Teacher fired for wearing blackface to school as part of Halloween costume should be reinstated: arbitrator
A teacher fired nearly four years ago for wearing blackface makeup to school during Halloween celebrations should be reinstated, an arbitrator has found.
The decision, published last week, relates to an incident in October 2021 at Parkdale Collegiate Institute that left students shocked and upset, and had parents demanding action from the Toronto District School Board.
Gorian Surlan, a teacher at Parkdale Collegiate Institute, was fired in November 2021 after he came to class dressed in a "Halloween costume" wearing black clothing and his face painted in black makeup, with the intention of presenting "a scary persona, like that of a zombie," says the ruling from arbitrator Norm Jesin.
Surlan later filed a grievance under Ontario's Labour Relations Act that he was unjustly discharged from his employment. The Ontario Secondary School Teachers' Federation argued his case against the Toronto District School Board before Jesin.
While the teacher's actions warranted a "significant penalty," Jesin found that a lengthy suspension would have been more appropriate because the teacher showed remorse and tried to remedy the situation immediately.
"He quickly studied the issue, apologized for his actions and was clearly very contrite," Jesin wrote, also noting that the teacher had a long history of service with the school and had no prior discipline on his record.
"All of these facts demonstrate that a significant suspension would be likely to have the desired effect of ensuring that the grievor would be more sensitive to the cultural sensitivities that present in a diverse community and would be unlikely to commit such misconduct a second time."
Students reported incident
Jesin's decision says that on the day of the incident, both the principal and vice-principal saw Surlan in his costume when he arrived at school, but that they didn't realize he was wearing blackface makeup because he was wearing a black, hockey-style mask as well.
Later that morning, students took pictures of Surlan wearing blackface makeup in case, and three students approached the school's vice-principal to express their concerns while appearing "visibly upset," the decision says.
The teacher was then called into a meeting with the school's principal and vice-principal, who told the teacher that students were upset over seeing him in blackface. The teacher "did not seem to understand the issue but apologized anyways," Jesin wrote, adding that the teacher said he "was not trying to depict any person" but was attempting to portray a zombie.
The teacher was told to wash his face and return to class, which he did. That same day, he was placed on a leave of absence pending investigation.
That evening, the teacher went home and conducted some self-education on anti-Black racism and blackface. Jesin's decision also notes that Surlan was born in Serbia, and immigrated to Canada in 1992.
"He was horrified to learn about the history of blackface and the implications of his wearing of black make-up to cover his face," Jesin wrote.
The incident was later reported in multiple media outlets, and resulted in a huge uproar from the Parkdale community, Jesin's decision says.
The school board terminated Surlan on Nov. 15, 2021, on that basis that he knew or ought to have known that his conduct was contrary to board policy, and that the impact of his behaviour was "severe, long-lasting and irreversible."
Arbitrator accepts teacher had 'no idea' what makeup represented
In his ruling, Jesin said he agreed that Surlan's actions "caused a great deal of upset among the student body of the school as well as parents of those students and the community at large."
However, Jesin wrote that he accepts that Surlan — given his background of not being born in Canada — had "no idea" what his costume represented and that he was horrified and apologetic when he realized the gravity of his actions.
With these factors in mind, Jesin said he believed this was an appropriate case for reinstatement.
He also ruled that Surlan should be compensated for all wages and benefits lost from Oct. 1, 2023 onwards — the date Surlan completed a course on anti-Black racism and blackface that were recommended by the Ontario College of Teachers.
CBC Toronto has reached out to the Toronto District School Board and the Ontario Secondary School Teachers' Federation for comment.
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