Things are getting ugly at Windsor Law School.
One of two short-listed candidates for the Dean position has filed an explosive complaint under the Human Rights Code alleging that racial and gender discrimination explains why she was denied the position. Here is the story from the National Post, and here is the Windsor Star piece.
In another of my Real Pleadings series, here is the complaint and pleading filed by Professor Carasco.
Emily Carasco alleges that her application for the Dean position was “sabotaged” by another Windsor professor, Richard Moon, who accused Carasco of plagiarism. The law school had set up a committee to search for a new Dean, and the committee had selected two candidates, including Profesor Carasco. However, both candidates were rejected, and the School is starting a new search. The newspaper articles explain all the sad details of this story.
The most interesting aspect of the human rights complaint is the remedy sought. Professor Carasco has asked the Tribunal to stop the new search and insert her as the Dean for the next five years. Does the Tribunal have that power?
Look at the remedial section in the Code, section 45.2. It’s super broad, isn’t it. It says that the Tribunal can order a discriminating party to “make restitution” in monetary or non-monetary form, and even more broad, direct a party to “do anything that in the opinion of the tribunal the party ought to do to promote compliance with the Code.” Clearly, this could be interpreted so as to permit the Tribunal to order the Law School to make her Dean if it believes that she would have been Dean but for the illegal discrimination.
Do you think the Tribunal should interpret the remedial section in this way, and make the order even though Professor Carasco had been rejected through the Dean’s search process?