Sudbury couple still fighting school board ban four years later
Dylan and Anita Gibson have not been able to enter the Rainbow District School Board office since 2012
As the Rainbow District School Board in Sudbury decides how it will fill a vacant trustee position, many are pointing to the runner up from the last school board election as a logical choice.
However, Anita Gibson and her husband have been banned from entering the board office or any high schools in the board since 2012.
The Gibsons started attending school board meetings at that time, as the school their children attended was set to close through an accommodation review process. They started attending the meetings as they felt the board wasn't openly sharing information with parents.
The couple says the trespass notice was issued to them following a heated discussion they had with now former board trustee Tyler Campbell. No one from the board or Campbell will discuss the events.
Dylan says during the meeting, trustee Campbell made a comment about a letter written by a politician. Dylan says he didn't agree with the comment, so he questioned Campbell about it after the meeting.
The conversation eventually shifted to the length of school bus rides, something the Gibson's were upset about as their children would now be taking a longer bus ride to attend a school further away. The conversation escalated and became heated. But when the conversation ended, the couple got in to their car and headed home.
"There was no foul language," Dylan said. "There was no threats. It wasn't anything more than a concerned parent's response to a situation."
On October 2, 2012, a trespass notice was delivered to the Gibson's home.
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'Taken aback'
The notice states that Dylan and Anita Gibson are banned from the Rainbow District School Board office or any high school in the board. The board does occasionally hold some meetings at its high schools, which is why the notice covers those buildings.
There was no reason on the notice as to why it was issued, and no one from the board discussed it with the Gibsons.
Dylan says he phoned Norm Blaseg, the director of the education with the board, to try and get more information, but none was forthcoming.
For two years after the notice was issued, the couple says they didn't push the issue further. However, the ban was starting to affect their lives. For example, they could not attend any event in a Rainbow District School Board high school, without getting permission first. In one case during an election, their polling station was at a Rainbow high school.
"We had to ask for special dispensation from the director so we could go cast our democratic vote," Dylan said. "That is an absolute travesty."
The couple was able to vote and take part in the school board trustee election in 2014. But there have been other times they have asked for permission to attend events at a Rainbow high school and been denied access, including attending a high school reunion.
Trying to get the notice lifted
Former trustee and now Sudbury city councillor Robert Kirwan was at the meeting in 2012, but didn't witness the conversation between the Gibsons and Trustee Campbell. However, after hearing about the notice, he put forward a motion at a later meeting to further discuss it.
The trespass notice was basically to keep them away from board meetings.- Robert Kirwan, former Rainbow District School Board trustee
"I wanted to have the notice rescinded or at least changed in some ways so that it limited the trespassing to times when the board was meeting," he said.
"I really did not want to see their children suffer by the parents not being able to attend functions at the schools. While elementary schools were not part of the trespass notice, high schools were. So obviously, the parents weren't a danger to the children or the teachers. The trespass notice was basically to keep them away from board meetings."
Kirwan said he didn't have enough support for the motion to pass to discuss the issue.
Finding out more
The Gibsons eventually filed a freedom of information request. From that request, they found out the board asked trustees to write down in an e-mail what happened following the September board meeting.
In an e-mail to the board, Campbell states Anita Gibson did yell at him following the meeting. At this point, no one from the board had talked directly with the Gibsons about what had happened following the meeting.
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When the provincial Ombudsman was given jurisdiction to investigate school boards, the Gibsons requested help from that office. The Ombudsman did look into it, but said its office doesn't have the authority to reverse school board decisions, but was able to make recommendations to resolve problems.
The Gibsons also went to a lawyer for advice.
"We had him look at the information in the FOI and draw his conclusion," Dylan said. "[The lawyer] sent a letter to the board clearly stating this was not an aggressive or violent act, just a heated discussion."
That letter also points out that when the Gibsons attended board meetings, they recorded them, which the lawyer says was tolerated. However, he adds it's safe to assume that didn't make them popular with the trustees. The Gibsons say no one with the board ever spoke with them directly on that issue.
Asking to have the notice lifted
Throughout the years, the couple has sent letters to the board, requesting the notice be lifted. In one response, director Norm Blaseg simply wrote he's considered the request, and respectfully declined it.
Through the correspondence, the board did offer to have the notice lifted if the Gibsons agreed to three things.
The first would require the Gibsons to write a letter to Tyler Campbell, saying their actions in 2012 exceeded the board's code of conduct. The second would require the Gibsons to write a letter to the board, saying they will follow the code of conduct. The third states the Gibsons would not discuss the matter and sign a non-disclosure agreement.
The Gibsons have refused to agree to those conditions.
"It would seem like I'm giving up a legal right for something … I never did, said Dylan. "So it's kind of disingenuous of them to ask that of me."
What's next?
On Dec. 2, 2016, the Rainbow District School Board announced Tyler Campbell was stepping down as trustee. His resignation came amid concerns of conflict of interest with respect to a proposed soccer bubble for the community.
To replace him, the board can either hold a byelection or appoint someone to fill the position. The board says trustees will make a decision in the coming weeks.
Since Campbell announced he's stepping down, Anita, who placed second to Campbell in the last school board election, says she's received calls from people and has seen a lot of talk about her on social media.
In that 2014, election, Anita received 42.51 per cent of the vote, while Campbell got 57.49 per cent.
That's led some to suggest Anita should be Tyler Campbell's replacement.
Anita Gibson says she has mixed thoughts about people talking about her. On one hand, she says it's nice to see people voicing support for her, but says there's a lot of misinformation about the situation.
"It's overwhelming to try and correct every time you see a piece of misinformation or one-on-one to defend yourself from the information that's out there," she told CBC News.
"It makes me feel like there's not a level playing field. It seems that everyone does not have an equal chance when there's rumours out there because of the actions of the director."
CBC asked the board what would happen if Anita were to run and win, since a trespassing notice doesn't allow her on school property.
The board said it can't speak publicly on the issue.