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Family in Waterloo files $1 million lawsuit against the Waterloo Catholic District School Board

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Photo by Praveesh Palakeel on Unsplash

BY PAUL JUNOR

On February 24th, 2022, the WCDSB was called to a school in Waterloo to assist a 4-year-old boy who was in “crisis” who was subsequently removed from class. This subsequently led to an apology by the Director of Education of the WCDSB and the launch of a review by the Ministry of Education.

There were 14 recommendations that resulted from this provincial review:

  • Amend staff policies to ensure racism and forms of discrimination are subject to disciplinary measures
  • Hire Black consultants to work with Black families to help navigate special education, discipline academic and well-being conversations and processes
  • Keep records to ensure timely relay of information to families whenever injury, holds, or significant escalations occur with students
  • Limit 911 services for kindergarten to Grade 3 as a last resort and include mutually agreed upon time frame for when emergency supports will be engaged
  • Review and develop processes to ensure exclusion in kindergarten to Grade 3 does not negatively impact Black and other marginalized student groups
  • Develop clear protocols to explain inclusion techniques, supports, timelines and appeal processes to families
  • Mandatory professional learning, developed by Black and other racialized external experts, for administration and staff

In a subsequent development, the family has filed a lawsuit against the WCDSB seeking $1 million in damages, plus court costs. The suit’s statement of claim alleges the board discriminated against the student because of his race and mental disability and failed in their duty to properly care for him.

Further, the suit adds that the boy was subjected to on-going discrimination at school, including isolation, intimidation and lack of supervision. The statement of claim reveals additional details such as allegations that he was prevented from playing with other children, repeatedly withdrawn from other students in the class by being confined to an isolation room.

Furthermore, there was information presented regarding the November 2021 incident when the police were called to the school. After failing to reach the mother of the child after she was called, the suit indicated that by the time she arrived at the school, the school had made the decision to call 9-1-1 and have the police transfer the boy home. The suit claims that the student was criminalized for behaviours that would not be unique to a trained behavioural team.

The WCDSB is currently reviewing the lawsuit.

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