WAY CLEAR

Dr Nicholeen DeGrasse-Johnson, who was suspended as principal of the Edna Manley College of the Visual and Performing Arts in 2019 at the height of a sexual harassment scandal, has lost her bid to be reinstated and for disciplinary proceedings initiated against her to be quashed.

Consequently, the way has now been paved for the continuation of the disciplinary hearing.

The principal was challenging not only the authority of the school’s board to suspend her, but also the Personnel Committee’s authority to conduct a disciplinary hearing in the wake of complaints made about her handling of the sexual harassment reports. The victims had complained that school administrators had not treated the complaints with urgency and seriousness and sought to sweep the issue under the rug.

However, it was DeGrasse-Johnson’s view that the Education Regulations, 1980 did not empower the parties to suspend her or to initiate a disciplinary hearing.

DeGrasse-Johnson contended that the college is to be governed solely in accordance with the provisions of the Edna Manley College of the Visual and Performing Arts Scheme, 1999 and that there was no provision in the Scheme Order for a disciplinary board and hearing.

She also averred that the decision of the committee to have the hearing was tainted by bias as the committee chair was also the chairman of the school board.

DeGrasse-Johnson had initiated legal action against the board of the St Andrew-based fine arts college as well as the members of the Personnel Committee, Donahue Martin, Winston Ewart, Dorraine Reid, and committee chair Marigold Harding.

NATURAL JUSTICE

In her judgment yesterday, Supreme Court Judge Justice Tara Carr found that the decision to refer the matter to the Personnel Committee and the decision that the committee had the jurisdiction to hear the complaint were in keeping with the rules of natural justice and not tainted by the appearance of bias.

“The decision to refer the matter to the Personnel Committee for a hearing was not improper or illegal as the appropriate legislation to govern the discipline of teachers at the college is that of the [Education] Act and its Regulations.

“The proceedings as outlined by the board was in accord with the principles of natural justice, as the claimant was given an opportunity to have a fair hearing of the complaint made against her,” she said.

Consequently, the judge refused all the declarations which were being sought by the principal, including orders prohibiting the committee from continuing the disciplinary hearing, an order that the Education Act did not apply to the arts college, and that the committee was without jurisdiction in conducting the disciplinary hearing.

The principal was sent on leave in August 2019 by the school board to facilitate the investigation. An audit and disciplinary hearing commenced in February 2020, but was put on hold after she sought a judicial review, challenging the committee’s authority.

DeGrasse-Johnson, who appeared gutted by the ruling, declined to comment yesterday. However, her attorney-at-law, Andre Earle, KC, said she was very disappointed.

“It was not what she expected,” he said.

Earle, in the meantime, said that he is in the process of reading and digesting the judgment, after which he will take further instruction from his client on the way forward.

Attorneys-at-law Annaliesa Lindsay and Josemar Belnavis, who had represented the defendants, while pointing out that they would not go into the details of the claimant, said the issues that were raised by the claimant are now “extant” by virtue of the judgment and that the disciplinary hearing can now be continued.

tanesha.mundle@gleanerjm.com