HWDSB issues sanctions against 2 trustees - and recommends 1 resign - in equity scandal

After a month of public scrutiny, Hamilton-Wentworth District School Board (HWDSB) trustees voted to issue sanctions against two of the four trustees named in an independent report after complaints of racism and exclusion from a former student trustee.

They also unanimously recommended that one trustee — Carole Paikin Miller — resign.

Paikin Miller already faces sanctions that include censure, a call to publicly apologize, and more training on equity, governance and anti-racism. She's also barred from sitting on any committees until December 2021. 

This comes after allegations that she made anti-Muslim remarks, had a poor attitude at human rights and equity advisory committee meetings, and said comments to the effect of "all lives matter."

Vice-chair Cam Galindo, who represents Stoney Creek, said Paikin Miller (Ward 5, Centennial) is "unqualified" to be a trustee.

"The actions of this individual go against our principles of equity and the application of human rights, decolonization, anti-racism, and anti-oppression principles," Galindo said.

"The board will have difficulty moving forward if this trustee remains in office."

Paikin Miller wasn't at the meeting and hasn't responded to request for comment. 

At Thursday's meeting, trustees Maria Felix Miller and Paul Tut, and student trustee Ethan Hesler, also criticized Paikin Miller.

Chair Dawn Danko, meanwhile, said the recommendation to resign is "the most serious reprimand possible" and acknowledged the negative impact of Paikin Miller's actions. But she said she felt uncomfortable asking for a resignation because the board should focus on education and changing behaviours.

Trustee Ray Mulholland also left the meeting shortly before voting on Paikin Miller's sanctions.

Johnstone steps down from committees

Four of the allegations against former chair Alex Johnstone (who was present at the meeting but only as an observer) violated the code of conduct. Two of the allegations, Danko said, had "very negative" effects but were an "error of judgment in good faith" and didn't require sanctions.

But Johnstone was found to have violated the code of conduct for not stopping comments from trustees who said things to the effect of "all lives matter" while discussing the end of the police liaison program.

She was also found to have violated the code of conduct for preventing former student trustee Ahona Mehdi's motion to end the police liaison program.

The sanctions against her include:

• Receiving a formal letter of censure.
• A request to officially apologize.
• Doing more training on equity, governance and anti-racism.

Johnstone said she was "truly sorry" for her actions, saying she tried to apply the rules equally to everyone, but should have applied them equitably.

She also said she has taken a number of actions since then, including:

• Not running for re-election as chair of the board.
• Stepping down as chair of HWDSB's finance and facilities committee.
• Stepping down as chair and member of a provincial committee (OPSBA-OSTA liaison committee).
• Reaching out to the Ontario Anti-Racism Directorate to help the board.
• Arranging anti-racism and anti-oppression training for trustees.
• Seeking unconscious bias training from the Kojo Institute.

"I have learned that it is not enough to assume the status quo is working," Johnstone said.

"I am deeply committed to doing what I can to improve both the board and myself by keeping experts and our community partners close."

Still, Galindo, Tut, Miller, and Hesler all opposed the decision and wanted harsher sanctions.

Trustees Becky Buck and Kathy Archer (present in the meeting as observers) were also named in the report, but were not found to have violated the code of conduct and won't face sanctions.

Galindo, Tut, Miller, and Hesler also opposed that decision.

Buck and Archer did not respond to a request for comment.

Sanctions come months after allegations surfaced

The code of conduct violations and sanctions came after Mehdi shared concerns about her experiences on Twitter in August 2020, calling it "the most patronizing experience of my life."

The board hired a third-party investigator, Toronto law firm Koskie Minsky, to conduct an investigation.

Initially, trustees voted not to sanction themselves, and to remove their names from a public report about the findings. Of the trustees named in the report, only Johnstone declared a conflict of interest. 

Johnstone also apologized at the time. Through a paralegal, Archer said last month she respects the findings of the report and believes "there is no further discussion necessary going forward."

Buck and Paikin Miller haven't publicly responded. 

Danko, after the Thursday meeting, apologized to the community and Mehdi.

"We know this process has been lengthy and frustrating for many in our community, and for that we apologize. The investigator's report clearly details that we failed to create a supportive and accepting environment for Ahona Mehdi," Danko said in a statement after the meeting.

"HWDSB must invest in immediate and long-term efforts to address and eliminate systemic and anti-Black racism in our schools, workplace, and community at large."

Trustees reviewed updates to the board's goal of implementing 12 recommendations from the independent report during a Tuesday special governance committee meeting.

A draft report showed all of the recommendations should be incorporated by next summer, though most are expected to be implemented before then.

Read the full report here: