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Law prof withdraws human rights complaint against U Windsor

|Written By Heather Gardiner

University of Windsor law professor Emily Carasco, who accused the law school of gender and racial discrimination, suddenly withdrew her application to the Human Rights Tribunal of Ontario on Aug. 29 after reaching a settlement with the university.

Carasco launched a human rights complaint in 2010 after she lost the candidacy for the law school’s new dean to Camille Cameron, who joined the faculty in January. Carasco claimed she wasn’t handed the position because the search committee didn’t want to hire a racial minority. As a result, she asked the tribunal to order the university to fire Cameron and appoint her instead. She also sought $60,000 in compensation.

In her complaint, Carasco accused fellow law professor Richard Moon of discriminating against her when he told the dean search committee that she had plagiarized parts of an immigration and refugee law casebook that she co-authored. Carasco wanted Moon to publicly retract his allegations and sought $15,000 in damages.

Then earlier this week, after five days of hearings, the parties came to an agreement. The details of the settlement have not been released and Carasco declined to comment when reached by Legal Feeds.

In a statement, Holly Ward, spokeswoman for the University of Windsor, said: “The university has and will continue to strive for the highest standards of human rights and equity. With respect to the specific application that was before HRTO, we will be making no further statements.”

Prior to the settlement, Carasco faced two days of cross-examination where Raj Anand, counsel for the University of Windsor, and Freya Kristjanson, Moon’s lawyer, presented multiple examples of unattributed passages in her work.

Carasco maintained that it shouldn’t be considered plagiarism because she didn’t intentionally try to pass off another author’s ideas as her own.

According to The Windsor Star, Carasco told the tribunal: “Carelessness I would plead guilty to. An attempt to deceive or appropriate . . . no.”

The Star reported that Mary Eberts, Carasco’s lawyer, argued that Carasco would have been hired if she hadn’t been accused of plagiarizing.

“The plagiarism allegations unsettled or dispersed some of the support she would have had despite her minority status. The people who were against her candidacy — because they did not want her signature and methodology in the law faculty — were able to dominate the process.”

Anand defended the faculty of any wrongdoing, according to the Windsor newspaper.

“You have far-fetched allegations and no facts from which to infer discriminatory factors were at play. Nowhere in any of the massive filings will you find any evidence of any action from any of the committee members that suggest they were adverse to racial minorities,” he reportedly told the tribunal.

  • RE: Law prof withdraws human rights complaint against U Windsor

    David Fahim
    responding to Sanjay Wang, what is harvard compared to Cambridge? Cambridge is the best university in the world and along with Oxford has the best brand and name recognition in the world. Who knows Harvard University - some event dont know where it is. besides, Harvard university, is known as the fake Cambridge, for USA graduates who dream of going to cambridge! it can be considered the bastard child of Cambridge as it copies and models around it.
  • RE: Law prof withdraws human rights complaint against U Windsor

    Sanjay Wang
    Teaching as a asessional instructor at Dalhousie in 1987 & 1988 does not qualify as experiece in the Canadian academy. At most she would have taught two courses and would have had no involvement in the day to day activities of the school.
  • RE: Law prof withdraws human rights complaint against U Windsor

    Sure, teaching two courses for a few years at Dalhousie might not be much Canadian academic experience, but it's unfair and inaccurate to say she has "no Canadian experience." Also, she has an LLM from Cambridge and was the Dean of Melbourne and taught in Honk Kong before coming back to Canada; I'd say that's good experience in legal education - as good or better than she would have gained in the "Canadian academy."

    Emily Carasco might have been the right and better choice for the school, I can't really say, but unfairly and inaccurately bashing the new dean is an odd way of voicing your displeasure with the decision that was ultimately made by someone other than the current dean.
  • Sanjay Wang
    Ms. Cameron was not Dean at Melbourne--she was Associate Dean. Since you mentioned her Cambridge LLM you should be remiunded that Emily Carasco has an LLM and a SJD from the Harvard Law School. Moreover, Carasco has an honorary doctorate from the LSUC. Those combined with her more than 30 years experience in teaching and administration in Canada make it extremely difficult to understand why she was deemed unqualified for the position handed to Cameron.
  • GrammarGeek
    "The current dean was imported from Australia and has no Canadian experience."

    That's not true at all. She has two degrees from Canadian universities, including a law degree. She was an associate and partner at a major Canadian law firm, practicing law for almost 10 years in Canada, and has taught at a Canadian law school. A quick Goolge search revealed this information.
  • Sanjay Wang
    First, do not rely on the Windsor Star for your information.Its standard of reporting leaves much to be desired. The so called non attributed passages mentioned were from a draft of a chapter and were attributed but Mr. Moon thoght they should have been attributed differently. The attribution standards used by the UofW at the hearing and mouthed by Raj Anand would find 80% of profeessors and academic administrators in breach --the other 20% would be those who write nothing. The standards articulated by Counsel for the respondent were different from those in the collective agreement for UofW faculty. Moreover,the University breached a clearly defined process in that agreement for dealing with Moon's ridiculous allegations.
    Emily Carasco is a highly qualified law professor and one has to wonder why she satyed with a third rate university for so long but that is her choice. The current dean was imported from Australia and has no Canadian experience.





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