Labour Board Overturns Firing of Toronto Teacher Who Painted Face Black for Halloween Costume

An Ontario labour board has overturned the firing of a Toronto high school teacher who painted his face black as part of a Halloween costume while teaching in 2021.

Business teacher Gorian Surlan, who was born in Serbia in 1962 and moved to Canada in 1992, was fired from Toronto’s Parkdale Collegiate Institute in November 2021 after three students complained he was wearing a blackface Halloween costume in class. However, an arbitrator has ruled that Surlan’s appearance of blackface was unintentional, as was first reported by Blacklock’s Reporter.

Arbitrator Norm Jesin, vice-chair of the Ontario Ontario Labour Relations Board, found that Surlan did not intend to dress in an offensive manner and did not intend to offend or cause any harm to the school or the community, according to an Aug. 14 arbitration case document.

The Toronto District School Board argued that “intention is irrelevant when considering whether an employee is culpable for conduct which is racially offensive and harmful.” The board added that the impact of the harm is what must be considered.

‘Something Scary’

On Oct. 29, 2021, Surlan “hastily” put together his Halloween costume to wear to school that day with help from his daughter, according to the agreed upon statement of facts. She gave him black make-up, so he decided he would dress as something “scary.”

Surlan wore a black shirt, black pants, and black shoes, and painted his whole face black. He wore a black fabric mask over his face to comply with the COVID-19 mask protocols at the time.

“His intention was to present a scary persona, like that of a zombie,” the document reads.

While Surlan encountered the school’s principal, vice-principal, and several teachers that morning, no one told him the costume was inappropriate. Surlan told the principal and students that he was dressed as a zombie or “something scary.”

During his first class, Surlan put a blue medical mask under the black mask but removed the black mask as he found it difficult to breathe. The students in the class took pictures of Surlan.

Three students approached the vice-principal and told him their teacher was dressed in blackface, showing a picture they took of Surlan in class. Two students were visibly upset, and one was crying.

Surlan was called to a meeting with the principal and vice-principal where he was told that students were upset that he was wearing blackface. Although Surlan “did not seem to understand the issue,” he apologized.

“He was asked if he was aware of the controversy over Justin Trudeau appearing as Aladdin in blackface,” the document says. “He said he was but that he was not trying to depict any person. Rather he was attempting to portray a zombie. The grievor was then instructed to wash his face and to return to class, which he did.”

‘Profuse Apology’

That day, Surlan was placed on a leave of absence pending investigation. His employment was then terminated on Nov. 15, 2021, based on the reasons that he “knew or ought to have known” that his actions were in conflict with the school board’s policy, and that the impact of his actions on the school and community at large was “severe, long lasting and irreversible.”

The school board did not dispute that Surlan was unaware of the significance of his actions and did not intend to offend, but it said that intention is “irrelevant” in determining if an employee is blameworthy for “racially offensive and harmful” behaviour.

Meanwhile, the Ontario Secondary School Teachers’ Federation, the union responsible for Ontario secondary school teachers, said that Surlan’s intention is relevant in determining the appropriate penalty for his actions. The union agreed that Surlan’s conduct was deserving of discipline, but argued that termination was an “excessive response in the circumstances.”

“Indeed, once the grievor was informed of the upset that his costume had caused he was horrified that he wore a costume that was considered racially and culturally offensive,” the document says. “He immediately issued a profuse apology for his actions.”

Arbitrator Jesin agreed that “intent is still relevant in determining whether the misconduct is so egregious that the employment relationship cannot be saved.”

“I accept that the grievor, given his background, had no idea what his ‘costume’ represented to the student population,” Jesin wrote.

After Surlan was fired, the Ontario College of Teachers recommended he complete a course on anti-black racism and blackface. He completed the course as of Oct. 1, 2023, and was then in “good standing” with the college.

Jesin determined that the appropriate penalty for Surlan’s actions would be a suspension without pay until the date he completed the anti-racism course.

“It is therefore my determination that the penalty of discharge be rescinded and that the grievor be reinstated forthwith with no loss of service or seniority,” Jesin wrote. “He is to be compensated for all wages and benefits lost from October 1, 2023.”