File photo

B.C. teacher not issued certificate lodges human rights complaint after sexual assault charge stayed

To date the TRB has not decided if it will issue him a teaching certificate

An unidentified man who disclosed to the Teacher Regulation Branch that he had been charged with sexual assault but the charges were stayed has filed a human rights complaint against the branch for not issuing him a teaching certificate.

The man made his application to the TRB in December 2016 and his disclosure prompted it to investigate if he was suitable to become a teacher.

The investigation began in February 2017 and concluded last fall, but to date the TRB still has not decided if it will issue him a teaching certificate.

The TRB is part of the Ministry of Education and regulates B.C.’s teaching profession under the provisions of the Teachers Act.

The applicant says the delay amounts to discrimination “on the basis of a criminal conviction unrelated to his proposed profession,” contrary to the Human Rights Code.

“In this case, the applicant strongly disputes the allegations of sexual assault,” Tribunal Member Devyn Cousineau noted in her reasons for decision issued Thursday (March 28). “The alleged incident happened in 2009, over seven years before the applicant applied for a teaching certificate. Charges were laid in 2010 and stayed on the day that the trial was scheduled to begin in March 2011.

“The reason that the charges were stayed appears to relate to the applicant’s fiancee refusing to testify – in his view, because the allegations were false.”

READ ALSO: Surrey Pretrial inmate lodges human rights complaint for not being fed kosher food

READ ALSO: Judge annuls hairdresser’s forced marriage to boss’s relative

The TRB denies any discrimination.

“It argues that the applicant has not experienced any adverse impact in respect of his membership in the profession,” Cousineau said of the TRB, “and that, in any event, a criminal charge for sexual assault is related to the job of being a teacher.”

The TRB asked Cousineau to dismiss the complaint, but she decided it “surpasses the realm of conjecture” and as such decided the complaint should be heard as it “warrants the time and expense of a hearing.

“I stress that this decision is not a prediction about whether the complaint is likely to succeed,” she said.

She also ordered that the tribunal restrict publication of the applicant’s name “until the hearing of this complaint,” a date for which has not yet been set.

“This complaint involves unproven allegations about sexual assault against a person who is applying to become a teacher,” Cousineau noted in her reasons. “If the applicant is eventually granted a teaching licence, in my view it would be harmful to his professional reputation and the interests of his students to have his name associated with these allegations. As such, I have exercised my discretion in this decision to anonymize the name of the complainants,

“This is an interim measure, which will remain in place until the hearing of the complaint,” Cousineau said.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Just Posted

Variable speed limit system coming for Highway 3 near Hope

Congestion based system in testing phase between Chilliwack and Abbotsford by early 2020

IN PHOTOS: Daze of Derby a big hit in Chilliwack

Chilliwack’s NWO Roller Girls hosted its annual day-long roller derby event on the weekend

Cineplex to show free holiday movies to support Boys and Girls Clubs of Canada

Community Day will be on Dec. 7 from 9 a.m. to 11 a.m at select theatres

Chilliwack Players Guild presents beloved classic ‘A Christmas Carol’

The Chilliwack Players Guild brings famous Dickens tale to life at the Chilliwack Cultural Centre

Hope Secondary teacher disciplined for inappropriate contact with student

Female teacher pursued Grade 12 student for friendship even after being rebuked

VIDEO: Disney Plus gives Canadians a streaming platform that nearly matches U.S. version

The Walt Disney Company’s new subscription platform unveiled a comprehensive offering of nearly 500 films

Sex assault charge stayed against Port Moody mayor

Rob Vagramov appeared in provincial court in Port Coquitlam

73% of B.C. residents agree with a temporary ban on vaping products: poll

54% say they would not date someone who vapes, Research Co. poll suggests

B.C.’s 13-cent gasoline gap still a mystery, Premier John Horgan says

NDP plans legislation this month, seeks action from Justin Trudeau

Former Vancouver Canucks player suing financial advisors for negligence

Jason Garrison claimed his advisors failed to take his circumstances into account

Group walking on thin ice at B.C. lake sparks warning from RCMP

At least seven people were spotted on Joffre Lakes, although the ice is not thick enough to be walked on

B.C. teacher said he would use student to ‘whack’ two others on Grade 8 field trip

Campbell River teacher-on-call suspended three weeks after November 2018 incident

Petition to ‘bring back Don Cherry’ goes viral after immigrant poppy rant

Cherry was fired from his co-hosting role for the Coach’s Corner segment on Nov. 11.

Bill Murray dons iconic Hudson’s Bay scarf to watch Canucks game in Vancouver

Murray is in Vancouver to film The Now, a mini-series directed by Peter Farrelly

Most Read