Dr. David Osher

The applicant, a student who was suspended for fighting and bullying, brought an application alleging racial discrimination.

In this interim decision, the Tribunal addressed several preliminary matters.

The Tribunal ordered the school board to produce redacted disciplinary records for students at the applicant's high school who were disciplined for fighting or bullying during the relevant school year.

The Tribunal also permitted the applicant's expert to testify regarding the disproportionate application of discipline to racialized students.

The Tribunal removed the individual school administrators as personal respondents, finding no compelling reason to continue against them since the school board accepted vicarious liability.

Finally, the Tribunal ruled that new allegations regarding the failure to provide homework were beyond the scope of the original complaint.