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Pictured Above: KAREN BARNES

College spent $618,433 on sisters' case

Yukon College has spent nearly a million dollars on human rights complaints between 2002 and 2011.

By Ashley Joannou on February 13, 2012

Yukon College has spent nearly a million dollars on human rights complaints between 2002 and 2011.

That includes spending $618,433.44 on the case involving twin sisters Sarah Baker and Susan Malcolm.

In that case, the college was eventually ordered to pay the women $50,000 late last year.

The college released the information via press release today.

It did so months after the Star filed an official request for the information under the territory's Access to Information and Protection of Privacy Act (ATIPP) in October 2011.

The request was initially refused on the grounds that the information was covered under lawyer/client privilege.

The Star appealed the decision and was expecting to hear an official response soon.

Malcolm and Baker were registered in the college's community support worker program in 2004.

The pair filed a formal human rights complaint, claiming they had been harassed and discriminated against by two of their instructors.

The sisters, now both in their 60s, said the instructors drove them to quit the program after they told the siblings they smelled, and were not physically fit enough.

They say they were also repeatedly told they wouldn't be successful if they continued in the program on the full-time basis.

The complaint was referred to a Yukon human rights board of adjudication in February 2007.

After years of meetings and hearings, the commission found that the college did not discriminate against the twins on the basis of their age nor family status.

However, the pair was discriminated against and harassed on the "basis of physical and cognitive disability or perception thereof,” adjudicator Barb Evans said in her decision dated May 2011.

The college then appealed the decision, claiming Evans' ruling was invalid since her term as an adjudicator had ended in December 2010.

The Yukon Supreme Court denied the appeal.

In the end, the college was ordered to pay the sisters $10,000 each for the damage to their dignity and $30,000 to help cover legal costs.

From 2002 to 2011, an additional $380,348.22 was spent on other cases unrelated to the Malcolm and Baker case, the college said.

College president Karen Barnes said today there have been two other human rights cases involving the college since 2002.

Both were settled, but Barnes, who succeeded Terry Weninger as president last fall, said she doesn't have any more details on the cases.

One of those cases was likely Farley Hayes, who settled a four-year battle with the college out of court in 2009.

Hayes, who was in the midst of a liver transplant, had been absent from work for two years. The college – acting on advice from its insurance company – decided it was time to cut the computer technician loose.

It did so with limit medical evidence, a human rights board found.

In total, the cost for defence and settlements in human rights cases involving the college was $998,781.66 over the 10-year period.

"I think no one likes to be involved in litigation; it's a costly process and everybody knows that; it is unfortunately part of doing business these days,” Barnes told the Star.

"I think human rights is a good thing in general, that we have a system in place to protect people.

"The college did, I think, the right thing; we defended instructors who were doing the best they could at their jobs and defending our students' right to success.”

Barnes said the college has developed a number of policies for dealing with human rights complaints.

In the Malcolm and Baker case, about half of the $600,000 was spent on representation at a nearly 30-day hearing into the case in 2008, Barnes said.

The college's board approves the budget every year and there is always money included to cover legal expenses, she added.

Usually the college allots between $40,000 and $60,000 a year to cover legal costs as part of its annual administrative budget.

"Fortunately, the college has always maintained a reserve fund for contingency, which is a good practice, and most colleges do it,” Barnes said.

"We were able to dip into that reserve to pay for those legal costs during those high-cost years.”

The college has since been able to replenish most of those reserves, she said.

The reserve fund is about 10 per cent of its annual operating budget of approximately $19 million.

The chair of the college's board of governors says he supports the decisions of previous college administration and board members to challenge the Malcolm and Baker case.

"For many years, as a board of governors of the college, we felt it important to support our staff, and go the distance to protect people's professional and personal reputations,” Paul Flaherty said in the release.

"We stand by the decisions made by previous administrations of the college in this case.”

The Star had yet to receive the official documents it requested as of early this afternoon.

Comments (9)

Up 0 Down 0

Steve E on Feb 20, 2012 at 4:45 am

I would like to know the name of the law firm which recommended the college continue throwing money at this case. Then again maybe the college went against their hired counsel's advice. Maybe this indicates the quality of government lawyers if a private firm was not hired.

Up 0 Down 0

susan on Feb 18, 2012 at 1:22 pm

The current administration will come clean to distance themselves from the previous administration's disastrous and ill-founded idea to challenge the sisters' case in the first place. It should have been settled long ago before the tax payers' money was wasted to this extent.

Up 0 Down 0

north of 60 on Feb 17, 2012 at 11:24 am

The pretentiousness and gross ineptitude of the Yukon College administration would be laughable to the extreme if they weren't wasting tax dollars in the process of being such bumbling idiots.

The Yukon needs a better trade school, and a two year college program for university prep. Stop trying to be a third rate university and serve the needs of Yukoners.

Up 0 Down 0

Anglophobia on Feb 17, 2012 at 6:24 am

As the only Englishman in an English 101 class day #1, the professor said," if you want to know why the English language is so limited, go to England."

I was in fact older than the professor by quite a number of years.(she knew I was English)

Why was the professor (female) kowtowing to the Non-Anglos at my expense?

Up 0 Down 0

David Archer on Feb 15, 2012 at 11:26 am

If this is any indication of the style of management being used at the college, I can clearly see why tuition costs are up. This seems to be an issue of pride before the fall. I really think it is time for some spring cleaning. Really! Who blows a million dollars, losing two cases and two appeals. It sounds belligerent, and it sounds like the board is showing little respect for the funds that the minister of education blindly hands over to the them, to do what they do. There might be some group think and friendships hindering proper management at the college. These actions demand an inquiry.

Up 0 Down 0

Ann Morrison on Feb 15, 2012 at 9:52 am

So - might is right, eh? The college has 10% of $19 million annually to come to the defence of their instructors while the student has to fend for him/her self!! Where is the justice? Where is the equity? So, the women got $10,000 each for the damage to their dignity! Great!!! What about the permanent damage to their health from all the ongoing stress of all those years of litigation?

Time to have a thorough investigation of how Yukon College is run and how public money meant for education is being squandered.

Up 0 Down 0

Andre on Feb 14, 2012 at 2:48 pm

Disgusting! The problem is that most governments (Federal, Territorial, Municipal and First Nations) and large institutions attempt to out-litigate the little guy, irrespective of the merits of the case. To add insult to injury, this is money that leaves the Yukon forever. There are certainly local lawyers who are as competent (if not more competent) and who would have done the same work for more realistic fees. Perhaps the Yukon College should request a taxation of the lawyer's bill.

Up 0 Down 0

Niall Sheridan on Feb 14, 2012 at 7:27 am

It clearly shows that the establishment there don't like to lose challenges. Their priorities are clearly skewed - they are supposed to provide education with that money, not make work projects for lawyers. There clearly needs to be an enquiry into the running of the administration if they are allowed free rein to use public money in this fashion. One wonders what - if any - written policies there are or is the place being run by the seat of someone's pants?! Clearly someone - if one - with large ego and large public purse to back it. Needs to be stopped and further enquiries made as to what other wasteful spending decisions have been made to fritter away taxpayers money on vanity projects.

Up 0 Down 0

Amber on Feb 13, 2012 at 3:26 pm

..... and people wonder why tuition is constantly going up? Maybe if they prioritized their spending (i.e... pay them out from the beginning) they could give Yukon students a more affordable education.... just a thought......?

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