School board doesn't agree with arbitrator's ruling: SD73 superintendent

Photo: Brendan Kergin

Terry Sullivan — the interim superintendent of the Kamloops-Thompson School District — says the board of education does not agree with an arbitrator's decision to reinstate a local teacher who admitted to kissing a former 17-year-old student on the neck.

"The board doesn’t agree with the decision at all. Period," Sullivan tells Castanet. "They’ll be taking further steps based on the advice given to them by their legal counsel."

In a consent resolution agreement, Brett Wasylik admitted to behaving inappropriately with the student at a Kamloops restaurant on the evening of Nov. 12, 2016. Wasylik was attending an end-of-season celebration with a sports team when he noticed the teen working as a hostess. Wasylik spoke to his former student, calling her "f**king hot" and also showed her a photo of him shirtless. During their conversation, he was seen standing very close to her. He also gave her a hug. 

When she got off work, Wasylik offered to walk her to her car, according to the consent resolution agreement. She declined, feeling uncomfortable, but he insisted. Wasylik ended up walking her to her car, where he hugged her again and gave her a kiss on the neck. 

SD73 launched an investigation shortly after; Wasylik denied the allegations. He was give a three-day suspension without pay a few weeks later. He was also required to complete the reinforcing respectful professional boundaries course at the Justice Institute of British Columbia.

On Dec. 6, 2016, SD73 reported Wasylik's misconduct to the British Columbia Commissioner for Teacher Regulation, which resulted in the consent resolution process starting.

On Aug. 23, 2019, a few weeks after the consent resolution agreement was published, Wasylik was let go by SD73. In their dismal letter, the school district said his admissions in the consent resolution agreement were in direct conflict "with the most serious allegation which you flatly denied in the district's investigation." The school district stated it had no confidence in his trustworthiness as a teacher.

The Kamloops Thompson Teachers Association (KTTA) grieved that Wasylik was dismissed without just cause, and in August of this year, arbitrator Ken Saunders ruled in the union's favour.

In his decision, Saunders cited "the labour relations doctrine of double jeopardy" (being penalized twice for the same offence). Because Wasylik had already been reprimanded for the offence in 2016, the school district couldn't enforce a stricter penalty (the firing) unless Wasylik had engaged in additional misconduct. 

Due to privacy reasons, Sullivan could not say if Wasylik is back on the payroll.

"Those are personnel matters. I’m not at liberty to discuss those. Mr. Wasylik has his privacy rights and everybody else does as well. I have all that information but I won’t comment on it," he says.

Sullivan reiterated that the board doesn't agree with Saunders' ruling when asked what he has to say to parents who feel uneasy about the decision.

In a statement issued Tuesday afternoon, SD73 spokesperson Diana Skoglund says the arbitrator's decision has been appealed by the school district to the Labour Relations Board. She says no decision on the appeal has been rendered yet and that Wasylik is not currently teaching.

"The SD73 is committed to ensuring the safety and welfare of students and to ensuring that the public has confidence in the integrity of our teachers and staff," Skoglund continues. "The district will continue to be vigilant in making sure that the interest of students is always put first, and that the trust which the public places in our school system is earned."

When reached by Castanet, the KTTA said it couldn't comment on the case because it's bound by a collective agreement.

Editor's Note: This story was updated to included further comments from SD73.