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Teachers register no confidence vote on School District 61 board after suspension of trustees

Trustees Rob Paynter and Diane McNally were suspended from their elected posts by school board colleagues
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Diane McNally and Rob Paynter have both been relieved of their duties until October, when the next municipal and school board elections will be held. VIA GREATER VICTORIA SCHOOL BOARD

Teachers registered a vote of no confidence in the board of the Greater Victoria School District after two elected trustees were suspended over allegations of bullying and harassment.

The Greater Victoria Teachers’ Association said it was “shocked” by the board’s decision to relieve Rob Paynter and Diane McNally of their duties and that no information about the allegations, process, findings or the decision to suspend was provided.

Teachers also voted to boycott all meetings of the SD61 board until they are satisfied that the process that led to the officials being censured and suspended was appropriate, or the suspension is rescinded.

“We are deeply concerned by the suspensions of two democratically elected trustees, and the secrecy surrounding it,” teachers’ association president Winona Waldron said in a statement Thursday.

“At our meeting we heard from very senior teachers saying they could not remember another time in their teaching career where a vote of no confidence had been contemplated or was warranted,” added Waldron. “We heard clearly from our membership that the suspensions required a strong response.”

Waldron said teachers know nothing more than what was shared in a SD61 press release about findings of bullying and harassment against Paynter and McNally.

The Greater Victoria School Board censured and suspended the two trustees late last week until October after allegations of misconduct, including bullying and harassment of staff.

McNally and Paynter were relieved of their duties until October, when the next municipal and school board elections will be held.

The board continues with seven instead of nine trustees, said board chairman Ryan Painter.

The district said in the press release that the decision came after the board was made aware last summer of two formal complaints related to disparaging comments that were made publicly.

Due to the serious nature of workplace bullying and harassment, it said, the district initiated a third-party probe by a lawyer/investigator, which substantiated the misconduct claims. The board is now reviewing its bylaws and trustee code of conduct to ensure measures are in place to address the situation, it said.

“The board did act immediately when we received the complaints because they are so troubling,” Painter told the Times Colonist last week. “And there is absolutely a zero tolerance for bullying or harassment in the Greater Victoria School District.”

Investigations like this one are complex and take time, he said. “We need to be thorough, so the board wanted to make sure we got it right, and it was done right.”

The suspended trustees continue to receive their remuneration, Painter said, and both have the right to seek a judicial review.

The teachers’ association said it is unaware of any existing legislation that gives the board of trustees the authority to suspend elected members from participation.

“Trustees should be well aware of processes used by the district to effectively respond to findings of bullying and harassment,” said Waldron. “I can think of no other district personnel who has been subject to a nine-month suspension when bullying and harassment has been found.”

Waldron said the suspension of the trustees calls into question the ability of the board to make binding decisions, noting the board has important and controversial votes ahead, including the proposed sale of Lansdowne school property and the upcoming budget.

“We are concerned that preventing two elected officials from exercising their votes may lead to future uncertainty for our district if the validity of decisions is questioned,” said Waldron.

“Our members do not wish to participate in a potentially illegitimate process by attending meetings where invalid decisions may be made.”

The association is calling on the board to immediately release information on the process, including the authority under which the suspensions were invoked.

— with files from Jeff Bell