Article 5KE7H ‘Frivolous’ HWDSB investigation into harassment complaints cost nearly $25,000

‘Frivolous’ HWDSB investigation into harassment complaints cost nearly $25,000

by
Katrina Clarke - Spectator Reporter
from on (#5KE7H)
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A Hamilton teacher says the public school board wasted" nearly $25,000 investigating frivolous and vexatious" workplace harassment complaints against her and another teacher - both lodged by an embattled school board trustee.

The Hamilton-Wentworth District School Board (HWDSB) released the total cost of the two investigations - $24,518.41 - to The Spectator this week.

HWDSB trustee Carole Paikin Miller filed the two workplace harassment complaints against teachers Anthony Marco and Alice Smith in February after the two posted comments on social media, some of which referenced Paikin Miller's stance on not wanting to eliminate a now-cancelled controversial police-in-schools program. Smith's posts also included allegations of racism. The board hired a third-party investigator - a lawyer - to conduct the two investigations.

Both investigations found the teachers did nothing wrong.

Frankly, it makes me sick to think that the board wasted all that money on what was clearly a frivolous and vexatious complaint," Smith said in a statement to The Spectator. In real terms, that money could have paid for a part-time educational assistant for one of our students."

The school board did not comment on Smith's response and said it can't speak to individual cases.

Board spokesperson Shawn McKillop did say: All allegations against a staff member are reviewed by our human resource division staff. All allegations are reviewed and investigated based on our policies and procedures - informally or formally."

Asked if it is standard practice to bring in a third-party investigator, McKillop said human resources staff handle the majority" of complaints.

When there are more complex cases, third-party experts are at times contracted," he said.

He added that outcome of the two investigations will help us have clarity moving forward in terms of how to respond to similar allegations."

Paikin Miller's conduct came under intense public scrutiny this year after a board-commissioned report backed up allegations of racism levelled at her by a former student trustee. Trustees later voted to ask her to resign. To date she has not. Paikin Miller did not respond to a request for comment for this story.

This incident is just further proof that Carole Paikin Miller does not have the interests of our students at heart," Smith said. Her conduct - as outlined in the independent investigation, the waste of board finances through her filing of such spurious complaints, and her refusal to even apologize for the harm she has caused - makes her unfit for public office."

Smith and Marco - the other teacher under investigation - have criticized the board for encouraging employees to call out about racism but privately investigating them for doing so.

No employee should be accused of harassment and bullying when they're calling out racism," Marco previously told The Spec. He said he did not want to comment on board finances for this article.

Daryl Jerome, president of the local bargaining unit for the Ontario Secondary School Teachers' Federation, said he could not discuss the teachers' investigations but he called both teachers strong social activists that care deeply about equity issues."

McKillop said in his statement that an ongoing board governance review will include an upcoming whistleblower policy." The board does not currently have such a policy.

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

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