Concerns about teacher should be directed to authorities, not Facebook: law professor

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This article was published 31/10/2017 (2955 days ago), so information in it may no longer be current.

A Brandon teacher who has spoken out against a male teacher who domestically assaulted her four years ago should work within the system if she believes he’s not fit to teach, University of Manitoba law professor Karen Busby said Monday.

“It’s not a slam-dunk that he’s not fit to be a teacher,” Busby said. “What I want is effectively-changed behaviour, that’s the justice I want.”

Busby, an expert in issues of violence against women, was reacting to a story in Saturday’s Winnipeg Free Press, and does not know the two teachers.

The elementary school teacher did not know her former boyfriend was a teacher in Brandon until she saw his car in the parking lot of a junior high school earlier this month.

She posted details of what he had done to her on Facebook, but told the Free Press that the Manitoba Teachers’ Society union ordered her to delete the post, and allegedly threatened to begin disciplinary proceedings that could lead to her losing her teaching certificate if she continued to speak out.

However, an Education Department official said Monday, “MTS does not have that authority. Only the minister can revoke a teacher’s licence to teach.”

Court records show the man was sentenced to a one-year probationary period for domestic assault that occurred Nov. 10, 2013, when they were living together while attending Brandon University. During that time he was ordered to perform 50 hours of community service, participate in counselling, pay a $100 fine and stay away from his ex-girlfriend.

If the woman believes her ex is not fit to be a teacher, then she should take that allegation to Brandon School Division and MTS, Busby said.

Busby said that victims of violence should be allowed to speak out, and should not have “a gag order” imposed on them.

On the other hand, she said, the court imposed significant penalties and conditions following the conviction. The fact his former girlfriend wasn’t aware he is teaching in Brandon until she spotted his car shows he obeyed the ruling to stay away from her, she said.

“What is it that she wants to have happen?” asked Busby.

Has the man committed similar offences since, or has he changed his behaviour, Busby asked. “Did counselling make a difference, does he realize what he did wrong?” she asked.

“Presumably, criminal-record checks are done on teachers before they’re hired,” she said.

At the legislature Monday, neither Women’s Minister Rochelle Squires nor Education Minister Ian Wishart would comment.

Teachers are licensed through the Education Department’s professional school personnel certification office in Russell.

The Education Administration Act gives the minister the authority to suspend a teacher’s certification “for any cause which the minister deems sufficient,” and then refer it to his certificate review committee. It consists of three people appointed by MTS, three by the Manitoba School Boards Association, two by the Manitoba Association of School Superintendents and two people from the department.

The review committee will conduct a hearing, during which the teacher can speak and have a lawyer present. The minister makes the final decision.

nick.martin@freepress.mb.ca