School boards take note: Hate and harassment are not acceptable

In Queeries For the April 14th, 2005 issue of Winnipeg's Uptown newsmagazine

By Gilles Marchildon

 

In the wake of the Gomery inquiry, speculation on the timing of the next federal election and anxiousness about the prospects of equal marriage legislation, the case of Azmi Jubran was barely noticed.

Yet, the case could have a dramatic impact on the way school boards deal with homophobia and possibly transphobia.

The latest court decision underlines the growing preoccupation with bullying, its significant and detrimental impact and the challenges of addressing it.

Azmi Jubran, a student in North Vancouver's Handsworth Secondary School, was nearing the end of his grade 10 when he he'd had enough of the incessant taunting and teasing, most involving homophobic slurs. He felt the school wasn't doing enough to protect him from the harassment and in June, 1996, Jubran filed a complaint with the B.C. Human Rights Commission.

Jubran was the target of extreme taunts and assaults by his classmates. The physical and psychological violence included: spitting, kicking, punching, pushing, shoving, throwing of objects (nails, screws and wood in a woodworking class), burning a hole in his shirt and of course, name-calling - "homo," "faggot" and "gay."

In his grade 11 year alone, the school documented over 12 incidents of harassment reported by Jubran.

Though Jubran had told his fellow students early on that he wasn't gay, the onslaught continued.

Though the school dished out disciplinary punishment following many incidents, the approach was unsuccessful in addressing the root problem.

During the Human Rights Tribunal hearing, evidence was presented to the effect that terms such as "gay", "faggot" and "queer" were not based on sexual orientation but rather, insults or put-downs just like words such as "dork" or "geek." We also know this based on anecdotal evidence from schools across the country.

The above, in addition to Jubbah's declaration that he's not homosexual himself, added a couple of legal wrinkles to the proceedings.

The B.C. Human Rights Tribunal initially sided with Jubran, awarding him $4,500 in damages and ruling against the School Board. That decision was appealed and overturned by the B.C. Superior Court.

But on April 6, the B.C. Court of Appeal (BCCA) overturned the ruling and confirmed the initial decision by the Tribunal.

In its decision, the BCCA confirmed that a person who complains of discriminatory harassment on the basis of sexual orientation does not have to "be homosexual or perceived by his harassers to be a homosexual."

Furthermore, school boards must play an active role, not only addressing individual incidents but providing a safe learning environment, free from harassment.

The North Vancouver School Board's Code of Conduct policy was too vague and failed to specifically prohibit discrimination based upon one's real or perceived sexual orientation.

The Board did not make sufficient attempts to provide preventative anti-homophobia education for all students, despite resources being available from external organizations.

In the context of homophobic bullying taking place in schools, the BCCA decision is a wake-up call to school boards across Canada. Homophobic harassment of students (as well as transphobia, I would add) needs to be taken seriously.

 

Gilles Marchildon is Executive Director of Egale Canada, a non-profit organization that advances equality and justice for lesbian, gay, bisexual and trans-identified people, and their families, across Canada. www.egale.ca