School board integrity commissioner recommends code of conduct sanctions for trustee Nili Kaplan-Myrth

At its meeting on Tuesday night, the board will weigh recommendations to find that trustee Nili Kaplan-Myrth had violated the code of conduct and to bar her from attending meetings for a time period deemed appropriate.

Published Dec 17, 2023 • Last updated 1 hour ago • 6 minute read

Ottawa-Carleton District School Board trustee Dr. Nili Kaplan-Myrth in a file photo from a past board meeting. Photo by Julie Oliver /POSTMEDIA

Ottawa’s largest school board will be contemplating whether to apply code of conduct sanctions to a trustee who accused a colleague of “having it out for me since Day 1” at a public meeting on Sept. 11.

In a report to be tabled at an Ottawa-Carleton District School Board meeting on Tuesday, board integrity commissioner Suzanne Craig outlined her investigation and findings on complaints about three trustees under the board’s code of donduct.

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“This inquiry raises a number of significant and pressing issues regarding the role of school board trustees, the manner and extent to which they may perform their mandated oversight duties and conduct themselves, express their views and make decisions in the course of carrying out their official duties,” Craig wrote.

Two complaints were filed after a special board meeting Sept. 11 resulting in investigations into actions and statements by trustees Nili Kaplan-Myrth, Donna Blackburn and Donna Dickson.

In her 185-page report, Craig concluded that Blackburn and Dickson did not breach the code of conduct, but Kaplan-Myrth had.

In one finding, Craig said Kaplan-Myrth, who has been the target of antisemitic death threats, violated the code of conduct when she ignored a security plan developed by school staff and went to make a statement to reporters in a glass-enclosed room behind council chambers after the Sept. 11 meeting.

“In so doing, Trustee Kaplan-Myrth undermined the work of staff who had diligently worked to create a safe location for her,” Craig wrote.

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Craig ruled Kaplan-Myrth had through social-media posts engaged in conduct that “discredits and compromises the integrity of the board and has contributed to conflict rather than resolution of issues with her trustee colleagues.”

In one post, Kaplan-Myrth said the code of conduct was “a way to try to silence progressives. What a bloody waste of money, time, and energy.”

Kaplan-Myrth failed to make any effort to de-escalate the conflict with her colleagues, Craig wrote.

“To the contrary, she escalated the conflict with her behaviour played out on social media posts. Trustee Kaplan-Myrth, as each trustee, has a right to share her opinion and participate on social media, she has a right to call out and denounce racism, antisemitism and all forms of discrimination, oppression and hate. However, disparaging the Code and the Code process is not appropriate criticism.”

The background to the investigation goes back to November 2022, when Kaplan-Myrth, a family physician and rookie trustee, was seeking support for a temporary mask mandate in schools. When Dickson was reluctant to support her motion, Kaplan-Myrth urged Dickson, who is Black, not to side with “white supremacists.”

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That prompted a code of conduct investigation of Kaplan Myrth. At the Sept. 11 meeting, she was not found in breach of the code even thought the majority of trustees — seven of 12 — voted to find her in violation. Four trustees abstained. Under board policy, eight of 12 trustee votes are required to find a code of conduct violation.

Kaplan-Myrth was permitted to attend the Sept. 11 public meeting, but not to make comments. She later argued that, since she was barred from an in camera meeting prior to the public meeting, she could not have known this.

At the public meeting, Blackburn said Kaplan-Myrth was a “white woman attacking a Black woman,” a reference to Dickson.

Kaplan-Myrth interrupted Blackburn. “I object. You will not characterize me as a white woman. I am a Jewish woman who has received daily antisemitic death threats for standing up for health and safety. You have been out to get me from Day 1.”

Lyra Evans, then chair of the board, muted Kaplan-Myrth’s microphone, but her comments were captured and the outburst was posted on social media.

Kaplan-Myrth later made a statement to reporters in the media room. Blackburn followed her to that room and refused to leave as Kaplan-Myrth shouted: “Out! Out! Out! Out!”

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Craig found that Kaplan-Myrth was disrespectful and intimidating in her comments and behaviour toward Blackburn and some individuals in the media room.

“It was unclear why Trustee Kaplan-Myrth felt her media interviews should take precedence over those of other trustees. If her concern was for her safety, she had been provided a dedicated safe space,” Craig’s report said.

Craig has interviewed 19 witnesses, including staff and trustees, reviewed public and confidential board documents, video and audio recordings of board meetings and minutes of in-camera board meetings as well as emails, social-media posts and media interviews.

“There was an overwhelming sentiment of sorrow for her circumstance caused by the unconscionable hate messages she has received and continues to receive,” Craig wrote. “However, witnesses with whom I spoke expressed their reticence to ‘engage with her,’ due in part to what has been described as Trustee Kaplan-Myrth’s volatile personality.”

One witness told Craig: “She’s like a wounded bird, but then she snaps at you.”

Another said: “I want to wrap my arms around her and protect her, but then she turns on me.”

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Trustees have the right to speak with the media and to give interviews as long as they do not hold themselves out as speaking on behalf of the board or make statements that are demeaning or disparaging, Craig wrote.

By interrupting Blackburn and shouting, “You have had it out for me since Day 1,” Kaplan-Myrth made a personal and demeaning statement, Craig found in her report.

In her response to the complaint, Kaplan-Myrth said she considered Blackburn’s statement to be racist.

In response, Craig wrote there were approved procedures for a trustee to use when they were offended or believed themselves to be victimized, belittled, intimidated, harassed or discriminated against.

“The way forward is not to shout, post on social media or personally attack others.”

Undoubtedly, Kaplan-Myrth has received hurtful, hateful, and vile communications on social media from both known and anonymous sources, Craig wrote. “However, the fact that some trustees may disagree with Trustee Kaplan-Myrth on matters that come before the board should not result in her directing anger at her trustee colleagues.”

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After the integrity commissioner’s report and responses are tabled on Tuesday, the board is to decide whether to apply sanctions to Kaplan-Myrth.

Craig’s recommendations include that the board find Kaplan-Myrth violated the code of conduct and bar her from attending the next meeting and any others for a period of time deemed appropriate by the board.

She also advised engaging a mediator to work with trustees to “overcome the issues of dysfunction and distrust that underlie the complaint,” increasing safeguards for all trustees and enhancing measures to shield Kaplan-Myrth from hate mail and death threats through school board servers.

After the integrity commissioner’s report and responses are tabled at a meeting on Tuesday, board trustees are to decide whether to apply sanctions to fellow trustee Dr. Nili Kaplan-Myrth. Photo by ERROL MCGIHON /ERROL MCGIHON

On Thursday, Kaplan-Myrth filed a complaint with the Human Rights Tribunal of Ontario. “She is entitled to do so,” Craig said.

In her application to the human rights tribunal, Kaplan-Myrth alleged she had been subjected to antisemitic treatment after she spoke out about masking in schools and the rights of transgender students, but fellow trustees and senior board leaders had dismissed the gravity of the situation.

In an interview on Saturday, Kaplan-Myrth said she was portrayed in the code of conduct report as a problem in a system that was toxic long before she was there. There was bias and inherent antisemitism throughout the report, she said.

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“Referring to me as white is racist. I am a Jewish woman,” Kaplan-Myrth said.

“They are disqualifying my voice as a Jewish woman. It dismisses the seriousness of the antisemitism. It plays into the trope that Jews are not a valid equity-seeking group.”

Kaplan-Myrth said she would not be attending Tuesday’s meeting in person because she feared for her life after receiving the death threats.

“I can’t put myself in harm’s way.”

Blackburn declined to comment Saturday, saying she would speak after the board made a decision.

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