UBC advisor who used apps to 'hook up' with students loses bid to have termination reconsidered
A man who was fired from his job at the University of British Columbia because he "hooked up" with students using online apps has lost his latest bid to have the decision overturned.
The dispute dates back to 2016 when Timothy Conklin was terminated from his role as an academic advisor after an "anonymous package" that contained printed screenshots of his profile on an app called Scruff was dropped off at the assistant dean's office, according to court documents. Conklin's profile, according to the court, did not use his real name but featured his photo and identified him as a university employee and listed his location as a student residence.
"Mr. Conklin, then 53 years old, used various dating applications to arrange romantic and sexual interactions with other men," the decision reads, noting he had profiles on multiple apps.
"Mr. Conklin acknowledged that the people he 'hooked up' with through the dating applications included approximately 20 UBC students. On one occasion, he was contacted through a dating application by a student to whom he previously provided advising services."
THE TERMINATION
UBC terminated Conklin in a letter, saying his conduct violated its conflict of interest policy.
"Given your role as an academic advisor, your actions in declaring your employment at UBC while posting from one of our residences and expressing those preferences and interests have clearly compromised the university’s interests and risked undermining the confidence and trust of our students, their families, and the public," an excerpt of the letter included in the judgment says.
"You were employed in a position of trust and authority with respect to students of the university and you traded on your employment to cultivate romantic and/or sexual relationships with students."
THE COMPLAINT
Conklin filed a complaint with the BC Human Rights Tribunal alleging that the decision to fire him was discriminatory and related to his sexual orientation. That complaint, the court heard, claimed that the university treated Conklin differently than it did heterosexual employees who used dating apps. It also said the university relied on harmful stereotypes about gay men as pedophiles and sexually predatory.
The BCHRT dismissed the complaint without a hearing, finding that the claim "carried no reasonable prospect of success," the appeal court said. Conklin then filed an application to have the decision reconsidered, which was also dismissed.
In 2019, Conklin applied for a judicial review of the tribunal's decision. In 2021, B.C. Supreme Court Justice Nita Iyer found in favour of the university, dismissing Conklin's petition. In her decision, she quoted at length from the tribunal's reasons for dismissing the complaint.
"While Mr. Conklin need only prove that his sexual orientation was a factor in UBC’s termination of his employment, I am satisfied that he has no reasonable prospect of doing so. In that regard, I am sensitive to the fact that UBC was likely reacting to the terms through a heteronormative lens. I am also sensitive to the fact that gay men have historically been and continue to be subject to pernicious stereotypes about the way in which they express their sexuality," the tribunal member wrote.
"I have accordingly taken considerable time in contemplating Mr. Conklin’s arguments and reviewing the evidence in that light. However, in all of the circumstances of this case, I do not see anything beyond Mr. Conklin’s conjecture to support an inference that his sexual orientation was a factor in UBC’s placing him on administrative leave and the ultimate decision made in light of his revelation that he had in fact hooked‐up with students via the app."
The appellate court ultimately upheld the decision of the tribunal, rejecting Conklin's argument that those decisions were "patently unreasonable."
CTVNews.ca Top Stories
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Five areas Canada's foreign interference commissioner says needs more investigation
Commissioner Marie-Josee Hogue released her interim report examining foreign election interference on Friday. Here are five elements of the issue that Hogue says she needs to further probe before she can make conclusions or recommendations.
Police officer hit by driver of fleeing vehicle in Toronto
York Regional Police say they are continuing to search for a suspect in an auto theft investigation who was captured on video running over a police officer in Toronto last month.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
New weight-loss drug Wegovy not a 'magic bullet,' doctor warns
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Why your airfare may be getting more expensive
Skyrocketing airfare prices are linked to heightened competition and rising food and fuel, according to the CAA.
Manitoba man sentenced to house arrest for keeping fishing tournament funds meant for Children's Hospital Foundation
A Manitoba man who pleaded guilty to keeping the funds raised from an ice-fishing fundraiser for the Children's Hospital Foundation of Manitoba has been handed a sentence of 18 months house arrest.