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ARTICLE · 05 FEBRUARY 2015

School Board Found Liable For Student’s Harassment Of A Teacher

Miller Thomson
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This decision is noteworthy for Ontario school boards in that it clearly establishes that school boards can be held responsible for the discriminatory actions of third parties, including its students.

CanadaEmployment and HR
Gillian Tuck Kutarna
Gillian Tuck Kutarna
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In the recent case of Malko-Monterrosa v. Conseil Scolaire Centre-Nord1, the Alberta Human Rights Tribunal recently heard a complaint filed by Ms. Malko-Monterossa, a teacher who alleged that the Conseil Scolaire Centre-Nord discriminated against her on the grounds of race, colour, gender and ancestry when it failed to protect her from a prolonged campaign of harassment by a student of the school board.

Stating the test for workplace harassment as "unwelcome conduct related to prohibited grounds of discrimination that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment2" the Tribunal found that the student's actions in this case clearly met the test.

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