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Analysis: Former superintendent's lawsuit centred on two policies

"Respectful Workplace" and "Rights and Responsibilities" policies cited extensively in legal action against School District 57 trustees
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If you're trying to make sense of the lawsuit brought by former superintendent Anita Richardson against School District 57 trustees, here's a tip: It boils down to her reading of two school district policies.

In her notice of claim, Richardson says that between February 10 and December 10, 2020 she "experienced a toxic work environment and bullying and harassment."

In support, she alleges trustees in general and two now-former trustees in particular, Trent Derrick and Shuirose Valimohamed, violated sections of Policy 4116.2 Respectful Workplace and Policy 1170 Rights and Responsibilities of Trustees.

"Respectful Workplace" is cited 34 times and "Rights and Responsibilities" 10 times, with Derrick and Valimohamed names attached to either of those terms eight times.

The preamble to the 11-page "Respectful Workplace" policy states, in part, that a respectful workplace is a "critical prerequisite" to the board's "commitment to delivering high quality public education and cultivating a reputation of excellence," and so is committed to "a respectful learning and working environment free from harassment and bullying."

On her account of her effort to return to work after she took a leave of absence, Richardson relies significantly on "restorative practices" as defined in the "Respectful Workplace" policy as the "management of conflict and tension by repairing harm and rebuilding relationships."

That effort was rebuffed and, in January, she was terminated from the position.

Interestingly, Richardson alleges trustees breached three sections of the "Rights and Responsibilities" policy during their Feb. 25, 2020 meeting, when they to rename the school on Kelly Road without first seeking input from staff. Derrick, in turn, is cited in particular for allegedly breaching an additional section.

With respect to the trustees in general, Richardson cites:

2.10 Ensure the district runs as efficiently and effectively as possible within established Ministry and Board policies and procedures and the prevailing financial environment;

2.13 Be informed about the items on the agenda prior to each meeting and ask questions to clarify issues they do not understand;

3.4 Base their personal decisions upon all available facts in each situation, vote with honest conviction in every case, unswayed by partisan bias of any kind, and thereafter, abide by and uphold the final majority of the decision of the Board.

With respect to Derrick, Richardson cites:

3.3 Endeavour to work with their fellow trustees in a spirit of harmony and cooperation in spite of differences of opinion that may aris during debate,. They will observe proper decorum and behaviour, encourage full and opened discussions on all matters with their fellow trustees, treat them with respect and consideration and will not withhold or conceal from them any information or matter with which they should be concerned.

The "Respectful Workplace" policy remains posted on the school district website.

But as for the "Rights and Responsibilities of Trustees" policy, your best bet is to check out the June 22 agenda package, starting on page 115.

It's been rescinded and a series of replacement policies have been advanced to a 60-day stakeholder referral process as part of a part of a larger review and rewrite of the board's governance policies that began two years ago.

The replacement policies are essentially an updating of the language regarding trustees' roles and code of conduct and code of conduct sanctions. 

The allegations made by Richardson have not been tested in court and the defendants have not yet filed responses to the notice of claim.