Fired coach violated harassment policy - UNB
In statement of defence in lawsuit, university alleges third-party investigation found Richard Schick engaged in “improper actions toward women on [volleyball] team”
The University of New Brunswick says it fired Richard Schick as the coach of its women’s volleyball team this fall after an investigation into six harassment complaints from players.
Schick was fired Oct. 31 as the coach of the UNB women’s team with only a few months left on his three-year contract with the institution.
He filed a lawsuit in the Court of King’s Bench in Fredericton against the school earlier this month alleging wrongful dismissal.
UNB filed its statement of defence Dec. 21 in the case, confirming it fired Schick, explaining why and denying his allegations he wasn’t given the chance to examine the allegations that led to the termination of his employment.
None of the allegations in Schick’s statement of claim or in UNB’s statement of defence has been proven in court.
In his lawsuit, Schick confirmed he was told he was being fired as a result of violations of UNB’s policy on discrimination, sexual harassment and harassment. However, he argues the Oct. 31 letter of termination Oct. 31 was deficient because it didn’t provide detail about the specific allegations that were made against him.
The university’s statement of defence says its human rights and positive environment office received six complaints about Schick between May 9 and 15 from players on the women’s volleyball team.
It says those complaints alleged Schick “harassed a number of players and team staff members of the UNB women’s volleyball program and subjected them to discrimination.”
UNB says it tasked a third party with investigating the complaints June 14, and the investigator, unnamed in the statement of defence, submitted a report Sept. 5.
“The investigator concluded that the plaintiff had violated UNB’s discrimination, sexual harassment and harassment policy by his improper actions toward the women on the team,” the statement of defence says.
The university asserts Schick was given opportunities to review that report and that he met with UNB’s vice-president academic Oct. 16.
It confirmed it fired Schick for cause Oct. 31 because he’d violated the policy and that his actions “demonstrated a revelation of character that was incompatible with the discharge of his duties at UNB.”
While asserting he was dismissed for just cause, UNB further argues that Schick can't sue for wrongful dismissal because his employment was "at the pleasure" of the university's board of governors.
"... UNB denies violating the terms of the letter of offer as the plaintiff's employment at UNB was at pleasure, terminable without cause or notice for any reason," the statement of defence says.
The university also denies the dismissal caused him any reputational damage.
"Following the receipt of the six complaints in May 2023, the plaintiff was placed on paid leave pending investigation," the university's filing states.
"UNB did not externally communicate the rationale for the plaintiff's leave, nor did it externally communicate its decision to terminate the plaintiff's employment. UNB states that any knowledge of the circumstances of the plaintiff's departure from UNB were shared by the plaintiff alone, not UNB."
The university denies the notion that Schick is entitled to any damages whatsoever.
UNB is asking the court to dismiss the lawsuit and to award it costs.
No date has been set for the case to be heard in court as yet.
UNB Reds executive director John Richard, who previously coached the women’s volleyball team for numerous seasons between 1998 and 2012, is serving as interim coach of the team in the wake of Schick’s dismissal.
Don MacPherson can be contacted at ftonindependent@gmail.com.