A judge in New Brunswick has ruled that the University of New Brunswick (UNB) wrongfully terminated Richard Schick, the head coach of the women’s volleyball team. The court awarded Schick $50,920.98 in damages, along with $3,500 in legal costs.

UNB dismissed Schick in October 2023, citing violations of its harassment policy. The university claimed that Schick's aggressive coaching style, frequent use of profanity, and complaints from players and staff justified the termination. Schick contested the dismissal in the province’s Court of King’s Bench.

In a decision issued on September 19, Justice E. Thomas Christie acknowledged that Schick's behavior warranted some form of discipline. However, he criticized UNB for not implementing a progressive discipline system. "In my view, while UNB took the steps necessary to properly investigate the complaints and consider the outcome of the investigation, it owed Mr. Schick an opportunity to reform his conduct with the knowledge that he was being disciplined," Christie stated.

The court heard that tensions escalated at the end of the 2022-23 season when Schick informed five veteran players that they would need to try out again to keep their positions. Shortly after this announcement, those players and the team’s athletic therapist filed harassment complaints against him.

Lawyer Kelly Van Buskirk, who was hired to investigate the claims, found that out of 30 incidents raised in the complaints, nine were substantiated, primarily related to Schick's use of profanity. Twenty-one allegations were deemed unfounded. Van Buskirk also noted that the timing of the complaints coincided with the players being told their positions were not guaranteed.

"While keeping count of the ‘yes’ and ‘no’ findings is not a useful way to evaluate the conduct under review, it is worth noting that of the thirty incidents identified in the complaints … nine were considered … ‘founded’,” Christie wrote in his ruling.

Affidavits from players and staff described Schick's conduct. Player Paige Lehto reported being "consistently subjected to bullying and harassment" and sought counseling as a result. Athletic therapist Andrea Gabourie testified that she witnessed Schick shouting profanities during practices and games, noting a decline in players' wellbeing. Assistant coach Kim Colpitts described experiencing "consistent disrespect and belittling" from Schick.

Schick, who has been a professional coach since 2000, admitted that his language and behavior were inappropriate at times. He stated that he took feedback seriously and made adjustments. The court noted that he had apologized on several occasions and demonstrated a willingness to change.

Justice Christie concluded that while UNB had the right to discipline Schick, outright dismissal was not justified. "For an employer to satisfy its burden of proving that it has dismissed an employee for cause, it must demonstrate that it has employed a system of progressive discipline … unless a single incident is so egregious that it warrants summary dismissal," he wrote.

As a result of the ruling, Schick will receive the remaining balance of his three-year contract, which began in 2021.