Inside the report: What exactly are the four trustees at Hamilton’s public school board accused of doing?
From silencing a former student trustee to evidence of racism, The Spectator probes what the trustees are alleged to have done — and whether investigators believe they did it
Public outrage over a scandal embroiling Hamilton-Wentworth District School Board trustees shows no signs of dying down.
But the allegations and findings against the four individual trustees may be getting lost in the larger discussion.
The Spectator has parsed the 67-page report, the product of a months-long review undertaken by third-party investigators, in an attempt to lay out what each trustee is alleged to have done and what the investigator found them — on a balance of probabilities — to have done.
The background:
The board launched an investigation into allegations of racism and poor conduct involving trustees in the wake of comments made by former student trustee
Ahona Mehdi. In August, one day after her one-year term ended, Mehdi took to Twitter to call out racism and oppression she said she witnessed or experienced while serving as a student trustee.
Toronto law firm Koskie Minsky LLP was hired by the board to head the thirdparty investigation. Lawyers Arleen Huggins and Philip Graham conducted the
investigation and wrote the final report. The total cost of the investigation was $84,000.
The investigators’ findings were based on a “balance of probabilities,” the same standard used in human rights tribunals and civil courts. The report on the investigation stated it was a probe into Mehdi’s complaints of breaches of the trustee code of conduct, but the board later said the review was “not a formal code of conduct investigation, but rather an investigation into alleged breaches of the code of conduct.” This is important because typically, only actual findings of breaches of codes of conduct — following investigations — allow the board to issue sanctions against trustees. The report only stated there were “potential” violations of the code of conduct.
The report found evidence of racism involving some trustees and efforts to silence Mehdi’s voice. Not all of Mehdi’s allegations were substantiated.
While the board voted to redact all names in the report, Mehdi has identified those at the centre of the probe as: Alex Johnstone, former board chair and Ward 11 and 12 trustee, Kathy Archer, Ward 6 trustee, Becky Buck, Ward 8 and 14 trustee, and Carole Paikin Miller, Ward 5 trustee. The Spectator has also independently confirmed their identities.
The allegations and findings from the report are detailed below:
Silencing the complainant’s voice: Allegations involving Johnstone
Allegations: Mehdi alleges Johnstone silenced her voice “whenever she tried to raise an anti-racist lens to issues or advocate for racialized and marginalized students,” according to the report.
The investigation probed three incidents relating to the allegations: one involving Mehdi’s attempt to share her personal stories about bullying at a board meeting about a safe schools panel held in the wake of the death of 14-year-old HWDSB student Devan Selvey in October 2019; one involving Mehdi’s attempts to bring forward a motion to have the board’s police liaison program terminated in June 2020; and one involving a Spec interview request.
Finding on safe schools panel on bullying allegation: The investigators found that Johnstone did single out Mehdi prior to a high-profile board meeting about bullying on Oct. 28, 2019 by asking that she provide her questions and comments to Johnstone for review. Johnstone then directed Mehdi to change or modify her comments and remove her personal experiences. Combined, the actions “had the effect of silencing” Mehdi, the report stated.
Finding on police liaison program meeting allegation: The report states Johnstone “acted deliberately and arbitrarily in denying (Mehdi’s) written notice of motion” when Mehdi tried to bring forward a motion to terminate the board’s police liaison program. It states that Johnstone’s “desired intention was to see the complainant’s motion not proceed and to achieve that end she misrepresented and inconsistently applied the board’s governance rules.” It says Johnstone used her position as chair to try to stop matters “inconsistent with her own agenda” from being addressed at board meetings.
Finding on Spec interview request allegation: Johnstone was not found to have deliberately attempted to silence Mehdi in relation to a Spec request for an interview regarding the safe schools panel on bullying. While Johnstone informed Mehdi that trustees are supposed to express the board’s position and not share their personal views in media interviews, she did ultimately allow her to do the interview.
Racial gaslighting: Allegations involving Johnstone, Buck, Archer and Paikin Miller
Allegations: Mehdi alleged Buck, Archer and Paikin Miller made “overtly racist comments” during a June 22, 2020, board meeting at which trustees voted to terminate the police liaison program. She also alleged Johnstone failed to intervene when trustees made comments she deemed overtly racist.
Mehdi also alleged Buck made offensive comments at a meeting discussing a new Indigenous student trustee position.
