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The '''Marsden-Donnelly harassment case''' occurred in ], when ], a student at ] (SFU) at the time, accused swim coach ] of ] her the previous September. The case became a cause celebre in the Canadian media because of the salaciousness of the details, the topicality of ], and the procedures for investigating it. The case led to the resignation of SFU President John Stubbs. The '''1997 Simon Fraser University harassment controversy''' was a series of events at ], in ], Canada. In the case at the center of the controversy, ], then a student, and Liam Donnelly, a ] ], accused each other of ].


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 ] and the reopening and reversal of eleven prior sexual harassment decisions by the university as well as the revision of its harassment policies.
==Early contact==
Liam Donnelly and Rachel Marsden first met in 1990 at New Westminster’s Hyack swim club. Donnelly was a coach there and Marsden, a teenager, was a swimmer.<ref name=early>"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</ref> Marsden refused to do one particular workout; Donnelly relegated Marsden to a less competitive category; Marsdens' parents hired a lawyer in an attempt to have the decision reversed; in the end Marsden left the club. Hyack staff later recalled that Marsden had an unhealthy crush on Mr. Donnelly at the time.<ref name=crush>"He says, she says", CTV Television, Inc., W5, November 18, 1997 22:01:50 - 22:15:50 Eastern Time (archived ); "Simon Fraser University’s sinking credibility: a harassment scandal focuses attention on the university’s 'kangaroo court'", British Columbia Report, vol. 8(44) je 30′97 (June 30, 1997), pg 31</ref>


==Case==
In 1993, Marsden began as a student as Simon Fraser University and tried out for the university swim team. Donnelly was head coach. She quit after a few weeks, saying competition would interfere with her studies."<ref name=quite2weeks>Derek DeCloet, "An improbable 'balance of probabilities', Alberta Report, v. 24 (34), August 4, 1997, pg 36-37</ref> But she did not stay away, instead she studied in a carrell overlooking the pool.<ref name=carrell>"He says, she says", CTV Television, Inc., W5, November 18, 1997 22:01:50 - 22:15:50 Eastern Time (archived )</ref>
In late 1996, ] (SFU) student ] and SFU ] ] 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."<ref name=7allegations>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</ref> Donnelly denied any romantic relationship with Marsden and claimed that she sexually harassed him.<ref name=earlymorning>Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997.</ref><ref name=DonnellysTale2>Dave Cunningham,'Simon Fraser University’s sinking credibility', British Columbia Report, June 30, 1997, v.8(44) Je 30′97 pg 31</ref>

==Mutual Accusations==
In late ], Marsden lodged a complaint with the Simon Fraser University harassment office against Donnelly over events of the preceding two years. She and Donnelly told different versions.

===Marsden's Accusations===
Marsden said that from the spring of 1994 to the fall of 1995 she'd had a relationship with Liam Donnelly and that in September of that year he had raped her in his apartment.<ref name=dateofrape> "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</ref>

===Donnelly's Accusations===
Donnelly, by contrast, denied any romantic relationship with Marsden and claimed that she had in fact been harassing him. Among his claims was that Marsden had sent him graphic emails with explicit offers of sex. When these went unanswered, she wrote on Oct. 13: "Should you decline I'll totally understand ... some situations are just too hot to handle ... and I think that I might be a little too untamed for you."<ref name=DonnellysTale> Dave Cunningham,'Simon Fraser University’s sinking credibility', British Columbia Report, June 30, 1997, v.8(44) Je 30′97 pg 31 (archived ); cf. Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997, (archived ).</ref> (This came a month after Marsden claimed Donnelly had raped her.) Donnelly also claimed that Marsden showered him with stuffed toys, candy, flowers, cards, a subscription to the magazine '']'' and provocative photographs of herself.<ref name=DonnellysTale2> Dave Cunningham,'Simon Fraser University’s sinking credibility', British Columbia Report, June 30, 1997, v.8(44) Je 30′97 pg 31 (archived ) </ref>


