Denials continued despite interviews with students in room
A teacher was fired for “evidence of misjudgment” after he left a classroom door open in a high school that served special-needs students.
Craig Kondruck worked for the Windsor School Board in Ontario and was assigned to the Century Secondary School as an occasional teacher.
He first worked with the board in 1983, but left in 1988 to work as a missionary in Morocco. He returned briefly in 2003, then permanently in 2005.
On Feb. 22, 2013, Kondruck left class and did not properly close a door to a room that contained knives, a stove and cutlery, and was used for classes in nutrition and cooking. Because the school served some students with autism (among other disorders), the door was designated to be secured at all times when a teacher wasn’t present.
After Kondruck finished his assignment that day before lunch period, he received another request to work at another school after lunch. He immediately left for the other school, which was located on the other side of the district.
During lunch period, Katherine Gillis-DeJong, also an occasional teacher, noticed the cooking class door was ajar. She looked in and found a student sleeping at one of the desks.
She asked the student to leave the room and then went directly to the vice-principal’s office to report what happened.
While that was happening, the regular teacher for the class, Lynn Andrews, returned from a professional-development assignment and found the door unlocked. She also informed the vice-principal who requested Andrews email Kondruck about the incident.
He responded via email: “I don’t recall the circumstances but I would not have left a student in the classroom even though I was pressed to be at Essex S. that afternoon. Also, the key I was given did not work in the door.”
Paul Antaya, superintendent of education, was apprised of the situation and he asked Andrews to speak with each member of the class to find out how the door became unlocked.
After the investigation, it was decided that Kondruck left the sleeping student alone when he left the room after the class.
In a meeting with Antaya on March 26, Kondruck maintained his story, refuting that he left the door open and unlocked. Antaya decided to terminate Kondruck for the incident as well as two previous written reprimands and two suspensions Kondruck had received during his career with the employer.
The union, Ontario Secondary School Teachers Federation, grieved the dismissal and argued Kondruck leaving the door unlocked on one occasion wasn’t enough to warrant his firing.
Arbitrator Norm Jesin upheld the grievance and ordered Kondruck be returned to his position, but with a punishment as substitute for termination.
“I have determined that in light of the record and Kondruck’s conduct on Feb. 22, 2013, coupled with his reluctance to accept full responsibility for this incident, a suspension for the time of his discharge until the end of the 2012-13 school year should be substituted on his record.”
Kondruck went through personal bankruptcy after he was terminated, according to Jesin, and, “I do not think the grievor should bear the loss for this period of time. Discharge was simply too harsh a penalty in all the circumstances.”
Kondruck’s long service should have been taken into account when deciding what punishment was appropriate.
“I have considered that Kondruck has taught for the employer or its predecessor for approximately 13 years spanning over a period of nearly 35 years. Although this incident should not be taken lightly, it does not demonstrate, even with the grievor’s record, that the grievor is incapable of continuing as a valuable occasional teacher,” said Jesin.
Reference: Greater Essex County School Board and Ontario Secondary School Teachers Federation . Norm Jesin — arbitrator. Leonard Kavanaugh for the employer. Vaino Poysa for the employee. Sept. 25, 2017.
