Teacher fired for coming to school in blackface should get his job back and be paid lost wages, arbitrator rules
Gorian Surlan, a former teacher at Parkdale Collegiate Institute in Toronto, showed up for work in what he described as a 'zombie' costume in October 2021.
The incident sparked outrage with students and parents, resulting in his dismissal that year.
In 2023, his teaching certificate was then suspended after a district school board investigation and a disciplinary hearing in which he pled guilty to misconduct.
Now, an arbitrator has ordered that Surlan be reinstated to his role and compensated for lost wages and benefits.
Arbitrator Norm Jesin found that while Surlan had committed 'culpable misconduct', his otherwise unblemished teaching career should have only warranted a suspension.
Jesin said that Surlan is 'capable of rehabilitation' and has suggested he be returned to work with full compensation dating back to October 2023.
In an agreed statement of the facts Surlan arrived at work in all black clothing with his face painted black using his daughter's makeup.
He said that the costume had been put together 'hastily' with the assistance of his daughter and put a black mask over his face to be complaint with COVID rules.
It was agreed that his intention behind the look was to present a scary persona, with the idea of a zombie being in his mind.
Prior to the Halloween day, the school had sent teachers an email reminding staff of 'the harm resulting from cultural appropriation', but he failed to properly review it.
Despite his intentions of coming across as a zombie, the ruling said that the costume had a negative impact on students.
One student, who snapped a picture and sent it to their parents, described the class as being 'shocked and upset'.
The report adds that the student 'described the class as being in disbelief that their Business teacher... would decide to wear blackface in school'.
Both the principal and school principal had met with Surlan that morning and never noticed he had painted his face black due to him wearing a hockey like mask.
As complaints started to roll in, the two then met with him again telling Surlan that students were upset over the incident.
Surlan told the two he didn't understand the issue but apologized, before being asked if he was aware of then Canadian Prime Minister Justin Trudeau using blackface.
He told the two that he was but he was not trying to impersonate anyone, rather he was trying to look like a zombie. He then washed his face and returned to his class.
The school board then investigated after teachers and community members raised their concerns about it.
Investigators with the board concluded that intent was irrelevant in the matter, saying 'the impact on people, their feelings, their experiences are what is relevant'.
Jesin agreed his behavior 'may be described as a racist incident' even though he 'was not familiar with the harm generally caused by appearing in blackface'.
He wrote: 'I appreciate that the reaction of the student body as well as the community at large to the grievor's costume must properly be considered.
'But surely these constituents, with the passage of time, can be asked to accept that the grievor has acknowledged not only his mistake, but the pain that his mistake has caused. In my view, this is an appropriate case for reinstatement.'
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