A Brock Middle School gym teacher has been reinstated after being fired for sexual advances on a former student, who was a minor when the incident happened.

According to the Ministry of Education, Brett Wasylik was suspended five days in total for an incident at a restaurant in November of 2016. Wasylik was with a sports team for an end-of-season gathering.

The Ministry says Wasylik was making unwanted advances on a hostess who was a former student, who was 17 years old at the time. It says he told her she was “f***ing hot,” that he hugged her, showed her shirtless photos of himself on his phone, and followed her out to her car when she was done her shift, before grabbing her and kissing her on the neck.

After being suspended, Wasylik was fired by the Kamloops-Thompson School District on Aug. 23, 2019, for allegedly being dishonest about the incident. That followed a consent resolution process which was launched in 2016 after the incident.

“Your admissions in the Consent Resolution Agreement are in direct conflict with the most serious allegation which you flatly denied in the District’s investigation,” the school district wrote in its termination letter to Wasylik.

“Based on the evidence available at that time, including your denial, the employer found that you made inappropriate comments to the former student both privately and in public and, given that there were no other witnesses to the events taking place at the student’s car, you followed her to her car and engaged in behaviour that left her feeling afraid.

“Further, when we met to specifically address your dishonesty, you did not acknowledge any wrongdoing whatsoever. We have no confidence in you and trustworthiness as a teacher.”

In the time between the incident and his termination, Wasylik had been promoted to the Athletics Directors and head of the Physical Education department.

On Aug. 20, arbitrator Ken Saunders reinstated Wasylik, claiming “double jeopardy;” that he had been punished twice for the same offense. That came after the Kamloops-Thompson Teachers Association grieved that Wasylik was fired without just cause.

In reinstating Wasylik, the arbitrator also said there is no basis to come down with a different penalty against him.

The KTTA was also seeking damages for Wasylik, saying the school district violated part of the union agreement by making details public of Wasylik’s discipline without its approval. The arbitrator determined that this was not in violation of the agreement and did not award damages.

Meanwhile, the Kamloops-Thompson School District says it has appealed the arbitrator’s ruling to reinstate Wasylik, noting he is not currently teaching. A decision on its appeal has not yet come down yet from the Labour Relations Board.

The district says it’s committed to making sure students are safe at school and says it “will continue to be vigilant in making sure that the interest of students is always put first.”

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