Other holidays will be provided in accordance
with the policy applicable to senior officers of the University.

6.

EARLY TERMINATION

6.1

Any termination of this agreement prior to June 30, 2014, shall be dealt with in
accordance with this section.

6.2

Early Termination by the University without Cause

The Board may terminate Dr Chakma's appointment as President without cause,
in which case he will be entitled to receive severance pay equal to twelve (12)
months' base salary less applicable deductions in a lump sum. The severance
pay will be in full satisfaction of all claims and demands related to the termination
of employment including contractual, statutory and common law claims. The
University may choose to pay the severance pay in the form of salary
continuation instead of a lump sum. This Agreement will terminate as of the
Contract End Date and Dr. Chakmas employment will continue thereafter as fulltime Professor with tenure in accordance with the terms and conditions of
employment generally applicable to tenured faculty members.
Instead of the severance pay referred to in the preceding paragraph, Dr. Chakma
may elect to take a one year study leave at a salary equal to eighty (80%)
percent of his final base salary as President and to return thereafter to full time
service as a Professor with tenure.. During the study leave, all other employment
terms shall be those generally applicable to tenured faculty members.
If Dr. Chakma does not continue in employment with the University following
termination of his appointment as President under this paragraph 6.2, this
Agreement shall terminate on the Contract End Date with no further benefits or
compensation owing to Dr. Chakma, except as expressly provided in this
Agreement.

6.3

Resignation by the President

Should Dr. Chakma decide to resign his appointment as President without a prior
request from the Board Chair that he do so, he shall be required to give the
Board six (6) months notice of resignation in advance in writing unless Dr.
Chakma and the Board agree on some other period, at the end of which the
appointment as President and this Agreement shall terminate.

FINAL: July 14, 2009; as amended June 23, 2011

-76.4

Early Termination by the University for Cause

If the University terminates Dr. Chakmas employment as President for cause,
the University will pay all amounts on account of base salary owed to Dr.Chakma
up to the date of the termination of his employment and no further amounts,
including compensation, benefits and payments in lieu of administrative leave will
be payable.
The termination of Dr. Chakmas employment as President for cause will not
automatically terminate Dr. Chakmas employment as a tenured Professor which
will only be terminated in accordance with the policies and procedures
established by the University from time to time for the termination of faculty.

6.5

In all cases of early termination pursuant to this section, Dr. Chakma or his
surviving Spouse will remain eligible to receive the accrued pension under
paragraphs 5.5 and 5.6. Dr. Chakma will not earn additional credit under the
Special Executive Pension or be eligible for the five (5%) percent additional credit
under the Supplemental Pension Arrangement following the Contract End Date.
In addition, Dr. Chakma will remain eligible for any administrative leave that has
accrued under section 11 up to the Contract End Date.

7.

GIBBONS LODGE

7.1

The University has Gibbons Lodge available for its purposes. Dr. Chakma shall
be entitled to reside at Gibbons Lodge during his tenure as President, without
charge. For tax purposes, the Board shall establish the annual value of the
rental of Gibbons Lodge at a rate based upon the assessment of the relative
corporate/personal use of the property by the University and by Dr. Chakma and
this annual value will be declared and reported by the University as a taxable
benefit to Dr. Chakma; the amount of such rent may be adjusted from time to
time as may be necessary to comply with the Income Tax Act and regulations
thereunder.

7.2

The Board may enact policies with respect to the use and occupancy of Gibbons
Lodge and Dr. Chakma agrees to observe such policies as may be developed
from time to time.

8.0

PROFESSIONAL DEVELOPMENT

8.1

In recognition of various professional development activities of the President, the

University will provide Dr. Chakma with an allowance of $15,000 per year paid
annually to him.

FINAL: July 14, 2009; as amended June 23, 2011

-89

MOVING EXPENSES & TRANSITIONAL COSTS

9.1

The University will reimburse Dr. Chakma for all reasonable costs, including real
estate and legal fees associated with the sale of his principal residence, up to
twenty-five thousand ($25,000.00) dollars for relocation for Dr. Chakma and his
family in accordance with University policies and practices.

10.

FINANCIAL PLANNING AND LEGAL ADVICE

10.1

The University will provide Dr. Chakma with up to three thousand, five hundred
($3,500.00) dollars per annum, less applicable deductions for financial planning
and/or legal advice.

11.

ADMINISTRATIVE LEAVE

11.1

Administrative leave will be accrued at 2.4 months for each year of completed
employment as President in the Term provided that no accruals will be earned for
any period during which Dr. Chakma is Totally Disabled. Dr. Chakma will be
entitled upon completion of the five (5) year Term to take this administrative
leave or to receive a payment in cash, less applicable deductions, equal to the
base salary in the last year of the Term, to be paid in a manner to be determined
by the University. If Dr. Chakmas contract is renewed for a second Term, these
provisions for administrative leave may be carried forward, with the consent of
the University, to the end of the second Term.

12.

CLUB MEMBERSHIP

12.1

The University will pay the membership fees for Dr. Chakma for a private club,
which is currently the London Club, subject to the approval of the Chair of the
Board.

13.

TRAVEL EXPENSES

13.1

The University will reimburse Dr. Chakma for travel expenses related to his
responsibilities as President upon receipts being provided and subject to the
approval of the Chair of the Board. Expenses of Dr. Chakmas spouse when
accompanying him on business travel will be subject to the prior approval of the
Chair of the Board. For travel outside Canada and the continental United States,
Dr. Chakma may choose to use business class.

14.

GENERAL PROVISIONS

14.1

This Agreement may be amended only by mutual consent and agreement in

writing of both parties and either party may initiate a request for such
consideration by the other.

FINAL: July 14, 2009; as amended June 23, 2011

-914.2

Any notices required hereunder shall be deemed to have been properly given if
delivered personally to Dr. Chakma or to the Chair of the Board of the University
or by mail, if sent by prepaid registered post, addressed as follows:
Dr. Amit Chakma
531 Paradise Crescent
Waterloo, Ontario N2T 2N7

Chair, Board of Governors

The University of Western Ontario
Stevenson-Lawson Building
1151 Richmond Street
London, Ontario N6A 5B8

or to such other address as the parties may from time to time advise in writing.
14.3

All payments herein are subject to deductions required by law.

14.4

This Agreement shall enure to the benefit of and shall be binding upon the
parties hereto, their heirs, estate trustees, executors, administrators, successors
and assigns forever.

IN WITNESS WHEREOF the Board has hereunto affixed its Corporate Seal attested to
by the hands of its proper signing officers, duly authorized in that behalf, and Dr.
Chakma has hereunto set his hand.
SIGNED, SEALED AND DELIVERED IN
THE PRESENCE OF:

_______________________________
Witness
Date: __________________________

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THE BOARD OF GOVERNORS,

THE UNIVERSITY OF WESTERN ONTARIO

Per: ________________________________
Michele Noble
Chair of the Board
Date: _______________________________

Per: ________________________________
Irene Birrell
Secretary of the Board
Date: _______________________________

Per: ________________________________
Amit Chakma
Date: _______________________________

FINAL: July 14, 2009; as amended June 23, 2011