Toronto teacher who wore blackface as Halloween costume should be ‘reinstated,' arbitrator rules

CTV News

4 hours ago

A Toronto teacher who was fired in 2021 for wearing blackface on Halloween while claiming to be dressed as a zombie should be reinstated and compensated for nearly two years of lost wages and benefits, an arbitrator has ruled.
In a decision released last week, arbitrator Norm Jesin found that while former Parkdale Collegiate Institute teacher Gorian Surlan committed 'culpable misconduct,' his unblemished 19-year career with no prior discipline should have warranted a 'significant suspension' rather than a outright termination.
The decision also adds that Surlan is 'capable of rehabilitation' and suggests a return back to work with full compensation dating back to October 2023.
A timeline of the incident
According to an agreement statement of facts cited in the decision, Surlan arrived at work on October 29, 2021, dressed in black clothing with his face painted black using his daughter's makeup. The costume had been put together 'hastily' that morning with the assistance of his daughter, the agreed statement of facts notes.
Surlan had previously read an email from the school reminding staff 'of the harm resulting from cultural appropriation when choosing a costume' but did not review the sources included in the email, according to the agreed statement of facts.
At the time, he told colleagues and students his intention was to appear as a 'a zombie, or something scary'.
Despite his intent. the ruling suggests that costume had a strong impact on students in his own class.
The arbitrator says that one student, who texted photos to his parents, described the class as being 'shocked and upset.'
In addition, the report reads that the student, 'described the class as being in disbelief that their Business teacher... would decide to wear blackface in school.'
The school principal and vice-principal confronted Surlan after multiple complaints, including one student who was crying. He apologized, washed off the makeup, and continued teaching, the agreed statement of facts note.
Board fired teacher, citing racism
Following in the incident, the arbitrator says the Toronto District School Board received 'many calls' from parents and community members which ultimately prompted an investigation which placed Surlan on leave and later led to his termination.
The board justified their decision citing racism under policy PR728 on Reporting and Responding to Racism and Hate Incidents.
Investigators concluded that intent was irrelevant and that 'the impact on people, their feelings, and experiences are what is relevant in the circumstances.' Former TDSB executive superintendent Audley Salmon testified that the decision to fire Surlan was based on the severe, lasting impact on students and the community.
Surlan was later found guilty of professional misconduct by the Ontario College of Teachers and had his licence suspended. However, his licence was restored after he underwent cultural sensitivity training.
A relationship 'capable of rehabilitation'
In the ruling, the arbitrator agreed that Surlan's actions 'may be described as a racist incident' even though he 'had no idea what his costume represented' and did not intend harm.
'Still, I cannot ignore that once the grievor realized that his costume had caused this upset, he was horrified,' the arbitrator wrote. He added that Surlan quickly educated himself, issued apologies, and completed anti-racism training ordered by the Ontario College of Teachers.
In addition, the arbitrator substituted a lengthy suspension for dismissal, ruling Surlan be reinstated with no loss of seniority and compensated for lost wages dating back to October 2023. Surlan was terminated in November, 2021.
'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,' the arbitrator wrote.
'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.'
CTV News Toronto has reached out to TDSB for comment and will provide an update as soon as possible.