Five McMaster University faculty members have approached the Ontario Superior Court of Justice to appeal their suspensions.
James Turk, former executive director of the Canadian Association of University Teachers, said the issue began in 2007 when the university hired a new dean of business—Paul Bates.
“He had a number of plans. One was to create a second campus in Burlington, Ontario,” Turk said.
According to Turk, these ideas “were not very popular among the faculty.”
That school year, letters of discipline were issued to several prominent members of the McMaster Faculty of Business.
These faculty members informed Turk that they believed the letters to be “punishment” for publicly disagreeing with the new dean.
The letters were eventually revoked, according to Turk.
Turk said in 2009, an unnamed head figure from the department of human rights and equity approached several senior faculty members with the suggestion that they file a complaint against the new dean.
“He really pressed them hard,” Turk said. “He also went to some of the supporters of the dean and encouraged them to file a complaint against [his] critics.”
Once the complaints were filed, Turk said McMaster “put into effect its tribunal process, where it appoints three ordinary professors who have no training in law, no background in law, [and] no expertise as judges or arbitrators to constitute a tribunal.”
The tribunal then heard these complaints in secret.
“Most of the rules that apply in court proceedings don’t apply there,” Turk said.
At the end of the tribunal process, the dean and his supporters were declared innocent and his critics were found guilty and heavily penalized.
Bates was unable to comment due to the tribunal’s confidentiality agreement.
Patrick Deane, McMaster’s president, said after the report’s release “the University takes seriously its commitment to provide an environment that is free from discrimination and harassment and will not tolerate such behaviour against any member of our community.”
Andrea Farquhar, McMaster’s assistant vice-president (public and government relations), said the tribunal was established “under the University’s anti-discrimination and harassment policy. This is a policy approved by the McMaster Senate.”
Farquhar further refuted Turk’s statement, saying “there was no secrecy. The policy requires that the tribunal is confidential.”
According to Turk, as well as receiving suspension without pay, at least three of these faculty members have been rendered “unable to assume any leadership positions.”
He said they were also banned from the campus grounds.
Turk said one of the members who received a “lesser punishment” was suspended for a year.
“He has health problems, [and] he couldn’t even make use of the McMaster medical service,” Turk said.
President Deane’s statement regarding the tribunal report said he “fully accept[s] the tribunal’s findings, including the various orders and recommendations,” and that “the process of implementing the recommended sanctions” has already begun.
Since McMaster’s tribunal process has no right of appeal, seven faculty members filed for judicial review in May. They will have a court hearing in 2015 to decide whether this appeal was appropriate, according to Turk.
