Hamilton female wrestlers discriminated against at Ontario’s high school sports championship: tribunal

An Ontario human rights tribunal has ruled the Ontario Federation of School Athletic Associations (OFSAA) discriminated against a Hamilton high school girls' wrestling team on the basis of sex when it gave a boys' winning team a plaque but not the girls.

OFSAA did not appreciate the importance of the plaque to the girls' team, that it was a symbol of the hard work of women playing a male-dominated sport, a marker of their accomplishments both past and present, and a form of inspiration for that reason," read the June 3 decision.

In March 2018, Bishop Ryan Catholic Secondary School's girls' wrestling team won the provincial high school championship in Windsor. Brampton's Turner Fenton Secondary School team won in the boys' category. Bishop Ryan won the overall championship (boys and girls combined), as it was the school with the highest total points.

The ruling states that when it came time for both teams to celebrate their wins and have a photo taken, only the boys from Brampton were given a plaque - not the girls.

Speaking to The Spectator, Bishop Ryan head coach Sheldon Francis called the ruling vindicating" and one of many recent examples of female athletes fighting to get recognition."

It's nice to know that we were right to fight for it," Francis said. Our girls deserve to be treated better."

The reason why the plaque wasn't given out was either simple or complicated, depending on who the tribunal asked.

The ruling states OFSAA had decided four years earlier that once the inscription spaces on plaques were full, it was going to retire the plaques and have them remain at the last school to win. It was too much of a hassle to get plaques back from the previous year's winner and give it to the next year's winner, OFSAA said.

In 2018, both wrestling championship plaques - one for boys and one for girls - were full.

So why did the boys get the plaque?

During the incident in question, a parent/coach decided on their own accord, to place a retired award in a photo for the winning boys' team," an official from OFSAA said in an email to The Spectator. OFSAA was not consulted nor did it sanction or participate in that decision."

We respect the tribunal's process and its decision, however, we are disappointed in the outcome," the statement from OFSAA said. OFSAA is committed to the advancement of gender equity; a commitment that is clearly reflected in our policies and rules for awards.

We regret that the Tribunal failed to distinguish between the actions of OFSAA and those of an independent third-party. Nevertheless, we remain committed to the advancement of gender equity and will continue to ensure OFSAA championships foster an inclusive, competitive and equitable environment for all participants."

But the tribunal decision suggests there was more to it.

For instance, despite the girls' and boys' plaques being filled in 2015 and 2016, respectively - with Turner Fenton's girls' and boys' teams securing those wins and last inscription spots - both plaques were presented to winning teams in later years, despite them being full.

Turner Fenton's boys' team won it again in 2017 and 2018. Pickering High School's girls' team won it - and was presented it - in 2017. Both the boys' and girls' plaques were physically present at the 2018 championship, returned by the schools so they could be awarded to the next winner," the ruling states.

But no one handed the plaque to the girls when it was time for their photo. A Windsor teacher, who was the convenor of the championship, later told one of the Bishop Ryan coaches about the decision to retire plaques. This was the first time the coach had heard of the decision.

After the championship, two Bishop Ryan coaches complained to OFSAA about the boys getting a championship plaque and the girls not getting a plaque." Some Bishop Ryan parents also complained.

For months, OFSAA and the coaches emailed back and forth on the issue. The coaches said they were unaware of the plaque-retiring decision, which OFSAA said it made - for all sports, not just wrestling - in 2015. Banners were still being handed out at championships, OFSAA said. Both the girls' and boys' teams received banners in 2018.

In June 2018, Bishop Ryan's coach, Francis, wrote an email to OFSAA with comments to the effect of: the reason the girls' parents were so very upset was because instead of getting an apology as to why their daughters' human rights were violated, they were ignored, or excuses made and commands to let it go,'" according to the ruling.

We might be overreacting at the fact that the male-dominated OFSAA staff, male-dominated advisory council, in a male dominated sport treated the girls' team differently than the boys' team, and when asked why that happened it was met with a vague promise that something might be done, later and victim blaming," Francis wrote.

The ruling decision states the gender of the applicants was a factor in the decision not to award them the team plaque at the 2018 wrestling championship."

OFSAA implemented its decision to retire plaques for the first time at this championship. The only team impacted by this decision was the girls' team. OFSAA took overt steps during the awards ceremony to ensure the girls' team would not be awarded the team plaque. It did not take similar steps for the boys' team."

During the hearing, the applicants - five Bishop Ryan team members - asked for the following: $10,000 each; $5,000 for each of their team members; a donation to the wrestling team; human rights training; updating OFSAA's gender-equity policy; the appointment of an equity ombudsperson; reinstatement of the team plaque; attendance at the next in-person OFSAA awards ceremony, public and individual apologies; and a human rights audit.

Among the adjudicator's orders, OFSAA must: pay each applicant $1,000; award the Bishop Ryan 2018 wrestling team with the girls' championship plaque at the next in-person OFSSA wrestling championship; and retain a consultant with expertise in gender discrimination to provide training to the convenors, staff and committee members.

Katrina Clarke is a Hamilton-based reporter at The Spectator. Reach her via email: katrinaclarke@thespec.com