Understanding Your Roles and Responsibilities in Teaching Contentious Topics

The Human Rights Tribunal of Ontario (HRTO) recognizes the fundamental role of freedom of expression, particularly in academic settings. While freedom of expression does not override human rights protections, speech that is critical or offensive alone does not necessarily constitute discrimination or harassment under the Ontario Human Rights Code (Human Rights Code, 1990). 

In McKenzie v. Isla, 2012 HRTO 1908, the Tribunal emphasized that: 

“[E]xpression which is merely unpopular, distasteful or contrary to the mainstream, or merely offends, shocks or disturbs the State or any sector of the population, is protected by the guarantee of freedom of expression.” (para. 34, citing Irwin Toy Ltd. v. Quebec (Attorney General)). 

The HRTO has generally avoided restricting speech in public debates, warning that excessive limitations could have a chilling effect on dialogue (para. 39). However, speech that constitutes a pattern of vexatious conduct, harassment, or discrimination is not protected (para. 41). 

McMaster University upholds freedom of expression as essential to academic integrity and the pursuit of knowledge. The university encourages respectful and informed debate, recognizing the importance of diverse perspectives while ensuring that discussions are conducted with mutual respect and human dignity. McMaster also acknowledges existing power imbalances within the community and strives to create an environment where meaningful discourse can occur, ensuring that all voices have the opportunity to be heard.  

As part of Bill 166, McMaster has implemented policies to address racism, discrimination, and hate on campus. The university’s Statement on Bill 166 highlights key commitments, including: 

• Creating an Inclusive Learning Environment: Educators should facilitate respectful discussions while ensuring diverse voices are heard. 
• Reporting Mechanisms: Students can report discrimination or harassment, including anonymous complaints. 
• Timely Responses: Formal complaints receive an initial response within 30 days and aim to be resolved within 12 months. 
• Policy Awareness: Educators should familiarize themselves with McMaster’s Discrimination & Harassment Policy to handle situations effectively and complete all required trainings. 
• Community Definition: The definition of the University Community now includes guest speakers in addition to students, staff, faculty, administrators and other roles. 

McMaster distinguishes between academic freedom, which is a faculty-specific privilege, and freedom of expression, which applies to all community members. McMaster’s Statement on Academic Freedom outlines faculty members’ rights to explore ideas freely while maintaining professional and ethical responsibility. 

Inclusive Excellence & the Role of Educators

McMaster’s Inclusive Excellence Framework challenges traditional notions of meritocracy and acknowledges systemic barriers to equity. Educators play a critical role in fostering an inclusive academic environment by: 

• Employing inclusive teaching strategies that respect diverse perspectives. 
• Engaging in professional development on equity, diversity, and inclusion (EDI). 
• Ensuring all students feel valued and heard in academic discussions. 

Clarify your Department Chair’s expectations for how contentious topics are taught. Consider sharing your approach to managing student conflict in past teaching experiences and seek your Chair’s perspective on how you might approach new experiences similarly or differently. You can also ask how they have navigated similar situations. Additionally, you may wish to enquire whether instructors who have previously taught the course (or similar subjects) have passed on insights that you could learn from, including any challenges they encountered and their recommendations for preventing or responding to those challenges. 

Before you introduce a contentious topic in your course, ensure that you prepare all members of your instructional team, such as Teaching Assistants and Co-Instructors (if applicable). Informing them in advance about your plans to teach contentious topics allows you to reassure them of your preparedness, clarify their roles and responsibilities, address any questions or concerns, and foster a shared approach. You may also wish to consider welcoming their feedback afterwards to refine your approach moving forward. 

Connect with colleagues in your department and/or peers who also teach contentious topics. You may choose to ask for input on your planned class activities, your approach to facilitating discourse, or your strategies for managing conflict. Alternatively, you may ask them what strategies have been effective in their own teaching experiences. 

Be aware of protocols related to personal and classroom safety. While such situations are rare, it is possible that heightened emotions or conflict could escalate. For your own peace of mind, familiarize yourself with emergency procedures, know how to quickly access support if needed, and consider how you will communicate safety protocols to your students. Proactively preparing for a range of possibilities can help you feel more confident in managing unexpected moments and contribute to a sense of security for everyone in the learning environment. 

At McMaster University, information about emergency services can be found through Campus Safety Services. The McMaster Emergency Guidebook provides detailed protocols on how to respond in various situations and lists on- and off-campus emergency phone numbers. Educators are encouraged to review this information and ensure they know how to access emergency assistance while on campus. Additionally, McMaster’s Human Resources Services offers guidance on Psychological Health and Safety, providing resources and support to foster a safe and healthy workplace environment. 

Familiarize yourself with the range of health and wellness support resources available to you and your students, including those located on-campus as well as in your local community. Prepare how and when you will share these resources with students as part of your process of teaching a contentious topic. Knowing how and when to access or refer to these supports can make a meaningful difference to well-being. 

At McMaster University, on-campus support resources include the Equity and Inclusion Office, Student Wellness Centre, Student Case Management Office, University Health and Safety, and more. You can view comprehensive lists of available support resources as well as services for students and staff through the Student Affairs website.