]York U. prof takes stand on holidays
Will cancel class on religious holidays
FANNIE SUNSHINE More from this author
Oct. 9, 2005
A Jewish York University professor said the cancellation of classes on religious holidays - most notably Rosh Hashanah and Yom Kippur - is "illegal, discriminatory and arbitrary" and plans to cancel future classes for any religious holidays his students observe.
Historian David Noble said the issue of York's policy to cancel classes for the Jewish high holidays - the only faith singled out by the Steeles Avenue and Keele Street university to do so - arose last year when his class was discussing church versus state institutions.
"The issue came up about York University being a state institution and I explored this and discovered to my surprise the cancellation of classes on religious holidays is illegal," he said, adding the University Act expressly prohibits cancelling classes for religious holidays. "This is not about Jewish holidays. The university also cancels classes on Good Friday but the problem with Good Friday is that it's a statutory holiday. The only holidays York University itself deemed special are Jewish holidays."
For the past 40 years, York has cancelled classes on the Jewish high holidays of Rosh Hashanah and Yom Kippur. Rosh Hashanah was observed last Tuesday and Wednesday and Yom Kippur begins Wednesday at sundown.
Noble said he wrote a letter to York's president Lorna Marsden last September regarding his findings and was directed to the university's senate, who he said refused to examine the disparity between York's practice of holding classes on Jewish holidays and the law.
"Since no action was being taken I would take that action myself," said Noble, calling it his "civil obedience".
Noble, who has taught at York for 15 years, said he was threatened with disciplinary action and also received threatening phone calls from anonymous callers and decided to reverse his stance.
"Rather than hold classes (on religious holidays), I decided I would cancel classes for other religious holidays," he said, adding he plans to cancel two classes for the Muslim holiday Eid al-Fitr in November, which celebrates the breaking of the fast of Ramadan. "I'm not an expert on world religions but in my class, I see the religions of the world. I asked my students if they could identify their holidays of significance and I will cancel classes on those days."
According to a York U. spokesperson, if a professor chooses to cancel class they are expected to make it up at another time to ensure that a full allotment of classes is held to cover the course material, which would typically be 12 times each term, on each weekday that the class meets.
"I didn't have to make up Rosh Hashanah, did I?" Noble replied when asked if he would make up classes he plans to cancel for other religious holidays. "Why the difference? It's called discrimination. If you ask me, there are more Muslim students than Jewish ones, and there might be more Asian students (than Jewish)."
Noble said he's aware that if he wasn't Jewish, he would immediately be labelled an anti-Semite but because of his faith, it allows him to raise this issue.
"I've had unbelievable support from the community and the students," he said. "It's so obvious, it's a no-brainer."
Noble said he's "not concerned" about disciplinary action being taken against him by the university should he not make up cancelled classes.
"What I am doing is lawful and just and what they are doing is unfair and unjust," he said.
A York official said the university has a long-standing tradition of not holding classes on Jewish holidays, including Passover in the spring, due to the large Jewish population at the institution.
"For practical reasons we do this to avoid classroom disruption," the official said. "We have a large number of students and staff who observe these holidays."
But it was noted the university does not keep statistics on students' faiths and does not know the number of Jewish students on campus.
Students who wish to take days off in observance of their faith can make arrangements with their course instructor, the official said.
Rob Tiffin, vice-president of students, said Noble's position that cancelling classes on religious holidays is illegal according to the University Act is a question of interpretation.
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