Meeting #9: Round Up (Including Bullying)

In this meeting we discuss human rights complaint resolution process, civil actions, the apprehension of bias, establishing Prima Facie racial discrimination as well as workplace violence, harassment and  domestic violence.

Students

• Can a student file a claim of racial discrimination against a fellow student? (McLennon v. York University [2012] OHRTD 10)
• Can a student get expelled for bullying?  (Zhang v University of Western Ontario [2012] OH No 5723)

Human Rights Complaint Resolution Processes

• What questions does a Tribunal ask itself when considering whether a Senate Committee has dealt appropriately with a human rights-related case involving the expulsion of a student? (Baharloo v UBC [2011] BCHRTD 290)
• What questions does a Tribunal ask itself when considering whether a college has responded adequately to a student's human rights complaint? (Baker v. Brentwood College School [2011] BCHRTD No. 335)

Civil Actions

• How might the tort of "intrusion upon seclusion" be related to human rights? (Jones v. Tsige [2012] ONCA 32 Docket C53577)
• Under what conditions can students sue the University for failing to protect their human rights? (Lobo v Carleton University [2012] ONSC 254)

Apprehension of Bias

• What happens when the chair of a promotions committee is found to be biased against an applicant whom he previously found guilty of sexual harassment and tried (unsuccessfully) to dismiss? (Said v. University of Ottawa [2011] ONSC  6179)

Establishing Prima Facie Racial Discrimination

• Is speculation enough to establish a nexus between differential treatment and racism? (Peel Law Assn. v Pieters [2012] ONSC No 684)
• What kind of evidence does a professor have to provide in order to establish prima facie racial discrimination? (Ogunyankin v Queen's University [2011] OHRTD No 1915)
• What happens when the employer treats two instructors differently based on the same negative evaluation? (Couchie v Ontario (Ministry of Municipal Affairs and Housing) [2011] OHRTD 748)

Workplace Violence, Harassment and Domestic Violence

• What three questions does a Tribunal ask when considering whether it should hear a workplace harassment claim? (Adams v. Big Brother and Sisters of Cornwall and District and Amanda Brisson [2012 OHRTD No 394])
• Can a complaint of workplace violence come within the ambit of the Human Rights Code? (Miekle v. Mississauga Seating Systems [2012] OHRTD no. 148 (Interim Decision))