Sanctions imposed against Windsor school board trustee in reconvened meeting that public wasn't told about

Public school board trustees in Windsor-Essex, Ont., imposed sanctions on trustee Linda Qin for code of conduct violations after coming back from recess from a session the public was not informed would continue. 

Board chair Gale Hatfield told CBC News on Wednesday the meeting concluded and sanctions had been imposed on Qin when the board reconvened in a separate committee room. The board recessed after Hatfield instructed police and security to clear the gallery when the public was allegedly being disruptive. 

Hatfield said the doors were left open. Neither members of the public nor the media were informed the meeting had reconvened elsewhere. 

"The door to the room was left open, which is what we were required to do," Hatfield said.

"I didn't go back out to talk to the crowd because they were very threatening and I felt I didn't feel safe, so the police stayed there in the room with the crowd ...I didn't go in and address them."

Sanctions were imposed, Hatfield said, but she would not inform CBC News of what they were because Qin had not been informed as of Wednesday morning.

Hatfield said Qin was asked to rejoin trustees in the meeting room but did not do so. 

Qin said she was called by name, but was not told the meeting was continuing elsewhere. 

"I was not able to attend because I didn't know they have a meeting outside. The chair did call me out right after the recess," Qin told CBC News. "She did call me, 'Linda, Linda come out,' but I didn't follow her, but I didn't realize it's for meeting.

"I thought the meeting will continue in the board room. I didn't know that they had a meeting elsewhere."

The meeting could not be live streamed but trustees made a recording of the latter portion of it that would be published Wednesday afternoon, Hatfield added.

The public was not removed from the gallery by police. However, at one point, a police officer informed the public the meeting was over and trustees were leaving. 

Qin said she contacted another trustee Wednesday morning and was informed the meeting had continued without her. That trustee, she said, attended via teleconference and wasn't aware Qin was not in the room when the sanctions were decided. 

Early Wednesday afternoon, Qin told CBC News no one from the board had reached out to her and she was unaware of what sanctions she would face. 

Police had been called to clear gallery

Police had been called to a meeting of the board Tuesday night after members of the public refused to leave the gallery during a session about code of conduct complaints.  

The special meeting was held to determine whether Qin was in breach of the board's code of conduct stemming from incidents last year that prompted four complaints. 

But less than an hour into the meeting, Hatfield ordered people to leave for disrupting the proceedings with applause, mutters and spoken comments. 

"I have the authority under the Education Act. You've been disrespectful," Hatfield told the gallery amid scattered outcry.

"I'm going to recess the meeting for five minutes and I'm asking security to clean the clear the gallery."

As many as seven police cruisers were present on scene, but officers did not remove people from the school board building.

Instead, an officer informed the gallery the meeting had concluded and trustees, who were not in the room at the time, were leaving. Members of the public left gradually. 

Jeremy Palko, a member of the group Action for Canada who came to support Qin at Tuesday's meeting, said he didn't feel the gallery's conduct warranted removal from the meeting. 

"She could have said, 'OK, listen, there's a little bit of too much chatter in the background, [we're] having trouble hearing here,'" he said.

"If you allow a little bit, so that you don't end up blowing up the meeting in the way that it happened tonight."

Meeting held to consider Code of Conduct complaints

Trustees were there to consider a report penned by Gillian Tuck Kutarna from law firm Miller Thompson, investigating a series of four formal complaints made about Qin's behaviour and conduct at meetings and her remarks in the media.

The complaints were submitted by trustees LeClair, Nelson and Cooke. 

In one complaint, trustee Christie Nelson says Qin accused a member of the board's policing in schools committee of bias against the police "without providing any evidence of such a bias." In this case, trustees said Qin was in breach. 

"It was really offensive. I recognize the breach, I am sorry for it, I hope we can address it with those who were affected," said trustee Julia Burgess. 

Trustee in breach for media interview

In another complaint filed by trustee Ron LeClair, trustees did not find Qin in breach in three of four incidents. But they did find her in breach for being in contact with the media without the approval of the board, choosing not to support the findings of the report. 

According to the report, trustees are not authorized to speak on behalf of the board, but are permitted to speak to their own positions or experiences, provided their comments don't breach the code of conduct. 

But the report also deals with comments from Qin that say trustees and the board are not tolerant of her language barrier, given English is her second language and that she often needs more time for formulate her remarks. 

Findings 'predictable,' says gallery member

Palko, who attended to support Qin, says it was "interesting and ... somewhat predictable" that many of the complaints were not supportable. 

"A lot of complaints they had in terms of taking to the media or how you talk, you know, maintained decorum, they have been guilty of themselves," Palko said. 

"What they're doing to her is completely wrong. And this entire gallery of the 50 people who are here are just support her, not the other eight."

A final complaint by LeClair related to an interview and statements made by Qin in an interview with Rebel News. This complaint had three components to it, and trustees found Qin had breached the code of conduct three times. 

"Trustees are expected to discharge their duties loyalty faithfully and partially in a manner that will inspire public confidence in the ability and integrity of the board," Burgess said. "In this case, she spoke to the media and spoke against decisions that were made, did not inspire confidence in the board and in public education.

"Assuming that our staff is grooming is egregious and expressing that is unbelievably hurtful to our staff."

In the reconvened portion of the meeting, which the public school board posted online after 5 p.m. ET on Wednesday, trustees agreed there were five findings of Qin being in breach. 

Trustees agreed Qin should be barred from attending and participating in public school board meetings between Sept. 17 and Nov. 5, including private session meetings. They added Qin would also not be given documentation from private sessions during that period. 

The board has 14 days to notify Qin of this decision and Qin has 14 days to respond. There could be another special board meeting during which the sanctions would be confirmed or revoked by the board.