Case Report – Arbitrator Brent’s teaching evaluation data award upheld

30 May

On May 22nd, the Divisional Court dismissed a judicial review of a February 2007 decision by Arbitrator Gail Brent in which she held that the University of Windsor did not violate its faculty collective agreement or the Ontario Freedom of Information and Protection of Privacy Act by publishing teaching evaluation scores on a secure network for access by students and other members of the university community.

It held that Ms. Brent was reasonable in construing the term “personal information” in the relevant collective agreement provision narrowly such that it excluded teaching evaluation scores. It also held, without deciding on the applicable standard of review, that Ms. Brent was correct in deciding that student evaluation records were excluded from FIPPA based on the employment-related records exclusion.

University of Windsor v. University of Windsor Faculty Association, 2008 CanLII 23711 (ON S.C.J.).

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