L.1 “Ontario Human Rights Commission defines poisoned environment as; a form of discrimination. A poisoned environment may be created when unwelcome conduct or comments are pervasive within the organization, which may result in a hostile or oppressive atmosphere for one or more people from a Code-protected group. This can happen when a person or group is exposed to ongoing harassment. However, a poisoned environment is based on the nature of the comments or conduct and the impact of these on an individual rather than just on the number of times the behavior occurs. Sometimes a single remark or action can be so severe or substantial that it results in a poisoned environment.
A consequence of creating a poisoned environment is that certain people are subjected to terms and conditions of employment, tenancy or services that are quite different from those experienced by people who are not subjected to those comments or conduct. This gives rise to a denial of equality under the Code.
The comments or actions of any person, regardless of his or her position of authority or status, may create a poisoned environment. Therefore, a co-worker, supervisor, co-tenant, member of the Board of Directors, service provider, fellow student, etc. can all engage in conduct that poisons the environment of a person with a disability.
Behavior need not be directed at any one person to create a poisoned environment. A person can experience a poisoned environment even if he or she is not a member of the group that is the target. Further, not addressing discrimination and harassment may in itself cause a poisoned environment.
Organizations have a duty to maintain a non-discriminatory environment in services, housing and employment, to be aware of a poisoned environment that exists, and to take steps to respond and eliminate it.
Management who know, or ought to know, of a poisoned atmosphere but allow it to continue are discriminating against the affected tenants, employees or service users even if they are not themselves actively engaged in producing that atmosphere.”
Read article: Ontario Human Rights Commission – Forms Of Discrimination
L.2 Racism is “pervasive within the (DSBN) organization,” as is evident and admitted by the DSBN and Warren Hoshizaki. Additionally, it is evident that the applicant has experienced “ongoing harassment” from a number of DSBN employees, including Kevin Maddalena, S. Masterson, C. Vizzari, Jacqueline Ravazzolo and Mary Anne Gage.
L.3 The “nature of the comments or conduct” by Jacqueline Ravazzolo and Kevin Maddalena is beyond disturbing. And the “impact” has been irreversible on an emotional and mental level for the applicant and his family. The applicant’s many experiences are significantly “different from” what any student who is Caucasian would ever encounter.
L.4 And it all stems from the single event on September 27, 2021, when Jacqueline Ravazzolo was unable to let go of her prejudices and refrain from racial profiling the applicant.
L.5 With the occurrences between the applicant and Marcus, Hunter and Natasha—the Caucasian bullies—all within two months of starting school. It makes it evident that applicant’s learning environment was gradually be poisoned and that the DSBN, Warren Hoshizaki and Christopher McInnis were allowing it, with the goal that the applicant would ultimately not want to attend school and that they could then protect Jacqueline Ravazzolo from being held accountable. Basically allowing the Marcus effect to take center stage once again and not have to address Jacqueline Ravazzolo discriminatory and racist behavior.
L.6 “This information would have lead to a follow-up discussion however, the other student involved moved from Connaught to another school and therefore further follow-up was not possible.”
L.7 It was clear that from September 16, 2021 after the parents emailed Kevin Maddalena and criticized him about his subpar teaching methods and his deliberate deception regarding his willingness to help their son with additional class-related work to help him stay at par with his class.
L.8 Kevin Maddalena began attempting to prevent the applicant from receiving an equal education. As a teacher, he is aware of how much more difficult it is for Black children to get around in the educational system. So he went above and beyond to intentionally poison the applicant’s environment, making it difficult for the applicant emotionally and mentally in the short and long term of things. Every action taken by Kevin Maddalena had a negative impact on the applicant capacity to learn and enjoy his time at school.
L.9 Kevin Maddalena secretly became hostile towards their professional student and teacher relationship that he was now sabotaging to teach the Black child/student about the repercussions of telling to your parents what happens in his classroom. And despite Kevin Maddalena destroying their relationship, the Black child/student was still always respectful and polite to a teacher who HE KNEW was now deliberately poisoning their relationship that had started off as great.
