CORRECTION: A previous version of this story incorrectly stated trustee Theresa McNichol was barred from board meetings. In fact, she was banned from board committee meetings. NewmarketToday apologizes for the error.
York Catholic District School Board will soon allow Newmarket trustee Theresa McNichol to return to regular board meetings after previously barring her for the rest of the term.
The board of trustees voted 5-4 to reduce the punishment on Nov. 7, after efforts by McNichol to appeal and threats of legal action. The punishment came in the wake of a report that found her conduct was discriminatory in her communications regarding trustees with Italian heritage last term.
“The board of trustees' determination that McNichol has breached policy 118 is upheld,” chair Frank Alexander read from a motion passed by trustees.
McNichol will be prevented from attending the Nov. 28 meeting, and will be censured. She will also be barred from committee meetings for the remainder of her term. But after the resolution, McNichol can attend regular and special board meetings past Nov. 28.
Trustees did not debate the matter publicly, only appearing on livestream to read a prepared motion and vote on it.
McNichol, who also represents East Gwillimbury and Georgina, was initially barred from meetings Sept. 26, after a report from JMJ Workplace Investigation found she engaged in harassment toward trustees and discrimination against Italian Canadians in her conduct last term.
McNichol has previously maintained that she did not engage in discrimination, but she has not publicly commented on the issue in recent weeks. Trustees voted 5-4 at the time to ban her, with unanimity on her actions but disagreement on the idea of barring her from meetings for the rest of the term.
McNichol hired a legal firm to argue her case. In a letter to the board, it said that the resolution made Sept. 26 was improper, without proper processing of a breach of the code of conduct. It also argued that this decision was not allowed under the Education Act.
“In any event, it is entirely disproportionate and without precedent in its severity,” Weir Foulds LLP said of the punishment in its letter.
McNichol was able to attend a meeting last week while her appeal was processed.
The Ministry of Education has not directly weighed in on the matter.
“The ministry cannot comment at this time as this is a local matter,” a ministry spokesperson told NewmarketToday. “We are confident that the board’s decision will be in compliance with the Education Act.”
