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Hearing-impaired N.L. student awarded $10,000 after prof refused to wear microphone

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ST. JOHN’S, N.L. — Memorial University is appealing a human rights ruling that found a student with a hearing disability had been discriminated against when one of his professors refused to wear a microphone in class, citing her religious beliefs.

Brodie Gallant, an adjudicator with the Newfoundland and Labrador Human Rights Commission, found the university failed to take appropriate steps to accommodate William Sears, who was told by a history professor that her religious beliefs prevented her from wearing an FM-transmitting microphone.

“It is clear to me that Mr. Sears was deeply affected by the incident and feels strong emotions from these events to this day,” Gallant wrote in the decision dated June 30. The commission awarded Sears $10,000 in damages.

The university says in a statement that it has decided to appeal to the provincial Supreme Court because it believes there were errors of law in the adjudicator’s analysis.

“Memorial has been and continues to be committed to providing programs and services that enable students with disabilities to maximize their educational potential,” the statement says.

Before the start of each semester, Sears, who graduated in 2017, would contact the university’s centre for students with disabilities about his hearing impairment and need for accommodation, the adjudicator’s ruling says. The centre would co-ordinate with instructors so they would wear a microphone transmitter for his FM device, which helped him hear in the classroom.

But his request for accommodation in the “history of espionage” course taught by Ranee Panjabi hit a roadblock.

The decision notes that Panjabi, who has since retired, practised a form of mysticism, “a system of religious beliefs and practices focused on personal experience and a personal, individualized search for the truth, which may also be called the divine.”

According to Panjabi’s beliefs, the decision continues, “the wearing of an FM transmitter on her person would cause a significant disruption and substantial interference with the spiritual balance that must, according to her religion, always prevail.”

The university became aware of Panjabi’s beliefs in 1996 following a complaint on “essentially the same issue,” the adjudicator writes. At that time, the professor and the university reached an agreement that Panjabi would not be required to wear a microphone or other technological devices, and other accommodations would be made for hearing-impaired students.

Nearly two decades later, Sears entered Panjabi’s classroom on Sept. 10, 2015.

“(Memorial University) was or should have been sufficiently aware of the probability that the rights of Mr. Sears and Dr. Panjabi would come into conflict,” the adjudicator writes, “and yet it chose not to adapt its process to the reality of the situation. This is the moment when the opportunity to engage in a proper accommodation process presented itself, and was not followed.”

A few minutes after entering the class, Sears asked Panjabi to wear the microphone. She refused, citing her religious beliefs and her 1996 agreement with the university.

The university says in its statement that Gallant acknowledged Memorial’s efforts to accommodate Sears, address deficiencies, update its policy and invest in technology so as to provide better options for such requests.

“Notwithstanding those positive comments, Memorial feels that there were some reviewable errors of law in the adjudicator’s decision,” it says.

Gallant wrote in his decision that the university’s subsequent efforts to address the deficiencies in its policies and identify alternatives to the FM transmitter were appropriate and reasonable.

“Unfortunately these changes came too late for Mr. Sears,” the decision says.

This report by The Canadian Press was first published Sept. 23, 2022.

— By Hina Alam in Fredericton

 

The Canadian Press

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Florida State asks judge to rule on parts of suit against ACC, hoping for resolution without trial

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TALLAHASSEE, Fla. (AP) — Florida State has asked a judge to decide key parts of its lawsuit against the Atlantic Coast Conference without a trial, hoping for a quicker resolution and path to a possible exit from the league.

Florida State requested a partial summary judgment from Circuit Judge John Cooper in a 574-page document filed earlier this week in Leon County, the Tallahassee-based school’s home court.

Florida State sued the ACC in December, challenging the validity of a contract that binds member schools to the conference and each other through media rights and claiming the league’s exit fees and penalties for withdrawal are exorbitant and unfair.

In its original compliant, Florida State said it would cost the school more than half a billion dollars to break the grant of rights and leave the ACC.

“The recently-produced 2016 ESPN agreements expose that the ACC has no rights to FSU home games played after it leaves the conference,” Florida State said in the filing.

Florida State is asking a judge to rule on the exit fees and for a summary judgment on its breach of contract claim, which says the conference broke its bylaws when it sued the school without first getting a majority vote from the entire league membership.

The case is one of four active right now involving the ACC and one of its members.

The ACC has sued Florida State in North Carolina, claiming the school is breaching a contract that it has signed twice in the last decade simply by challenging it.

The judge in Florida has already denied the ACC’s motion to dismiss or pause that case because the conference filed first in North Carolina. The conference appealed the Florida decision in a hearing earlier this week.

Clemson is also suing the ACC in South Carolina, trying to find an affordable potential exit, and the conference has countersued that school in North Carolina, too.

Florida State and the ACC completed court-mandated mediation last month without resolution.

The dispute is tied to the ACC’s long-term deal with ESPN, which runs through 2036, and leaves those schools lagging well behind competitors in the Southeastern Conference and Big Ten when it comes to conference-payout revenue.

