Simon Fraser University 1997 harassment controversy
Encyclopedia
The 1997 Simon Fraser University harassment controversy was a series of events at Simon Fraser University
. In the case at the center of the controversy, Rachel Marsden
, then a student, and Liam Donnelly, a swimming
coach
, accused each other of sexual harassment
. Following an internal hearing that the coach declined to participate in, he was dismissed, but reinstated after the case went public. The case was widely reported in the Canadian press because of the topic of sexual harassment, and controversy over the procedures for investigating it. Ultimately, the case led to the resignation of university president John Stubbs
and the reopening and reversal of eleven prior sexual harassment decisions by the university as well as the revision of its harassment policies.
(SFU) student Rachel Marsden
and SFU swimming
coach
Liam Donnelly lodged complaints with the SFU harassment office against one another over events that occurred in 1994 and 1995. Marsden's formal complaint involved "seven allegations of unwanted sexual attention, two allegations of intimidating behaviour and a general charge of psychological sexual harassment." Donnelly denied any romantic relationship with Marsden and claimed that she sexually harassed him.
(RCMP) No charges were laid after Donnelly made the complaint. In addition, he did not attend the hearing of Marsden's complaint against him. The panel met, heard Marsden's evidence, and finalized its decision. The result was that Donnelly was fired on May 23, 1997.
The panel's report, however, was later leaked to the media. In it the panelists admitted that the specific incidents about which the student complained appeared insignificant and innocuous, but when "the sum total" was considered, it was determined that her complaint was true on a balance of probability. The panel's report, issued on October 11, 1996, recommended that Donnelly be dismissed and that Marsden be financially compensated, given counselling, and be helped with her academic career.
After dismissing his lawyer and hiring another, Donnelly appealed the ruling and went public with his side of the story. At this time, his colleagues and team-members corroborated his version of events. SFU refused to reopen the hearing, insisting that Donnelly's boycott of the hearing was itself sufficient justification for his dismissal. University policy, however, allowed for employees to file for arbitration in dismissal cases, which Donnelly did. Marsden was invited to participate, but declined. As a first step in the arbitration process, Donnelly and the university went into voluntary mediation. They agreed to reinstate Donnelly on the grounds that "the findings of the harassment panel were based on Ms. Marsden's credibility. Inconsistencies between her statements before the panel and her response to Mr. Donnelly's harassment complaint cast doubt on her credibility." However, Marsden was not a party to this arbitration and the case never went to any court.
SFU rehired Donnelly and committed to pay his legal fees up to $35,000, a sum that was raised to $60,000 a year later.
, approved a secret settlement with Marsden by which she was given $12,000 to compensate her for a scholarship she failed to receive, lost summer employment, and injuries to her feelings.
As a result of the case, SFU radically revised its policies for dealing with harassment. John Stubbs, who had endorsed Donnelly's dismissal, resigned in December 1997 as university president in the wake of the scandal, although he remains on the university faculty. SFU also reopened ten other harassment cases and reversed their decisions.
Simon Fraser University
Simon Fraser University is a Canadian public research university in British Columbia with its main campus on Burnaby Mountain in Burnaby, and satellite campuses in Vancouver and Surrey. The main campus in Burnaby, located from downtown Vancouver, was established in 1965 and has more than 34,000...
. In the case at the center of the controversy, Rachel Marsden
Rachel Marsden
Rachel Marsden is a Canadian conservative political columnist, geopolitical strategist, author and television commentator based in Paris. She writes an internationally syndicated weekly column for Tribune Media Services. She also teaches at Sciences Po University in Paris...
, then a student, and Liam Donnelly, a swimming
Swimming (sport)
Swimming is a sport governed by the Fédération Internationale de Natation .-History: Competitive swimming in Europe began around 1800 BCE, mostly in the form of the freestyle. In 1873 Steve Bowyer introduced the trudgen to Western swimming competitions, after copying the front crawl used by Native...
coach
Coach (sport)
In sports, a coach is an individual involved in the direction, instruction and training of the operations of a sports team or of individual sportspeople.-Staff:...
, accused each other of sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
. Following an internal hearing that the coach declined to participate in, he was dismissed, but reinstated after the case went public. The case was widely reported in the Canadian press because of the topic of sexual harassment, and controversy over the procedures for investigating it. Ultimately, the case led to the resignation of university president John Stubbs
John Stubbs (educator)
John Stubbs is a Canadian academic. He was president of Trent University and Simon Fraser University.Stubbs began his career as a historian and political scientist, specializing in the history of 20th century British politics and media. He distinguished himself as a teacher and administrator at...
and the reopening and reversal of eleven prior sexual harassment decisions by the university as well as the revision of its harassment policies.
