The ruling finds the dismissal of a professor from the University of Calgary to be disproportionate

Mount Royal University’s decision to fire a controversial professor in 2021 was disproportionate even if her behavior warranted disciplinary action, an arbitrator ruled.

The decision, which runs to more than 300 pages, was announced in July. At issue are ten complaints lodged by Professor Frances Widdowson and the Mount Royal Faculty Association relating to Widdowson’s dismissal on December 20, 2021.

The hearing lasted 30 days, spread over 10 months, and 25 witnesses testified. The hearing included thousands of pages of evidence and focused on harassment complaints filed by Widdowson’s colleagues. Widdowson also filed complaints saying she was harassed.

The hearing’s focus was not on comments made by Widdowson, who made headlines in 2020 when she suggested Canada’s residential school system had educational benefits and complained that the Black Lives Matter movement had “destroyed” MRU – even though it now says the statement about BLM this is supposed to be hyperbolic.

She made headlines again last year when a faculty member invited her to give a lecture at the University of Lethbridge, sparking student protests.

“Twitter War”

Widdowson came to Mount Royal University in 2008 and received tenure in 2011. She taught courses in political science and political science with a specialization in Indigenous politics and indigenous affairs.

“She has controversial views on a range of issues. However, there were never any complaints about the quality or ethics of her scholarship; she did not receive any performance management advice for her teaching or scholarship; and the university supported and recognized their academic activities,” said the decision by arbitrator David Phillip Jones.

Over a period of months, Widdowson and a number of colleagues exchanged a series of complaints about harassment and bullying while engaging in a “Twitter war,” Jones wrote.

A series of investigations followed. Some of Widdowson’s tweets were found to constitute harassment, while some of Widdowson’s complaints against colleagues were also substantiated.

In July 2021, Widdowson filed a complaint against another colleague over his tweets. An investigation concluded in November 2021 that none of these tweets constituted harassment and characterized Widdowson’s complaint as “malicious, frivolous, annoying and made in bad faith.” Widdowson’s dismissal took place in December 2021.

In arbitration, the faculty association noted that the case involved a violation of Widdowson’s academic freedom and argued that there was no harassment.

They argued that the investigation was procedurally unfair and that there was no just cause for disciplinary action. As a result, the association said Widdowson should be reinstated with full retroactive salary and benefits.

The university, however, argued that the case was about harassment and had nothing to do with academic freedom. Widdowson’s behavior was merely grounds for a two-week suspension and termination of her employment, the university said.

Controversial academic Frances Widdowson, pictured at the center of this photo wearing a T-shirt that reads “Rational Space,” appeared at the University of Lethbridge on February 1, 2023, despite the school canceling her lecture after days of resistance from students and teachers had canceled. (Sarah Jones/Lethbridge News Now)

Dismissal not appropriate, writes referee

As part of the arbitration, eight complaints related to the complaint investigation process, while two related to Widdowson’s suspension and dismissal.

The eight procedural complaints were dismissed by Jones. On one of Widdowson’s complaints, Jones ruled that a two-week suspension was disproportionate and ruled that a letter of reprimand should be substituted for the suspension.

When it came to firing Widdowson, Jones wrote that Widdowson’s conduct warranted disciplinary action, but that firing was not an appropriate punishment.

However, the decision states that Widdowson’s continued employment at the university would not be viable for several reasons, including Widdowson’s continued hostility toward the university and her colleagues, testimony that her return to the university would be disruptive, and her ” Persistence” Throughout the arbitration hearing, I determined that a number of the tweets examined did not constitute harassment.

Instead, the arbitrator recommended a monetary payment rather than reinstatement with lesser penalties.

Financial details are still being determined

In an interview with CBC News on Friday, Widdowson said she was pleased with the arbitrator’s decision that she was unfairly terminated.

However, she said she remains upset with how the arbitration process handled the harassment issue.

“People still think I committed harassment, which wasn’t the case. I have analyzed in detail the various findings presented by the various investigators,” she said.

“Four different investigators were hired by the MRU and these investigators all came to different, contradictory findings. What we need to make the decision is that there is a neutral person who can establish the facts on this issue.”

A statement from Mount Royal University said it understands “the ongoing impact of this process on our faculty, students and staff.”

“We will have no further comment while the formal process continues,” the statement said.

After an extension, the response deadline for financial claims is set for October 16th.

The Mount Royal Faculty Association said it does not comment on active complaints and arbitration processes, adding that there is the possibility of judicial review.

The Canadian Association of University Teachers declined to comment, adding it is in the process of filing a claim for damages based on the arbitrator’s decision.