L.10 Kevin Maddalena was now pissed off and made a conscious decision to raise the stakes in an effort to further restrict the applicant’s capacity to learn and value education. He tried to put more roadblocks and impediments in the way of a racialized child/student rather than help him traverse the discriminator system equally.
L.11 The list of Kevin Maddalena racist and prejudice behavior is well document and explained through Parts 31 to 35.
- Kevin Maddalena ruining and poison the positive relationship that existed between himself and the applicant.
- Discussing the applicants private matters with students unrelated to the situation.
- Kevin Maddalena making an effort to portray the applicant’s parents as unreasonable and being irrational.
- His willingness to lie in an attempt to protect Jacqueline Ravazzolo, his supervisor by inserting himself into a conversation that he was never part of.
- Noticing that the applicant continuously performed very poorly on four Fatty Legs chapter reports. And he did nothing to try and improve the situation.
- Sent material home for extra work that was totally unrelated material to learn what was being taught in class.
- Using the ridicules excuse of “equity issues” and implied cheating so as to not to have to help the applicant get better and to limit his parents ability to help him and stay up to speed with what was being taught in class.
- His eagerness and assistance to help the parents home schooling their son. Kevin Maddalena did not even try to persuade the parents that his classroom and the DSBN system works and that homeschooling should only be a last choice WHEN NECESSARY!
- Kevin Maddalena should have taken charge and adhered to DSBN policy and taken the applicant’s account of events seriously and the applicants concerns straight to Jacqueline Ravazzolo about Marcus racist “You are worthless” and “You should kill yourself.” And because Kevin Maddalena did not, instead, he offered excuses for Marcus actions. At that point It became the applicant’s word against a racist Jacqueline Ravazzolo.
- Kevin Maddalena began to refuse and acknowledge the applicant when putting his hand up to answer questions in class.
- Always provided the smallest of effort when assisting the applicant when requesting help.
L.12 Kevin Maddalena cannot be absolved of his responsibility for his own discriminatory and racist behavior against the applicant and his family.
L.13 Again here we have a Caucasian DSBN employee willing to place his Caucasian skin tones, professional titles, reputations, social standings, and ages against a 12-year-old Black child/student credibility in an act of retaliation and protection for his supervisor Jacqueline Ravazzolo .
Safety
L.14 All members of the school community must NOT:
- engage in bullying behaviors, including cyberbullying;
- inflict or encourage others to inflict bodily harm on another person
- engage in hate propaganda and other forms of behavior motivated by hate or bias
L.15 – engage in bullying behaviors / inflict or encourage others to inflict bodily harm on another person / engage in hate propaganda and other forms of behavior motivated by hate or bias – Kevin Maddalena upon being informed by the applicant of the cruel and hateful behavior of the Caucasian bully Marcus. Concluded that spending time discussing the issue in any meaningful sense was not worth his time. Instead, Kevin Maddalena marginalized the situation by making excuses for the bully Marcus’s unacceptable and heartless behavior and advised the applicant “You need to get use to his (Marcus) behavior” and the “swearing” while disregarding the policies and directives established for such situations by the Government of Ontario and the DSBN.
L.16 Kevin Maddalena essentially just gave the Caucasian bully Marcus the green light to repeat his behavior, as he was basically allowed to walk away with it without any form of consequences.
L.17 And to make the situation worse, instead of Kevin Maddalena taking the matter to the principal Christopher McInnis, acknowledging the seriousness of the situation. Kevin Maddalena instead gave Marcus permission to proceed to the office, where he would tell of his biased recollection of events in pursuit of causing more problems for the applicant.
L.18 The Caucasian bully Marcus did not get what he was after with Kevin Maddalena, so he requested to go to the office and try get the attention of either Christopher McInnis or Jacqueline Ravazzolo. It is clear what happened from that point.
L.19 By Kevin Maddalena not following through with his DSBN mandated obligations to create “a place that promotes responsibility, respect, civility and academic excellence in a safe learning and teaching environment. A positive school climate exists when all members of the school community feel safe, included, accepted, and agree that it is the responsibility of all individuals to actively contribute to a positive school climate.”
