Halton school board says it can’t impose dress code for teachers
The Halton public school board says it can't implement a teacher dress code - in part because it would open it to considerable liability" - despite numerous complaints about an educator at Oakville Trafalgar High School who wears oversized prosthetic breasts with protruding fake nipples.
In a report presented to trustees on Wednesday, the Halton District School Board's director of education and its superintendent of human resources said that such a move could violate the human rights code and that, in any event, new rules can't be considered at the moment because of current collective bargaining with teacher unions.
The Ontario Labour Relations Act imposes a statutory freeze' during the period when there is no governing collective agreement, which prohibits employers from altering working conditions during negotiations," said Sari Taha, the board's superintendent of human resources.
In consideration of this, and the board's obligations under the Ontario Human Rights Code, the (board) has advised (trustees) that even if a dress code is implemented for non-discriminatory reasons and in good faith, it would likely be found to be discriminatory," Taha added.
As a result, even a truly reasonable and non-discriminatory dress code or grooming standards would most likely fail to achieve the (board's) intended goal of being an employer that fosters a culture of professionalism, respect, equity and inclusion."
In September, trustees passed a motion asking director of education Curtis Ennis about the feasibility of introducing a dress code for teachers. One already exists for students.
The report says policies which impose different grooming standards on men and women, or which place additional burdens on members of one gender, will quite often be deemed unenforceable."
While employers are allowed to establish them, a human rights' tribunal has likewise acknowledged that an employer cannot establish standards which, in their application or administration, result in differential treatment on the basis of a protected ground."
It goes on to say that it is important to recognize the impact that dress code policies can have on members of the transgender community. Most notably, it is important for employers to make allowances to ensure that these employees are able to express themselves in accordance with their lived gender."
In September, video of the high school shop teacher at the east-end Oakville school went viral, showing her in a tight top wearing huge fake breasts. The controversy made headlines around the world and prompted a number of protests at the school.
The board said there have been no protests at the school in the last several weeks.
Education Minister Stephen Lecce has asked the Ontario College of Teachers to review professional conduct for teachers in light of the Halton controversy.
The college's review, which has been completed, is expected to cover some discussion of a standard dress code or expectations or a tightening of ethical standards, which currently state teachers must uphold the honour and dignity of the teaching profession."
Students have said it is unfair that they have to follow dress code rules, but teachers don't. Their dress code prohibits clothing that exposes or makes visible genitals and nipples."
A Star survey of school boards across the province found that most do not have staff dress codes.
Lecce has said that in this province, in our schools, we celebrate our differences," but we also believe there must be the highest standards of professionalism for our kids."
Kristin Rushowy is a Toronto-based reporter covering Ontario politics for the Star. Follow her on Twitter: @krushowy