Simon Fraser University 1997 harassment controversy

Last updated

The 1997 Simon Fraser University harassment controversy was a series of events at Simon Fraser University, in British Columbia, Canada. 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.

Contents

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.

Case

In late 1996, Simon Fraser University (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." [1] Donnelly denied any romantic relationship with Marsden and claimed that she sexually harassed him. [2] [3]

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 Police (RCMP). [4] No charges were laid after Donnelly made the complaint. In addition, he did not attend the hearing of Marsden's complaint against him. [5] [6] The panel met, heard Marsden's evidence, and finalized its decision. The result was that Donnelly was fired on May 23, 1997. [7]

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. [5] [8]

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. [9] SFU refused to reopen the hearing, insisting that Donnelly's boycott of the hearing was itself sufficient justification for his dismissal. [7] University policy, however, allowed for employees to file for arbitration in dismissal cases, which Donnelly did. [8] [10] Marsden was invited to participate, but declined. [11] 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, [12] a sum that was raised to $60,000 a year later. [13]

Institutional consequences

The SFU administration was heavily criticized for its handling of the case, including criticism from the faculty. The president of SFU, John Stubbs, 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. [14]

As a result of the case, SFU radically revised its policies for dealing with harassment. [15] John Stubbs, who had endorsed Donnelly's dismissal, resigned in December 1997 as university president in the wake of the scandal, although he remained on the university faculty. [16] SFU also reopened ten other harassment cases and reversed their decisions. [17]

Societal consequences

Due to the controversy, media in Canada have been much more cautious about reporting on harassment cases before they are heard in court. [18]

See also

Related Research Articles

<span class="mw-page-title-main">Simon Fraser University</span> Public university in British Columbia, Canada

Simon Fraser University (SFU) is a public research university in British Columbia, Canada, with three campuses, all in Greater Vancouver: Burnaby, Surrey, and Vancouver. The 170-hectare (420-acre) main Burnaby campus on Burnaby Mountain, located 20 kilometres (12 mi) from downtown Vancouver, was established in 1965 and comprises more than 30,000 students and 160,000 alumni. The university was created in an effort to expand higher education across Canada.

<span class="mw-page-title-main">Louise Arbour</span> Canadian lawyer, prosecutor and jurist (born 1947)

Louise Arbour is a Canadian lawyer, prosecutor and jurist.

<span class="mw-page-title-main">Simon Fraser Red Leafs</span>

The SFU Red Leafs or Simon Fraser Red Leafs teams represent Simon Fraser University (SFU), which is located in Burnaby, British Columbia, Canada. The Red Leafs are members of NCAA Division II and are the only Canadian university affiliated with the U.S.-based National Collegiate Athletic Association. The teams previously used the nicknames "Clansmen" and "Clan," which were retired in 2020. In September 2022, the updated nickname "Red Leafs" was announced.

Allan Kenneth McLean is a former politician in Ontario, Canada. He was a Progressive Conservative member of the Legislative Assembly of Ontario from 1981 to 1999 who represented the riding of Simcoe East. He was a cabinet minister in the government of Frank Miller and served as speaker of the assembly before being forced out of office due to a scandal.

Louis Yves Fortier is a Canadian diplomat, trial and appellate lawyer, arbitrator and corporate director. He served as the Canadian Ambassador to the United Nations from August 1988 to December 1991. In August 2013, he became a member of the Security Intelligence Review Committee and the Queen's Privy Council for Canada. He also served as the national president of the Canadian Bar Association from 1982 to 1983.

<span class="mw-page-title-main">Kevin Falcon</span> Canadian politician (born 1963)

Kevin Falcon is a Canadian financial executive and a provincial politician who is the leader of the British Columbia Liberal Party as of 2022, and the Leader of the Opposition as of May 2022. He is the member of the Legislative Assembly (MLA) for the district of Vancouver-Quilchena, being elected in a byelection in April 2022. He formerly served as the MLA for Surrey-Cloverdale as a member of the BC Liberals from 2001 to 2013. He served as both the 12th deputy premier of British Columbia, and the province's minister of Finance. On April 30, he was elected as MLA for Vancouver-Quilchena in a by-election.

