Silent protest or bullying? Lawyers argue over MUN student's protest against Vianne Timmons
CBC
Nobody disagrees that Matt Barter did not make a sound during his protest against Memorial University president Dr. Vianne Timmons on Dec. 2, 2021.
Barter attended a public event on campus and held up a stop sign while Timmons spoke to the audience. His sign said "Stop Vianne! No to Tuition Hikes and Out of Control Spending."
He snapped a selfie, Timmons continued talking, and the event continued uninterrupted.
But while silent protests are protected under the university's student code of conduct, a lawyer for Memorial argued Wednesday that a university official was correct in saying Barter's quiet demonstration was not, in fact, a silent protest, but a form of bullying.
And under the same code of conduct, bullying is a punishable offence. Barter was banned from campus, except to attend classes, for three months while an investigation was launched into his actions.
"What is it that, for the decision-maker made this into bullying or harassment? The answer: It was targeted," said lawyer Ruth Trask, citing decisions made by senior administrators to punish Barter.
Jennifer Browne, Memorial's director of student life, handed down a decision on March 18, 2022, imposing sanctions on Barter for two offences — bullying and causing a disturbance. He was given a letter of reprimand, ordered to attend a bullying seminar, and was placed on non-academic probation for one year.
Barter appealed the decision and it was sent to Marine Institute registrar Leslie Noftall, who sided with Browne.
In her decision, Noftall wrote: "Behaviours were very personal against an individual rather than protesting the collective administration of Memorial."
Barter and his lawyer, Kyle Rees, then appealed the decision to the Supreme Court of Newfoundland and Labrador.
Rees is asking a judge to set aside the appeal decision, while Trask is asking the judge to dismiss the application or send it back to Memorial University for a hearing. The university is also seeking costs for its legal fees.
Trask said it's not up to the court to decide if it would come to the same conclusions as Browne and Noftall, but whether or not those conclusions were reasonable based on the facts.
In his submissions, Rees didn't mince words about whether the protest was targeted.
"I think it is targeted. The president's name is on the stop sign," he said.