L.20 Instead Kevin Maddalena gives Marcus encouragement to carry on with his bullying tactics, to tell other Black students that they should kill themselves because they are worthless and to continue to hate students who don’t look or act like him.
L.21 Remember – No Consequences Equals Repeated Behavior!
Teachers and other school staff
L.22 Under the leadership of their principals, teachers and other school staff maintain a positive learning environment and are expected to hold everyone to the highest standard of respectful and responsible behavior. As role models, teachers and other school staff uphold these high standards when they:
- help students work to their full potential and develop their sense of self-worth
- empower students to be positive leaders in their classroom, school, and community
- communicate regularly and meaningfully with parents
- maintain consistent and fair standards of behavior for all students
L.23 1. Kevin Maddalena helping the applicant work to his full potential and develop their sense of self-worth was the furthest thing from his mind. A perfect example from the many ways is again, when he allowed the bully Marcus to tell the applicant to kill himself because he was worthless. And in front of the applicant, Kevin Maddalena margilized the statement and then made excusesfor Macus creul behaviour and tried to convience the applicant that it was just a normal part of everyday life at the DSBN.
L.24 When employees behave in such a prejudiced way, what message does the DSBN, Warren Hoshizaki, Mary Anne Gage, Christopher McInnis and Kevin Maddalena believe it sends to students in general, and Black students in particular, about their own self-worth?
L.25 2. The only person who was empowered through out this situation was the Caucasian bully Marcus. Because he knew that he had control of the situation the moement Kevin Maddalena refused to address the matter.
L.26 4. Once more, it is proven that the Black applicant had to get used to life in a classroom with a teacher who he knew did not like or respect him, who was willing to fabricate lies about him, and was still willing to sit at the front of the class, ignoring his pleas for help, while he gave the Caucasian bully preferential treatment.
L.27 3. And as we all know and have talked about the unspoken customary policy to maintain silence. Kevin Maddalena had declined to talk to the parents about his actions and has only spoken with Mary Anne Gage, his legal representation on the matter of his sudden appearance. He made the decision to completely disregard the parents simple and straightforward request for clarification on the matter.
L.28 It is evident that Kevin Maddalena failed to uphold the mandated policies made by the DSBN and the Government of Ontario.
L.29 Similar to Jacqueline Ravazzolo, Kevin Maddalena uses the improper silence argument as an excuse to disregard the parent’s queries and worries regarding his inappropriate and unprofessional actions.
L.30 When parents express concerns and questions about the safety and well-being of their children while interacting with DSBN employees. The HRTO must communicate that ignoring the parents is unacceptable and goes against the DSBN’s and its employees unwavering commitment to promoting open communication between the DSBN and parents through their website, updates, and emails.
L.31 Parents have a legal right to know who what public employee has access to their children. And that parents should receive a thorough and honest explanation in cases where there is a negative contact between a DSBN employee and their child.
L.32 And that if a school boards and employees wishes to continue to implore this type of unsettling behavior, of remaining silent on these types of matters. It will draw a negative inference towards the employee and the school board with the HRTO when making any order.
L.33 The HRTO must let school boards and their employees know that silence is not a defense, nor is it a form of protection from being held accountable for inappropriate and racist behavior.
L.34 In order to make it abundantly evident to Kevin Maddalena and everyone else inside the DSBN and its racist culture that deliberate acts of this kind are abhorrent and will not be tolerated in any form against any student who is racialized and their parents. Kevin Maddalena must face severe financial penalties from HRTO.
L.35 Kevin Maddalena must understand that his willful discrimination and prejudice actions against the applicant and his family are unacceptable. That a Black child/student and his family suffered emotional anguish, fury and frustration as a result of his discriminatory activities, among other things.
L.36 If the HRTO is truly committed to ending racism in our school boards and schools, it must impose serious financial penalties that make it abundantly evident that racism in our school boards and schools is no longer acceptable anymore—or else you and your employees, retired or not will be held financial accountable!