<span class="mw-page-title-main">Kristin Booth</span> Canadian actress (born 1974)

Kristin Booth is a Canadian actress, born in Kitchener, Ontario. She graduated with Honours BFA from Ryerson Theatre School at Ryerson Polytechnic University in 1997.

John O. Stubbs is a Canadian academic. He was president of Trent University and Simon Fraser University.

<span class="mw-page-title-main">Steven Galloway</span> Canadian novelist and a former professor

Steven Galloway is a Canadian novelist and a former professor at the University of British Columbia. He is the author of the award-winning novel The Cellist of Sarajevo (2008).

<span class="mw-page-title-main">Rachel Marsden</span> Canadian journalist (born 1974)

Rachel Marsden is a Canadian conservative political columnist, television commentator and university lecturer, based in Paris. She is also the CEO of Rachel Marsden Associates, a PR and media consultancy firm. As of March 2016, she hosts a French-language geopolitical talk show on Sputnik News from the network's Paris studio four times per week. As of 2020, she is also a nationally ranked competitive swimmer at the masters level in France in the 50m, 100m, 200m, 400m freestyle, 50m butterfly, and 200m individual medley and also in Canada.

Edward N. "Ted" Hughes was a Canadian retired judge. He was best known for overseeing prominent investigations in Manitoba, Saskatchewan and British Columbia, one of which led to the resignation of Premier Bill Vander Zalm.

Kathryn Borel is a Canadian writer, editor and radio producer. She was a founding producer of the CBC Radio One show Q. Borel is the author of Corked: A Memoir (2009).

Andreana Kostantina Tantaros is an American conservative political analyst and commentator. She was a co-host of Outnumbered on Fox News, and an original co-host of The Five. She sued Fox News in August 2016, accusing Roger Ailes, Bill O'Reilly, and others of sexual harassment. The case was dismissed in court in May 2018.

In late 2014, Canadian radio host Jian Ghomeshi was arrested and charged with four counts of sexual assault, and one count of overcoming resistance by choking, in relation to three complainants. He was charged with three additional counts related to three more women on January 8, 2015. On October 1, 2015, Ghomeshi pleaded not guilty to one count of choking and four counts of sexual assault. The trial began on February 1, 2016. He was acquitted of all five charges on March 24, 2016.

The international #MeToo movement began in late 2018 to manifest in areas of the Indian society including the government, the media, and the Bollywood film industry. In India, the Me Too movement is seen as either an independent outgrowth influenced by the international campaign against sexual harassment of women in the workplace, or an offshoot of the American "Me Too" social movement. Me Too began gaining prominence in India with the increasing popularity of the international movement, and later gathered sharp momentum in October 2018 in the entertainment industry of Bollywood, centered in Mumbai, when actress Tanushree Dutta accused Nana Patekar of sexual harassment. This led to many women in the news media, Indian films, and even within the government to speak out and bring allegations of sexual harassment against a number of perpetrators.

The 2018 Google walkouts occurred on November 1, 2018 at approximately 11 am. The walkout had a large number of participants. The employees demanded five concrete changes from the company: an end to forced arbitration; a commitment to end pay inequality; a transparent sexual harassment report; an inclusive process for reporting sexual misconduct; and elevate the Chief of Diversity to answer directly to the CEO and create an Employee Representative. A majority of the known organizers have left the company since the walkout and many continue to voice their concerns. Google agreed to end forced arbitration and create a private report of sexual assault, but has not provided any further details about the other demands.

The United States Center for SafeSport is an American 501(c)(3) nonprofit organization established in 2017 under the auspices of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017. SafeSport is tasked with addressing the problem of sexual abuse of minors and athletes in Olympic sports in the United States. Its primary focus, as to which it has exclusive jurisdiction in the US, is to review allegations of sexual misconduct, and to impose sanctions up to lifetime banning of a person from involvement in all Olympic sports. The function of SafeSport also covers providing a public central database of sanctioned individuals across all sports. On a discretionary basis, SafeSport also reviews and acts on allegations other than those of sexual abuse or sexual misconduct, such as emotional abuse, bullying, and harassment. SafeSport collaborates with law enforcement on report investigations.

