UBC education prof files complaint of racial discrimination

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An associate professor of education at UBC believes that the university discriminated against her because of her race.

Jennifer Chan, a Canadian of Chinese descent, claims that the denial of her application for the prestigious David Lam Chair in Multicultural Education in the faculty of education forms part of a pattern of discrimination against her.

“There was systemic racism all throughout my career,” Chan told the Straight in a phone interview today (April 19).

Her allegation has not been proven in court or at the B.C. Human Rights Tribunal.

Chan, who has been with UBC since 2001, first as a postdoctoral fellow in the political science department, will get the opportunity to prove her allegations when the tribunal finally starts a hearing on the complaint she filed against UBC and four members of its faculty and staff on May 10, 2010.

In December last year, the tribunal granted an application by the university to defer a hearing on the complaint until UBC’s Equity Office completed proceedings on an internal complaint filed by Chan on December 15, 2009.

Last month, according to Chan, the university dismissed her internal complaint.

The case is an offshoot of the associate professor’s application for a three-year appointment to the David Lam Chair in Multicultural Education. She was the only minority candidate. A Caucasian candidate was eventually chosen for the post.

According to Chan, who joined the faculty of education in 2003, this wasn’t the first time that she was the subject of discrimination.

In a media release, she noted that she had been turned down twice for the Killam Teaching Award in 2008 and 2009 “without explanation despite clearly meeting merit requirements”.

“All 40 winners of the Killam Teaching Award in the UBC Faculty of Education in the past 20 years have been Caucasian,” she stated in the release.

Chan also said in the release that she was overlooked in her tenure and promotion schedule. She added that “tenure was put in jeopardy by an accusation that was later proved unfounded”.

Speaking by phone, Chan made an allegation that it is ironic that UBC’s declared commitment to multiculturalism isn’t fully reflected in its hiring policies.

“In fact, the UBC president has a strategic plan on diversity and equity,” Chan said. “On the ground we still know that visible minority faculty are under-represented, heavily so.”

Scott Macrae, spokesperson for UBC, issued the following statement today:

In response to a press release issued by Dr. Jennifer Chan dated April 19, 2011, the University confirms that it is committed to providing fairness and equity in its workplaces. UBC takes complaints of discrimination extremely seriously and has processes, including a Discrimination and Harassment Policy (http://www.universitycounsel.ubc.ca/files/2010/09/policy3.pdf), to address such complaints.

In regards to this particular complaint, the University has thoroughly and exhaustively investigated the allegations (including both an investigation and a review conducted by human rights experts external to the University). Both processes found no discrimination and the University has accepted those conclusions.

The University’s internal processes have been completed. The matter is now before the B.C. Human Rights Tribunal. The University is participating fully in that process as it moves forward. As this is an employee matter and the subject of litigation, the University is not at liberty to comment further.

Comments (21) Add New Comment
Taxpayers R Us
Great. Another BS case tugging at our public funds.

This screams of "if I don't get my way I'll sue."

It's funny though, the complaint is in regards to an appointment to the David LAM chair. Google the name lol
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hear the woman out
I would not place much faith in any internal decision arrived at by the UBC Equity Office, which much like the Human Rights Office at SFU is little more than an arm of Human Resources and in place strictly to manage any potentially negative press by interpreting the law in the most arbitrary and conservative manner.
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virgil hammer
what a piece of work, when your not picked for the job it has to be because of racism, not that there may be a better candidate. Where is the asian tiger mom now!
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Flashback
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Second Nation
While the 1997 SFU debacle (witch hunt) is interesting and a shameful piece of the university's past, I don't see a strong relevance here.

Is the link that someone complained and achieved satisfaction before being found to be the guilty party?
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Edmond
Racial discrimination is rampant in the Canadian workplace. For instance, in HSBC, nearly 100% of the low salaried front-end tellers are Chinese-Canadian (to communicate with Chinese-speaking clients in order to get their $$$), but as you move up the ladder to management, this turns to 50%, and when you get up to the executive levels, it is all white, i.e., there is 0% representation! Whether Ms. Chan has a good case or not individually, I applaud her for her courage as an ethnic minority and as a woman for speaking out on this issue, and I applaud the reporter for bringing out an issue that has been in the closet for far too long. As Canadians we love to paint a rosy picture of how tolerant our society is, but the reality is that only addressing these issues face on will we actually be able to live up that vision.
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A.
The manager at my workplace is not white. Flaunt all the made-up numbers you want Edmond.
Hiring Chinese-Canadians to speak with Chinese-speaking clients makes sense. To all parties involved. Unless you want to force immigrants to assimilate into our culture, which I'm sure there would be a huge backlash over.

