‘Considerable liability’ in implementing dress code, says review sparked by Oakville teacher’s attire

An Oakville high school teacher who made headlines around the world for wearing large prosthetic breasts to class is not likely to be subject to a dress code when on the job, according to a school board review.

Images of the Oakville Trafalgar High staffer went viral on social media in September, prompting a dress code review from the Halton District School Board (HDSB), which revealed results to board members at a meeting Wednesday night.

The report recommends against adopting a system-wide dress code for staffers, suggesting it would potentially spark human rights violations.

“It is clear from the above analysis that the implementation of a formal staff dress code or grooming standards would likely expose the Board to considerable liability,” the joint statement from superintendent Sari Taha and director of education Curtis Ennis said.

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The recommendation comes amid calls from some Trafalgar students, parents and community members who weren’t comfortable with the teacher’s clothing choices.

The HDSB had been considering a dress code when this first came to light at the start of the school year, but it’s decided against it, saying in the report it’s important to recognize the impact dress code policies have on members of the transgender community.

“Most notably, it is important for employers to make allowances to ensure that these employees are able to express themselves in accordance with their lived gender,” the HDSB report said.

The school board executives also stated that since their collective agreement with teachers expired in August and nothing new has been signed, its hands are tied as it’s not able to adjust working conditions during those negotiations.

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“As a result, the HDSB is not in a position to impose a staff dress code during bargaining, but is not restricted from considering dress codes in general,” executives said.

The matter is still the subject of a review from the Ontario College of Teachers, which the agency launched in mid-October.