Rights board vindicates gay N.S. teacher

Ruling says she was falsely targeted with allegations

of molesting a student

 

JANE ARMSTRONG, globeandmail.com from the Web, May 14, 2006

 

HALIFAX, N.S. May 12 -- A Halifax high-school teacher, whose career unravelled after she was accused of sexually molesting a teenage student, has been vindicated by a human-rights board, which has ruled she was falsely targeted because she is gay.

In a strongly worded, 40-page ruling, Walter Thompson, chairman of the Nova Scotia Human Rights Commission, ordered the Halifax Regional School Board to pay $27,375 in damages to physical education teacher Lindsay Willow.

Ms. Willow said she was "numb" when she learned she had won her case, but later moved by the words of Mr. Thompson in his judgment, adding that they encapsulated "everything that I was trying to say."

Ms. Willow, 32, said her once-promising career came to a halt in the fall of 2000, when she was spotted by a fellow teacher leaving a washroom with a female student.  Ms. Willow maintained the two were washing their hands after moving heavy equipment.

But her colleague, John Orlando, suspected Ms. Willow was abusing the Grade 12 student.  Mr. Orlando reported the scene to a colleague and eventually the principal, who called police.

Mr. Thompson agreed with Ms. Willow's assertion that her colleagues suspected abuse because she is gay.  "The circumstances were not suspicious.  They were innocent," he wrote.

In his decision, Mr. Thompson had harsh words for Mr. Orlando, school principal Gordon Young and the Halifax Regional School Board for allowing tensions to fester.

"The construction of [events] as indicative of a sexual assault demonstrates, in my view, an element of discrimination played a role in Orlando's motivation for making an allegation against Willow."

"I cannot fathom [Mr. Orlando's] thinking," Mr. Thompson said.  "I am driven reluctantly to the conclusion that prejudice was at least a factor in his decision ..."

Mr. Thompson said Mr. Young should not have called in police without first interviewing the student.  Afterward, when police found no evidence of sexual abuse, the principal should have apologized.

Instead, Ms. Willow said her career faltered because of the unfounded allegations.  She said she was stripped of her extracurricular duties and her classes were monitored by Mr. Young.

The Halifax Regional School Board said it will issue a written apology to Ms. Willow.  Superintendent Carole Olsen said she called Ms. Willow yesterday and plans to meet with her.

"I apologize unreservedly to Ms. Willow," Ms. Olsen said.  "I accept that she has suffered as a result of being wrongly accused of an impropriety with a student."  She said she expects Mr. Young to keep his position with the board.

Ms. Willow said yesterday her legal and counselling bills totalled about $90,000.  She believes the school board should pay the balance of those bills.  She said the stress of the allegations affected her personal life; she became reclusive, lost weight and suffered depression.

Mr. Orlando retired in 2005.  Mr. Young has an administrative position with the school board.  Ms. Willow said she thinks Mr. Young should be removed.

 

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