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

Stuck in the muck in a stolen truck

Oceanside RCMP nab suspect after call from Errington logging contractor

Oceanside RCMP: ‘Steal from cars, go behind bars’

Man in custody after pair of vehicles broken into in French Creek; officer breaks ankle during arrest

Large ‘problematic’ tree removed from Qualicum Beach golf course

Lombardy Poplar tree taken down by town, member upset

SD69 students set new mark at Skills BC event

Three elementary schools reach medal podium

RDN to share cost of Parksville’s goose harvest

City asked regional district to pay one-third of $35K expense

VIDEO: Driver in bizarre hit-and-run at B.C. car dealership turns herself in

Police believe alcohol was a factor in incident causing estimated $15,000 in damages

Two in critical condition, several still in hospital after Langley deck collapse

Close relative Satwant Garcha makes daily trips to visit those injured at the wedding

Allegedly intoxicated man arrested after 3 paramedics attacked at Kamloops hospital

Paramedics had transported the man to Royal Inlands Hospital for medical treatment

Canadian privacy watchdogs find major shortcomings in Facebook probe

The probe followed reports that Facebook had let an outside organization use an app to access users’ personal info

Busy day for passengers on BC Ferries

First two sailings from Tsawwassen to Swartz Bay full Thursday morning

B.C., Ottawa talk 50/50 split on abandoned bus-route service

B.C. has paid $2 million on a bus service for the northern part of the province

‘B.C. cannot wait for action’: Top doctor urges province to decriminalize illicit drugs

Dr. Bonnie Henry says current approach in ‘war on drugs’ has criminalized and stigmatized drug users

B.C. woman, 76, challenges alcohol-screening laws after failing to give breath sample

Norma McLeod was unable to provide a sample because of her medical conditions

New report on 2017 wildfires calls for better coordination with B.C. First Nations

Tsilhqot’in National Government documents 2017 disaster and lists 33 calls to action

Most Read