Case
In late 1996, Simon Fraser UniversitySimon Fraser University
Simon Fraser University is a Canadian public research university in British Columbia with its main campus on Burnaby Mountain in Burnaby, and satellite campuses in Vancouver and Surrey. The main campus in Burnaby, located from downtown Vancouver, was established in 1965 and has more than 34,000...
(SFU) student Rachel Marsden
Rachel Marsden
Rachel Marsden is a Canadian conservative political columnist, geopolitical strategist, author and television commentator based in Paris. She writes an internationally syndicated weekly column for Tribune Media Services. She also teaches at Sciences Po University in Paris...
and SFU swimming
Swimming (sport)
Swimming is a sport governed by the Fédération Internationale de Natation .-History: Competitive swimming in Europe began around 1800 BCE, mostly in the form of the freestyle. In 1873 Steve Bowyer introduced the trudgen to Western swimming competitions, after copying the front crawl used by Native...
coach
Coach (sport)
In sports, a coach is an individual involved in the direction, instruction and training of the operations of a sports team or of individual sportspeople.-Staff:...
Liam Donnelly lodged complaints with the SFU harassment office against one another over events that occurred in 1994 and 1995. Marsden's formal complaint involved "seven allegations of unwanted sexual attention, two allegations of intimidating behaviour and a general charge of psychological sexual harassment." Donnelly denied any romantic relationship with Marsden and claimed that she sexually harassed him.
SFU process
The university harassment procedures required a hearing before a panel made up of three members of the university community. On the advice of his lawyer, the coach dropped his own complaint against Marsden and took it instead to the Royal Canadian Mounted PoliceRoyal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
(RCMP) No charges were laid after Donnelly made the complaint. In addition, he did not attend the hearing of Marsden's complaint against him. The panel met, heard Marsden's evidence, and finalized its decision. The result was that Donnelly was fired on May 23, 1997.
The panel's report, however, was later leaked to the media. In it the panelists admitted that the specific incidents about which the student complained appeared insignificant and innocuous, but when "the sum total" was considered, it was determined that her complaint was true on a balance of probability. The panel's report, issued on October 11, 1996, recommended that Donnelly be dismissed and that Marsden be financially compensated, given counselling, and be helped with her academic career.
After dismissing his lawyer and hiring another, Donnelly appealed the ruling and went public with his side of the story. At this time, his colleagues and team-members corroborated his version of events. SFU refused to reopen the hearing, insisting that Donnelly's boycott of the hearing was itself sufficient justification for his dismissal. University policy, however, allowed for employees to file for arbitration in dismissal cases, which Donnelly did. Marsden was invited to participate, but declined. As a first step in the arbitration process, Donnelly and the university went into voluntary mediation. They agreed to reinstate Donnelly on the grounds that "the findings of the harassment panel were based on Ms. Marsden's credibility. Inconsistencies between her statements before the panel and her response to Mr. Donnelly's harassment complaint cast doubt on her credibility." However, Marsden was not a party to this arbitration and the case never went to any court.
SFU rehired Donnelly and committed to pay his legal fees up to $35,000, a sum that was raised to $60,000 a year later.
Institutional consequences
The SFU administration was heavily criticized for its handling of the case, including criticism from the faculty. The President of SFU, John StubbsJohn Stubbs (educator)
John Stubbs is a Canadian academic. He was president of Trent University and Simon Fraser University.Stubbs began his career as a historian and political scientist, specializing in the history of 20th century British politics and media. He distinguished himself as a teacher and administrator at...
, approved a secret settlement with Marsden by which she was given $12,000 to compensate her for a scholarship she failed to receive, lost summer employment, and injuries to her feelings.
As a result of the case, SFU radically revised its policies for dealing with harassment. John Stubbs, who had endorsed Donnelly's dismissal, resigned in December 1997 as university president in the wake of the scandal, although he remains on the university faculty. SFU also reopened ten other harassment cases and reversed their decisions.
Societal consequences
Due to the controversy, media in Canada have been much more cautious about reporting on harassment claims prior to them being presented in the courts.External links
The following links come from Waybackmachine- Recommendations of the Mediator (in the case)
- Text of the mediation agreement
- Liam Donnelly’s Conviction by Prejudice: Lessons for Harassment Policy paper from the Fraser InstituteFraser InstituteThe Fraser Institute is a Canadian think tank. It has been described as politically conservative and right-wing libertarian and espouses free market principles...
. - "The Real Story of Harassment at SFU", by Rick Coe, President of Simon Fraser University Faculty Association, for the Canadian Association of University Teachers Bulletin, 1998