Toronto teacher fired for wearing blackface to school should get his job back, arbitrator rules

An arbitrator has ordered that a white Toronto teacher who was terminated after he showed up at school in blackface for Halloween and told people he was dressed as a zombie should be reinstated and compensated for all wages and benefits lost in the last 20 months.

Gorian Surlan showed remorse for his actions, according to an arbitrator, who substituted a nearly two-year suspension for the high school teacher’s penalty. Surlan, who had been teaching for 19 years, came to work at Parkdale Collegiate Institute in black face makeup and black clothing on Oct. 29, 2021.

He wore the costume to an assembly that morning dubbed “Where Everybody Belongs” that was attended by about 250 Grade 9 students and their mentors. Three students approached their vice-principal about Surlan’s costume, saying he was in blackface. One student showed her a photo of his costume. Two of them were visibly upset and one was crying, Norm Jesin, the arbitrator, wrote in a decision dated Aug. 14.

“She told (Surlan) that students were upset at seeing him in blackface. (He) did not seem to understand the issue but apologized anyways,” according to Jesin’s decision.

“He was asked if he was aware of the controversy over Justin Trudeau appearing as Aladdin in blackface. He said he was but that he was not trying to depict any person. Rather he was attempting to portray a zombie.”

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Surlan, now 63, grieved his termination, arguing he “was unjustly discharged from his employment on November 15, 2021, contrary to the collective agreement between” the Ontario Secondary School Teachers’ Federation and the Toronto District School Board.

Born in Serbia, he witnessed many atrocities while working for the International Red Cross during the Bosnian war.

Those “left a deep impact on him,” said the arbitrator.

Surlan moved to Canada in 1992 to pursue a teaching career.

“He became a member of the Ontario College of Teachers and obtained qualifications in a number of disciplines including business studies, special education, librarianship, cooperative education and English as a second language,” Jesin said.

He took sabbaticals every five years, teaching in Nigeria and Vietnam, and had no previous discipline record before the blackface incident, said the arbitrator.

Surlan’s Halloween costume nearly four years back “was hastily put together that morning with the assistance of his daughter,” Jesin said.

“His daughter provided him with some black make-up, so he decided to attend as something scary. He dressed in a black shirt, black pants and black shoes. He painted his whole face black and then proceeded to put a black fabric mask over his face in order to become compliant with COVID-19 protocols in existence at the time.”

Before Halloween celebrations in 2021, the school had emailed teachers “reminding staff of the harm resulting from cultural appropriation when choosing a costume,” said the arbitrator.

“The email further provided sources that could be reviewed dealing with the topic of cultural appropriation. Those sources did not relate specifically to blackface. The grievor had read the email before choosing a costume but did not read the sources that were contained in the email.”

One student texted a photo of Surlan’s costume to his parents, later describing “the class as being shocked and upset” their business teacher, who sometimes discussed current events with them, was dressed in blackface.

When students and colleagues asked Surlan what “he was dressed as, he would respond with ‘I don’t know, a zombie.’”

At the meeting with the vice-principal after the assembly, she told Surlan “to wash his face and to return to class, which he did,” said the arbitrator’s decision.

The incident was widely reported “and resulted in a swift reaction from the Parkdale community,” it said.

A photo of Surlan with his face painted black, wearing a black T-shirt and a blue surgical mask, also made the news.

“The reaction included events such as organized marches and protests. The board received many calls from parents and community members wondering how such an event could occur.”

Surlan was placed on a leave of absence pending an investigation.

“During the investigation the grievor expressed his remorse over the incident. He stated that he did not know the significance of blackface when he donned his costume. He was horrified that he traumatized students and staff and had no intention to do so. He stated that he wished that someone had approached him earlier in the morning to warn that he would be considered as ‘cosplaying a person of colour.’ He stated further that he was trying to educate himself and that he was ashamed of his ignorance. He deeply regretted his actions now knowing how offensive they were.”

The board terminated him on Nov. 15, 2021, because he “knew or ought to have known that his conduct was contrary to board policy,” and the effect his actions had “on the school and the community at large was severe, long lasting and irreversible.”

The board determined that outweighed Surlan’s “long record of service and his clean disciplinary record.”

His termination letter said Surlan’s conduct “may reasonably be described as racist.”

Surlan completed “an individualized course of study focussing on anti-black racism and blackface” in June 2023.

“As of October 1, 2023, upon confirmation to the (Ontario College of Teachers that Surlan) had completed this program, his status with the college was restored to good standing.”

The teachers’ federation “insists that discharge was an excessive response in the circumstances,” said the decision.

The arbitrator accepted that Surlan’s decision to wear blackface to school justified “a significant penalty.”

But Jesin said he couldn’t ignore that once the teacher “realized that his costume had caused this upset, he was horrified that he had not been aware of the issue. He quickly studied the issue, apologized for his actions and was clearly very contrite.”

A significant suspension “would be likely to have the desired effect of ensuring that (Surlan) would be more sensitive to the cultural sensitivities that present in a diverse community and would be unlikely to commit such misconduct a second time,” said the arbitrator. “This is a case in which there is no reason to conclude that the employment relationship is incapable of rehabilitation. “

Jesin said he appreciated “that the reaction of the student body as well as the community at large to (Surlan’s) costume must properly be considered by the board in determining a penalty. But surely these constituents, with the passage of time, can (be) asked to accept that the (teacher) has acknowledged not only his mistake, but the pain that his mistake has caused. In my view, this is an appropriate case for reinstatement.”

• Trudeau's blackface crisis: What Butts and Telford knew about the photos before news broke
• A Black Montreal artist won't change puppet that groups say looks like blackface