Timothy Conklin appealed a 2018 B.C. Human Rights Tribunal decision that found he was not discriminated against on the basis of sexual orientation in the dismissal.
B.C.’s Court of Appeal has upheld the firing of a UBC student advisor who hooked up with students using online apps.
UBC said Conklin had identified himself as a university employee in a student residence in the posting, saying what he was looking for in sexual partners, including students. Still, Conklin was called for a meeting with faculty officials and asked about the posting. The assistant dean’s notes said Conklin confirmed he was looking for campus hook-ups.
The university was concerned Conklin’s activities on the app could include the students he was expected to provide services to.In a second meeting, this time with an advocate from the Association of Administrative and Professional Staff, with Conklin present, UBC officials read from a note saying, “the university is concerned that Mr. Conklin identified himself as a UBC employee on social networks and engaged in romantic and sexual relationships with UBC students through these networks.
UBC argued it would have treated any other employee — heterosexual or homosexual — in the same way if engaged in the same conduct.“Pernicious stereotypes about gay males are certainly real,” tribunal member Emily Ohler wrote. “But Mr. Conklin’s argument, in my view, suggests his own blind spot for the very real issues of striking the appropriate balance between protecting the freedom and privacy of UBC employees and the vulnerability of UBC students in the context of the power dynamics in play.
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