MD Golam Sarwar Mehedi v. George Brown College, 2010 HRTO 1486

Human Rights Tribunal of Ontario

B E T W E E N:

MD Golam Sarwar Mehedi Applicant

-and-

George Brown College Respondent

INTERIM DECISION

Adjudicator: Sherry Liang Date: July 7, 2010 Citation: 2010 HRTO 1486 Indexed as: Mehedi v. George Brown College

1This is an Application filed on February 2, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2By Case Assessment Direction dated June 4, 2010, the applicant was directed to provide written submissions explaining why his claim against a personal respondent named in the Application raised issues under the Code. The applicant has responded with correspondence dated June 23, 2010. On review of this correspondence and the material in the Application, the Tribunal finds that the Application cannot proceed against the personal respondent.

3The applicant alleges that the personal respondent, a fellow student at George Brown College (the “College”), engaged in behaviour amounting to sexual harassment and sexual assault. He made a complaint about these events to the College, which did not find his complaint substantiated.

4The Tribunal does not have a general power to evaluate relationships between individuals, or to inquire into all claims of unfairness or misbehaviour. It hears applications that allege violations of the Code.

5Under s. 1, every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

6There are no facts suggesting that the personal respondent was responsible for the provision of any educational services to the applicant. The Tribunal has found in similar circumstances that the Code does not cover allegations of discrimination or harassment made against fellow classmates: see Theisen v. Ontario (Attorney General), 2009 HRTO 1781, and Tohidy v. Mckenzie, 2009 HRTO 2264. Although under the Code, harassment by co-workers or co-tenants can give rise to claims against those individuals, there is no specific provision covering claims of harassment against fellow classmates.

7I find that there is no basis to proceed against the personal respondent and he is removed as a party to the Application. Given the consent of the parties, the Tribunal will schedule mediation between the applicant and the remaining respondent.

8I am not seized of this matter.