As for Ms. Chan's case. Would you rather be hired because you are the best qualified or because you fit a company's ethnic quota? Losing out to a white person isn't discrimination. "Multicultural education" or not. There's probably much more to this than this article states, but still.
So many corporations are touting their diversity campaigns these days. And while I love equal opportunity workplaces, I have felt that some places are just hiring for an image.
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Ken Lawson
What nonsense have you considered the fact that she is not qualified in the first place and does not have the credentials, if you know her tell her to go take the proper course and make sure she has no alliance with the Communist Regime in China, that must a disqualfying factor.
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UBC grad
Does anyone here know the number of Asian professors of all types at UBC? My estimate would put it easily at over 60%. Pretty hard to claim racism with this kind of compelling evidence to the contrary.
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H.S. Sangha
Whatever the merits of her complaint, I always am fascinated by the number of people who write into comment pages like this sounding so indignant that any of 'them colored folks' would dare suggest there's any racism in this country. How dare they! Doesn't it make more sense for an outside body to investigate and rule on her complaint before making your pronouncements? Or do you not want someone 'to confuse you with the facts'?
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Taxpayers R Us
@Sangha

I'm amazed someone would stoop so low as to claim that UBC, a world class university, which employs so many Asian faculty and staff, which has a position like this named in honour of a Hong Kong philanthropist, is racist in its decision-making.

This woman sounds like a major pain in the ass, and it sounds like it's exactly the way the university has dealt with her. I for one, wouldn't be quite as forgiving.
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virgil hammer
H.S Sangha you are right, but commenting on posts like this all about being reactionary and irrelevant. Using hyperbole and throwing red baiting or right wing fear mongering is a party on your keyboard!
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Visible minority
In case you haven't noticed, 'them colored folks' are now the majority and whites are the "visible minority" in this city and even more so at UBC. Therefore, she was not the "minority" candidate and her argument is spurious.
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jessica20
I have to agree with user "virgil hammer". Being denied for different positions and promotions doesen't mean that it has anything at all to do with systemic racism. While it is always possible that people are judged unfairly because of their race, this just sounds like a whiny woman who is playing the race card to further her career (and increase her salary), which makes it all the more difficult for actual victims of racial discrimination to be heard and taken seriously. I'd be more inclined to fire her at this point for being annoying!
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Flashback
I want to know why white people when they speak always say the "colored folks" aren't qualified? You say it as if their race made them less qualified.

There has been so much research on this employment racism in the field Sociology in all North America universities, and some people still say it doesn't exist?

And then, whenever, a colored folk complains, white people's reflex is to blame race? (e.g. she doesn't get what she wants so she uses the race card) The only person keep talking about race is, YOU white people. Can you think of other reason like favouritism, or that cliche, someone did or didn't offer sex service to their boss or something? Or white people used bribes or other corruption practices? It is not the first time.

Instead, everything is blamed on "race card". And, at the same time, you claim race doesn't matter. Do you have Schizophrenia?


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StaggerLee
None of the posters here is in any position to pronounce on whether in fact she was discriminated against. All we have are broad-stroke generalizations about what happened. These cases turn on context and details.

Having said that, one would think that, given the opportunity to make her case in the media, Professor Chan would cite the most damning evidence in support of her claim. But based on what has been reported (and perhaps it's not complete or fully accurate), her strongest arguments in support of her claim that she has been subject to systemic racism all throughout her career are: (i) she was turned down for the Killam Teaching Award “without explanation despite clearly meeting merit requirements”; (ii) “All 40 winners of the Killam Teaching Award in the UBC Faculty of Education in the past 20 years have been Caucasian”; (iii) her “tenure was put in jeopardy by an accusation that was later proved unfounded” (it seems she accepted the finding in that case, whatever it was about); and (iv) despite UBC’s declared commitment to multiculturalism, "visible minority faculty are under-represented, heavily so”. Any first-year student of logic would tell you the inferences arising from any (or even all) of these 'facts' are far too weak to support her claim. She needs much more evidence, and I think if she had it she would have shared it.

