Judicial Review of McMaster University Tribunal

In September 2013, a McMaster University Board-Senate Hearing Panel issued a public report regarding its findings on complaints filed under McMaster University Anti-Discrimination Policy.  Individuals in the DeGroote School of Business had filed the complaints. The Tribunal found there were breaches of the University’s Anti-Discrimination Policy and recommended several remedies, including both individual sanctions for breaches of the Policy as well as remedies for University breaches of the Policy. The University shortly thereafter began implementing the recommended remedies. MUFA issued a statement on the Tribunal report in October 2013.

In response to some of the individual sanctions, seven faculty members applied for a judicial review of the Tribunal proceedings and recommended remedies in August 2014. In February 2015, MUFA stated its position on this review.

The judicial review process has been underway, the applicants and respondents have now filed their initial briefs, and the Divisional Court will hear the matter on April 26-28, 2016. Below are links to the primary documents filed in the review.

• Amended Applicant Factum (171 pages)
• Amended Respondent (McMaster University, the Senior Administrator at McMaster University, and Certain Unnamed Individuals at McMaster University) Factum (159 pages)
• Respondent (Board-Senate Hearing Panel for Sexual Harassment/Anti-Discrimination McMaster University Anti-Discrimination Policy) Factum (27 pages)

In addition to the primary judicial review documents linked to above, MUFA also has copies of the supporting documents (several GBs), which can be provided to our members upon request.