Florida State has said the athletic department is in danger of falling behind by as much as $40 million annually by being in the ACC.

“Postponing the resolution of this question only compounds the expense and travesty,” the school said in the latest filing.

The ACC has implemented a bonus system called a success initiative that will reward schools for accomplishments on the field and court, but Florida State and Clemson are looking for more as two of the conference’s highest-profile brands and most successful football programs.

The ACC evenly distributes revenue from its broadcast deal, though new members California, Stanford and SMU receive a reduced and no distribution. That money is used to fund the pool for the success initiative.

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The Canadian Press. All rights reserved.



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Australia’s Michael Matthews earns third win at Quebec cycling GP

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QUEBEC – Australian road cyclist Michael Matthews raced to victory at the Grand Prix Cycliste de Quebec on Friday.

Matthews earned a record third career victory in Quebec City. He was previously tied with Slovakia’s Peter Sagan with two wins.

The Jayco-AlUla rider won the fastest edition of the Quebec race on the UCI World Tour calendar.

Matthews, who claimed titles in 2018 and 2019, edged out Eritrea’s Biniam Girmay and France’s Rudy Molard in a thrilling sprint.

Tour de France winner Tadej Pogacar, the heavy favourite, was unable to follow through with his attack launched just over two kilometres from the finish line. He finished in seventh place.

Pogacar will look to redeem himself at the Montreal cycling Grand Prix on Sunday.

This report by The Canadian Press was first published Sept. 13, 2024.

The Canadian Press. All rights reserved.



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Whitecaps loan Herdman to CPL’s Cavalry, sign two reserve players to first-team deals

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VANCOUVER – The Vancouver Whitecaps have loaned midfielder Jay Herdman to Cavalry FC of the Canadian Premier League and rewarded two Whitecaps FC 2 players with MLS contracts.

Midfielder Jeevan Badwal signed as a homegrown player through 2027, with options for 2028 and 2029, while forward Nicolas Fleuriau Chateau signed an MLS contract through 2025, with club options for 2026 and 2027.

Both have been playing for the Whitecaps’ MLS Next Pro team along with the 20-year-old Herdman, the son of Toronto FC coach John Herdman.

The moves were made before Friday’s MLS and CPL roster freeze.

Born in New Zealand while his father was working for the New Zealand Football Federation, Jay Herdman was also part of the New Zealand soccer team at the Paris Olympics with three appearances including two starts. Herdman’s loan deal runs through the end of the CPL season.

“Jay is an important signing for us, who will provide another attacking option for the run-in,” Cavalry coach and GM Tommy Wheeldon Jr. said in a statement. “He’s a player that we’ve been tracking since we played against Whitecaps in pre-season and he has very good quality, with terrific energy and the ability to contribute to goals.

“With the recent injury to Mael Henry, Jay’s positional profile and age helps us with on-field options and minutes that count towards the league’s required 2,000 U-21 domestic minutes during the regular season.”

Badwal, an 18-year-old from suburban Surrey, is the 26th academy player to sign an MLS contract with the Whitecaps.

“Having joined our academy in 2019, Jeevan continues to progress through our club and takes every challenge in stride,” Whitecaps FC sporting director Axel Schuster said in a statement. “He is comfortable on the ball, positionally sound, and does the simple things very well. We are excited for Jeevan to make the next step in his young career.”

Badwal has made 19 appearances with Whitecaps 2 this season, scoring two goals and adding three assists. A Canadian youth international, he started all three matches for Canada at the 2023 FIFA U-17 World Cup

Badwal made his first-team debut off the bench in the first leg of the Canadian Championship semifinal against Pacific FC.

Chateau was originally selected 74th overall by the Whitecaps in the 2024 MLS SuperDraft after spending two years at St. John’s University.

The 22-year-old from Ottawa signed an MLS NEXT Pro contract with Whitecaps FC 2 in March. He leads Whitecaps FC 2 in goal-scoring this season with eight goals across 21 appearances (including eight starts).

“Nicolas leads MLS NEXT Pro in shots on target, has a very strong work rate and willpower. We are looking forward to seeing his growth as he builds on his young professional career,” said Schuster.

Chateau made his first-team debut as a second-half substitute at CF Montreal on July 6.

Herdman, who joined the Whitecaps academy as a 13-year-old, has made 19 appearances for Whitecaps FC 2 in 2024, scoring six goals and adding three assists. He made his MLS debut in April as a second-half substitute in a 2-0 victory at the Seattle Sounders.

Internationally, Herdman has represented New Zealand 29 times across the U-19, U-20, and U-23 sides. He was part of New Zealand’s squad at the 2023 FIFA U-20 World Cup, starting three matches at the tournament and scoring against Uzbekistan.

The Whitecaps host San Jose on Saturday while Cavalry entertains Atletico Ottawa on Sunday.

This report by The Canadian Press was first published Sept. 13, 2024

The Canadian Press. All rights reserved.



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