<span class="mw-page-title-main">Anne Salomon</span> Canadian applied marine ecologist

Anne Katherine Salomon is a Canadian applied marine ecologist. She is an associate professor with the School of Resource and Environmental Management in the Faculty of Environment at Simon Fraser University. In 2019, Salomon was elected a Member of the College of New Scholars, Artists and Scientists of the Royal Society of Canada.

In May 2022, it was reported that Hockey Canada—the governing body for the sport of ice hockey in Canada—had paid a settlement to a woman who alleged that she was the victim of a sexual assault perpetrated in 2018 by members of Canada's men's national junior team. Junior hockey players have been the subject to sexual assault investigations by police fifteen times since 1989, and in 2022 police were investigating two incidents.

References

  1. ↑ Robert Matas, "SFU report details sex allegations; panel based ruling supporting student’s claim of harassment on balance of probability", The Globe and Mail, 17 July 1997 A4
  2. ↑ Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997.
  3. ↑ Dave Cunningham,'Simon Fraser University’s sinking credibility', British Columbia Report, June 30, 1997, v.8(44) Je 30′97 pg 31
  4. ↑ Marina Jimenez, “Coach presents lurid evidence to get SFU job back.” Vancouver Sun 31 May 1997, A1.
  5. 1 2 Robert Matas, "SFU report details sex allegations; panel based ruling supporting student’s claim of harassment on balance of probability", The Globe and Mail , 17 July 1997 A4
  6. ↑ Robert Matas, "SFU president ignored new harassment information University head was concerned that new material provided to him had not been presented to investigative panel", The Globe and Mail, 11 June 1997, A10
  7. 1 2 "University defends firing of coach who skipped hearing", The Kitchener-Waterloo Record 6 June 1997, pg. A12
  8. 1 2 SFU news, Independent arbitration board established to review controversial Donnelly dismissal, June 19, 1997
  9. ↑ Marina Jiménez, "Swim team stands by its fired SFU coach", Vancouver Sun, May 29, 1997, B1
  10. ↑ "Fired swim coach to seek arbitration Simon Fraser won’t change its decision after sexual harassment charge countered", The Globe and Mail, 2 June 1997, C11
  11. ↑ Marina Jiménez and Scott Simpson, "Rachel Marsden goes public in an effort to clear her name" Vancouver Sun, July 17, 1997, A1
  12. ↑ "SFU reaches settlement with fired swim coach", Globe and Mail, 25 July 1997, A7
  13. ↑ Robert Matas, "University improves payout to coach SFU decision among several reversals after review of harassment investigations", The Globe and Mail, 2 May 1998, A5.
  14. ↑ Globe and Mail, 9 June 1997: Reported deal in harassment case troubles SFU faculty
  15. ↑ 'A difficult search for a delicate balance', Maclean's v. 110, no. 26 (July 1, 1997): p. 102.
  16. ↑ Ian Bailey, "Simon Fraser president quits over handling of sex cases", Canadian Press Newswire, December 12, 1997, section D 12′97
  17. ↑ "Simon Fraser cites mismanagement, reopens harassment cases", Canadian Press Newswire, October 25, 1997
  18. ↑ Davison, Kevin G.; Blye W. Frank (October 2006). "Sexualities, Genders, and Bodies in Sport: Changing Practices of Inequity" (PDF). In Phillip White, Kevin Young (ed.). Sport and Gender in Canada (Second ed.). Oxford University Press. p. 360. ISBN   9780195419870. However, since the well-publicized case of Rachel Marsden's suspicious claims of sexual harassment against her swim coach at Simon Fraser University in 1997, the media have been cautious of how they report on claims that have not yet been brought before the courts. This, in turn, creates a greater silence about sexual harassment and greater pressure for women athletes to comply with heterosexualized femininity.

The following links come from Waybackmachine

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.