A former acting executive superintendent has filed an Application with the Ontario Human Rights Tribunal alleging “constructive discrimination,” after Education Minister Stephen Lecce approved Robert Hofstatter as director of education for the York Catholic school board.

Debbie Kasman, who also worked as a student achievement officer at Ontario’s ministry of education, says, “Given the current educational climate, the York Catholic school board should have hired a director of education with a strong background in academic instruction, equity and anti-oppression, not a director with a background in business and technology with limited teaching experience in a private all boys school only.”

Kasman believes the decision to approve the York Catholic DSB’s hiring decision will have an adverse effect on the racialized students and employees in the YCDSB and in other school boards across the province.

In November, York Catholic high school students walked out of classes to protest what they say is persistent, often unchecked racism in their schools, and called for a hiring process that will see better representation among school board staff, mandatory anti-Black and anti-Indigenous racism training, and mandatory teacher evaluation audits.

“Minister Lecce knew, or ought to have known,” Kasman added, “that his approval of Hofstatter’s appointment would have an adverse affect on racialized students in the board.”

Minister Lecce approved Hofstatter’s appointment on January 19, 2021, six months after he amended the Education Act to allow for the hiring of more diverse directors of education.

"Our aim is to expand the hiring pool so that school boards can better identify and recruit qualified and diverse directors of education" that possess the leadership, and experience to "ably run complex multi-million dollar organizations, responsible for tens of thousands of staff," Lecce said in an emailed statement to the Toronto Star at the time.

The approval also comes on the heels of a letter the human rights commission wrote to Minister Lecce in June saying the commission was very troubled by the Peel school board review and the significant human rights issues that were raised, and calling on Minister Lecce for decisive action to ensure schools boards across the province learned from and implemented elements of his Directions to Peel.

Kearie Daniel, a founding member of Parents of Black Children, and a parent with children in the York Catholic board, told the Toronto Star that Robert Hofstatter’s appointment “speaks to white privilege, it speaks to male privilege, and it’s an indication that the trustees are not equipped to do their jobs. It’s downright dangerous, extremely frustrating and heart-wrenching to know our children are in the hands of people who are not capable of making the right decisions for them."

In a previous human rights filing, Kasman alleged that she, too, encountered constructive discrimination, when the Kawartha Pine Ridge DSB failed to appoint a female superintendent to its senior leadership team at a time when the leadership team was significantly gender imbalanced. “That had an adverse effect on the female students and employees in that board,” Kasman said.

Kasman has asked the Tribunal to expedite her Application. She says a great deal of harm will result from Hofstatter’s appointment if her Application is not expedited because other school boards will see this as an opportunity to hire white male directors of education with no supervisory officer qualifications, no principals’ qualifications, no demonstrated knowledge and experience with equity, and no teaching qualifications.

“This will impact Black, Muslim and Indigenous students, including the approximately one million female students in Ontario schools, and this will erode and eventually destroy the public education system in Ontario as we know it.”

Kasman does not wish to go through mediation or a lengthy trial. She wants the Tribunal to immediately make a summary judgment based on the evidence as presented.

Both Applications are currently before the Tribunal.

If Minister Lecce and the York Catholic board are found guilty of constructive (adverse effect) discrimination, Kasman has asked the Tribunal to order the YCDSB to rescind its appointment of Robert Hofstatter and return to the hiring table to find a racialized director of education with a strong background in academic instruction, equity and anti-oppression, preferably female.

Kasman also asked the Tribunal to order the Ontario government to immediately replace Minister Lecce as Education Minister with someone who is more qualified to deal with systemic discrimination and other pertinent educational matters.

“If there are no MPPs who fit the bill, then I’ve asked the Tribunal to immediately appoint a Supervisor who is qualified and experienced, to oversee the Ministry of Education, without government interference,” Kasman added.

“I have nothing against Minister Lecce or Premier Ford, but our students deserve to have experts who know what they are doing at the helm of our education system.”

Kasman believes the current trustee model of governance is also a critical factor. She has also asked the Tribunal to order the ministry of education to hire a qualified third-party to review the effectiveness of Ontario’s school board governance model as it pertains to systemic discrimination, constructive discrimination, anti-Black racism, human resources practices, board leadership, and governance issues in school boards across Ontario.

“Race and gender discrimination are a historical and institutional problem,” Kasman says. “There can be no tinkering around the edges. Any effort to reform schools must deal with the nature and allocation of power,” she added.

“It’s time for a seismic shift, an atmospheric pressure drop within the education chamber. This will create a vacuum, which will hopefully allow a Supervisor and a team of advisors to step in,” Kasman said.

Kasman gave Minister Lecce and the Chair of the YCDSB a courtesy email alerting them to her Application. Neither have responded or acknowledged receipt of the email.

Dr. Derek Haime, Registrar and Chief Executive Officer of the Ontario College of Teachers, which was also named as a respondent, replied on Monday, March 1, 2021 acknowledging receipt of Kasman’s email.

The other respondents – the Ontario Principals’ Council, the Kawartha Pine Ridge District School Board, and the Ontario Public School Boards’ Association – have not responded.

[Update: On April 7, 2021, the York Catholic DSB issued the following statement:

“On behalf of the Board of Trustees, please be advised that Mr. Robert Hofstatter is no longer serving as the Director of Education for the York Catholic District School Board.”

On May 5, 2021 Patrick Case, Chief Equity Officer and Assistant Deputy Minister at Ontario’s Ministry of Education reached out for a telephone conversation. He said he was hopeful some big changes would be announced within the next few months.

There were no big changes announced — unless you count the fact that on June 25, 2021, the York Catholic DSB trustees appointed another white male director of education. (Minister Lecce approved that appointment, too.)

Then on September 7, 2021 the Ministry of Education announced it was seeking input from the public on how to strengthen accountability for school board trustees.

On November 1, 2021, the Ontario Human Rights Commission (OHRC) wrote to Minister Lecce in response to the consultation on strengthening accountability for school board trustees, noting the Commission was particularly interested in measures to ensure trustees are held accountable if they fail to fulfill their legal obligations under the Ontario Human Rights Code (Code).

The OHRC noted it is concerned about reports of trustees engaging in discriminatory conduct including making homophobic, Islamophobic and racist comments, stating it is “particularly troubling when such behaviour is exhibited by education leaders entrusted with the responsibility to ensure school systems uphold and champion human rights.”

The new Chief Commissioner, Patricia DeGuire, wrote:

The minimum standards for codes of conduct should require school board trustees to respect, protect and promote human rights at the board and throughout the education system they govern. They should state that school boards and their trustees have a legal duty under the Code to maintain an inclusive environment, free from discrimination and harassment for trustees, student trustees, board staff, students, parents and guardians and members of the public. Boards and their trustees must take steps to prevent and respond appropriately to violations of the Code or they may be held “liable” and face monetary penalties or other orders from a tribunal or court.

To support these minimum standards and Code obligations, all board members should be required to successfully complete Ministry-approved education and training on human rights. Required training should include anti-racism, as well as content on Indigenous (First Nations, Métis and Inuit) cultural sensitivity and cultural safety that is developed and delivered by the Indigenous communities served by their board.

The OHRC calls on the Ontario government to undertake any legislative, regulatory and/or policy changes necessary to implement these recommendations.

You can read the Commission's full letter to Minister Lecce here:

http://www.ohrc.on.ca/en/news_centre/ohrc-submission-ministry-education-consultation-strengthening-accountability-school-board-trustees]