Nor are any of the posters here in a position to criticize the internal review processes that found no discrimination in this case. Satisfactory answers to these questions may become evident in the course of the litigation before the BC Human Rights Tribunal or perhaps the BC Court of Appeal or the Supreme Court of Canada.

But at some point we must have a little perspective. Is 'perfect justice' possible in cases such as these, where evidence appears to be lacking and inferences seem appallingly weak? At what cost to UBC, the Human Rights Tribunal and the courts (all publicly funded)? At what cost to the worthy goal of weeding out systemic discrimination, when weak cases attract the ire of the public and make people cynical about the goal itself? We have internal processes to give complainants and respondents an affordable and accessible road to resolution. Can we not accept their findings and move on?
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GOT
This is a person who has been employed by UBC for 10 years? 'Systemic discrimination' would suggest that she would never have been hired in the first place, but she was, so obviously the first point at which she could have experienced systemic discrimination never happened. Did any of it happen is the next question. What needs to be addressed is the difference between being 'entitled' to advancement and being qualified/deserving of advancement. Given the findings so far, this sounds like someone who perhaps imagines she should be entitled to certain things because of her 'minority' status. When those things don't materialize she draws the logical but incorrect conclusion that her employer has failed to recognize and award her entitlement. In other words, minority status = entitlement, therefore disentitlement = anti-minority employer (discrimination). Given the cosmopolitan, Pacific Rim and international positioning of UBC, I would be surprised if race has any real bearing in this situation. It will be interesting to see what the BC Human Rights Tribunal concludes.
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R U Kiddingme
Since none of this has been proven before the tribunal, why don't we wait to see if this is a good complaint or not before we jump in and bash the white man, or the complainant? Just a thought!
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Happy
I really feel for Mrs. Chan. She came to Canada, worked and studied very hard, and got shafted out of a senior position. I agree that while the student population at UBC is diverse, the faculty needs to get their heads out of the sand and diversify itself in the 21st century. Non whites need more people in senior positions so that they can have role models to look up to and respect. Growing up in this country, I had to face racism at school. I hope that when I go to UBC, I do not encounter the same racism that poor Mrs. Chan had to face. My Asian heart bleeds and goes out to Mrs. Chan. I pray that she gets through this all right. Shame on UBC to turn a blind eye to this institutional racism. I bet if the complainant was white, we would see a more serious response from the university and probably an admission of guilt. Enough said.
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Mrs Asian
I have posted my story under another topic - UBC employment study shows white supremacy still exists in Canada. If you can read my post there, you will see another case, a live case without any exaggeration.

I firmly believer Dr. Chan has experienced series of discrimination practise against her because of her race, so it came to a point this unequal treatment has to be raised as a formal complaint. No one would rish his/her employment opportunty, a job security to go for this.

The article can't fully describe all the details. Whatever ground that Dr. Chan complained must have hundreds of incidents to support. I have my life experience. I wrote journal on daily basis to records all the unfair, unequal and discriminatory treatment, and one day I come forward to take this step, my complain form would be over 100 pages, all real incident, with name of the persons, time and the location. HR dept. where you work is always part of the problem, and they are behind the discrimination practice. Making complaint through school HR human rights is just waste of time, go to BC human rights commission. If doesn't help, go to the court. Someone has to make a sacrifce to promote racial free world. It is time to change the world, Racists are evil force of this world, and must be wiped out. Otherwise, there is no peace.

I admire Dr. Chan's courage, she just did for everyone who is subjected to this unequal treatment in this country. Canada is a racists country. The difference is the racists go underground and covert. A country doesn't recognize people by their value, but by their skin color will never be a great country. Human beings are marching to 21 century, and I can't believe a country like Canada can't open their eyes to see the whole world. Being feel great just because you are white is just a delusion.
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