She also alleged her fellow student trustee received different treatment. Mehdi alleged Johnstone told her that if she wanted to raise issues of oppression or racism, she should approach it more like her fellow trustee, who “gives people the benefit of the doubt and is not as aggressive.” She also allegedly told Mehdi her life as a student trustee would be easier if she challenged the board less. Johnstone denied making these comments.
Finding on police liaison program meeting allegation: Investigators probed the incidents which arose during the June 22 meeting described as “tense and emotional.” In addition to interviews with witnesses, investigators also listened to an audio recording of the meeting.
Investigators found Buck did use the term “Twitter trolls” when referencing community advocates. Buck admitted to this. Investigators state Buck told them: “it was an unprofessional term and that she said it out of frustration due to the emotional period of time leading up to the meeting.” She explained that the comment was directed at Twitter users who, in her opinion, were harassing her.
The report states Paikin Miller made comments to the effect of the board “focusing on anti-Black racism to the exclusion of anti-Semitism and Islamophobia, and that this focus was inequitable.”
Archer, meanwhile, was found to have commented that “all student voices mattered, and that the report brought by HWDSB staff did not capture the voices of all students.”
The report found witnesses were split as to whether any of the comments could be considered racist, but did state that, given the topic and surrounding climate in the wake of George Floyd’s death in Minneapolis at the hands of police, the trustees knew or “ought to have known that their comments were not only insensitive but expressions of anti-Black racism.”
Johnstone was found to have “failed to intervene” when trustees made the above comments and failed to “adopt an equity-informed understanding of the trustee code of conduct in deciding whether to intervene during meetings.” As chair, she should have taken a “more active role” to stop racist and offensive comments, the report states.
Finding on Indigenous student trustee position allegation: Buck admitted it was her position that adding a student trustee role for one minority group was not an equitable act.
Finding on differential treatment allegation: Investigators found “it is more probable than not that by direct words or interference, (Johnstone) implied that (Mehdi) should raise issues of oppression or antiracism more gently, like the other student trustee, and in a less challenging manner.”
Microaggressions: Allegations involving Johnstone and Archer
Allegations: Mehdi alleged Johnstone shamed her for not wearing an “ugly Christmas sweater” to a board meeting, even though she knew she was Muslim. Johnstone did not recall this and said she didn’t know Mehdi was Muslim.
Mehdi also alleged Archer used the “N-word” when referring to tennis player Serena Williams. Archer denies making this comment.
In another incident, Mehdi alleged Johnstone downplayed the actions of another trustee who called Mehdi the name of another brown woman present. Johnstone allegedly responded saying “it was just a mistake.” Johnstone denies dismissing the mistake.
And in another, Mehdi alleged Johnstone commented “those are some really interesting pants” with a smirk on her face when Mehdi was sporting traditional pants from Kenya with a printed design. Johnstone said in response that she was giving Mehdi a compliment and genuinely liked the pants. Findings on the ugly Christmas sweater incident: The report states Johnstone likely did ask Mehdi why she was not wearing an ugly holiday sweater, but she also asked the same of other trustees. It is the investigators’ finding that while Johnstone may not have intended to shame Mehdi, she did make comments that caused Mehdi to feel ashamed.
Findings on the use of the “Nword”: Investigators found “insufficient evidence” to support the allegation.
Findings on mistaken identity incident: Investigators found “insufficient evidence” to support the allegation.
Findings on pants comment incident: Investigators found “insufficient evidence” to support the allegation.
Racist remarks and problematic attitude toward equity: Allegations involving Paikin Miller
Allegations: Mehdi alleged Paikin Miller made anti-Muslim remarks to other trustees. Paikin Miller denies this.
Mehdi also alleged Paikin Miller said a number of times that there is too much Black leadership at the board. Mehdi said Paikin Miller “sighs, shows exasperation and talks on the phone” during human rights and equity committee meetings, and complains the committee is “always speaking about anti-Blackness and not anti-Semitism.”
Several witnesses corroborated these allegations.
Findings on anti-Muslim remarks: Investigators found that, on a balance of probabilities, Paikin Miller made anti-Muslim comments to other trustees. Specifically, another trustee told investigators that she ended a one-on-one “coffee date” with Paikin Miller after the conversation about the Middle East became heated and Paikin Miller allegedly referred to Palestinians as “Arabs.”
Findings on problematic attitude toward equity issues: Investigators found Paikin Miller “failed to understand the concept of equity, and displayed a blatant disregard” for efforts to address equity issues.