A former Memorial University student who challenged the school and a professor who refused to wear a microphone seven years ago has won his case at the Newfoundland and Labrador Human Rights Commission. Memorial University failed in its duty to accommodate William Sears — a hard-of-hearing student who dropped out of a history class in 2015 when a professor told him he could not wear an FM broadcast microphone for religious reasons — according to a judge appointed by the Commission. The school knew, or should have known, that the two would conflict over their housing needs, the judge wrote, and did not do enough to avoid the conflict. “Sears, a student with a disability, was placed in conflict with a tenured faculty member who had authority over him and was denied meaningful access to educational services,” wrote Brodie Gallant, who oversaw the process at the commission’s board of inquiry. “Ultimately Mr. Sears left the classroom embarrassed and humiliated. It is clear to me that he was deeply affected by this incident and feels strong emotions from these events to this day.” Gallant awarded Sears $10,000 in damages. Memorial University is appealing the decision to the Supreme Court of Newfoundland and Labrador, hoping to overturn the decision and fine. “The university believes there are legal errors in the court’s analysis of the matter,” spokesman David Sorensen said in an email. “Memorial has been and continues to be committed to providing programs and services that enable students with disabilities to maximize their educational potential.”
Warning signs ignored: decision
According to Gallant’s written decision, Sears regularly contacted the Blundon Center, a department of the university that works to accommodate students, before each semester to have that department talk to its new professors about using microphones. When he did in 2015, a director at the Blundon Center wrote to all the students who would come in as teachers — except for Ranee Panjabi. This was because the director recalled that in 1996, there had been “a controversy” over a similar request. In fact, in January 1996, another student at the university filed a discrimination complaint after Panjabi refused to wear a microphone. Later, the professor signed an agreement with Memorial University guaranteeing that she would not have to wear a “phonic ear” or any other device on her face. A rally was held at Memorial University in 2015 in support of Sears after a professor refused to use an FM transmitter so he could listen to lectures in that course. (CBC) According to the ruling, Punjabi practices a form of mysticism that focuses on “personal experience and a personal, individualized search for truth.” “According to Dr. Panjabi’s beliefs, the use of an FM transmitter on her person would cause significant disturbance and substantial interference with the spiritual balance which, according to her religion, should always prevail.” Two days before classes started, the principal wrote to a deputy principal asking for guidance, but according to the judge, the deputy principal did not remember the agreement and told the Blundon Center principal to proceed as usual. “This is the iceberg warning that Captain Edward Smith ignored on the maiden voyage of the RMS Titanic,” Gallant wrote. “This is when the opportunity presented itself to engage in a proper hosting process and it was not followed.” Unfortunately, these changes came too late for Mr. Sears.- Brodie Gallant Gallant wrote in his ruling that Panjabi said she did not see the two emails sent to her, so when Sears entered her classroom, neither was aware of a potential conflict. Sears asked Panjabi to wear the microphone and Panjabi refused, citing her agreement and her religious beliefs. Instead, he offered to put a microphone on a nearby table, but Sears said that wasn’t enough and left the classroom. “The decision here to proceed without taking specific steps to address the potentially competing rights of Mr. Sears and Dr. Panjabi looks like recklessness or willful blindness and ensured that those competing rights would become conflicting rights,” Gallant wrote. Neither Sears nor Panjabi responded to requests for interviews about the incident. Panjabi has since retired and Sears completed his degree in 2017. Memorial University’s appeal to the court said the judge’s decision failed to properly analyze the school’s obligation to balance competing rights and did not consider whether MUN acted in good faith. The university and the judge agreed that many changes have been made since 2015 to avoid similar conflicts. These changes include a self-registration system in which students can request accommodations without having to approach instructors in person. “I am satisfied that MUN’s subsequent efforts to address the deficiencies in its policies … were appropriate and reasonable,” the judge wrote. “Unfortunately these changes came too late for Mr. Sears.” Read more from CBC Newfoundland and Labrador