==SFU process== ==SFU process==
The university harassment procedures required a hearing before a panel made up of three members of the university community. Donnelly's lawyer, however, advised him that the panel did not have jurisdiction over the matter, and Donnelly therefore did not attend the hearing. <ref name=Donnellysadvice>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</ref><ref name=procedure>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</ref> After a lengthy review, the panel decided the case was within its powers and found Donnnelly guilty. Donnelly was fired on May 23, ].<ref name=firstReport> 'University defends firing of coach who skipped hearing', The Kitchener-Waterloo Record, June 6, 1997, pg. A12 (archieved </ref> 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 ] (RCMP).<ref name=legalconcerns>Marina Jimenez, “Coach presents lurid evidence to get SFU job back.” '']'' 31 May 1997, A1.</ref> No charges were laid after Donnelly made the complaint. In addition, he did not attend the hearing of Marsden's complaint against him.<ref name=Donnellysadvice>Robert Matas, "SFU report details sex allegations; panel based ruling supporting student’s claim of harassment on balance of probability", '']'', 17 July 1997 A4</ref><ref name=procedure>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</ref> The panel met, heard Marsden's evidence, and finalized its decision. The result was that Donnelly was fired on May 23, 1997.<ref name=SFUjustifies>"University defends firing of coach who skipped hearing", '']'' 6 June 1997, pg. A12</ref>


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.<ref name=Donnellysadvice /><ref name=boardestablish>SFU news, , June 19, 1997</ref>
After dismissing his lawyer and hiring another, Donnelly appealed the ruling and went public with his side of the story.


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.<ref name=corroborates>Marina Jiménez, "Swim team stands by its fired SFU coach", ''Vancouver Sun'', May 29, 1997, B1</ref> SFU refused to reopen the hearing, insisting that Donnelly's boycott of the hearing was itself sufficient justification for his dismissal.<ref name=SFUjustifies /> University policy, however, allowed for employees to file for arbitration in dismissal cases, which Donnelly did.<ref name=boardestablish /><ref name=arbsought>"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</ref> Marsden was invited to participate, but declined.<ref name=refuseparticipate>Marina Jiménez and Scott Simpson, "Rachel Marsden goes public in an effort to clear her name" ''Vancouver Sun'', July 17, 1997, A1</ref> 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.
==Subsequent revelations==
Some of these details were subsequently confirmed. Marsden admitted to Simon Fraser’s harassment office on Dec. 2, 1995, that she had sent sexually explicit messages to Donnelly.<ref name=admitemail>"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</ref> Marsden later admitted to the emails but explained them as an attempt to lure Donnelly into a meeting where she could extract an apology.<ref name=emailforapology> Robin Brunet, 'The ''barracuda'' speaks', British Columbia Report, November 10, 1997, v.9(11) N 10'97, pg 36-37 (archived ): 'She added that she had sent the steamy e-mails in “a desperate attempt to entice into meeting with me so I could obtain accountability and an apology from him for the abuse, harassment and rape I suffered at his hands.”'; cf. also CTV Television, Inc., W5, November 18, 1997 22:01:50 - 22:15:50 Eastern Time (archived ).</ref> Also, after initially denying any involvement in the Playboy subscription, she admitted to it.<ref name=Finley>David Finley, <i>Liam Donnelly's Conviction by Prejudice: Lessons for Harassment Policy</i>, : she had explained this action has having been done "with the hope that he would be able to take out his sexual frustrations on the magazines instead of on real women" </ref> Marsden admitted giving Donnelly the photos, but insisted that he had requested them.<ref name=photosexplained>Robert Matas, "SFU report details sex allegations Panel based ruling supporting student's claim of harassment on balance of probability", Globe and Mail, 17 July 1997, A4</ref> She also claimed that she had been in his apartment, which Donnelly admitted but insisted was innocent.<ref name=apartment> Victor Dwyer, 'A campus divided: disturbing new allegations rock Simon Fraser' Maclean’s v. 110, no. 30 (July 28, 1997): pp. 42-3 (archived ).</ref>


SFU rehired Donnelly and committed to pay his legal fees up to $35,000,<ref name=rehire>"SFU reaches settlement with fired swim coach", ''Globe and Mail'', 25 July 1997, A7</ref> a sum that was raised to $60,000 a year later.<ref name=amountraised>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.</ref>
==Aftermath==
The case attracted much media attention, and the legitimacy of the investigative procedures and the conclusions drawn by the panel were cast into doubt. An internal SFU review discovered that the university's harassment policy coordinator Patricia O'Hagan had a "personal relationship" with Marsden and had shown her drafts of the initial report.<ref name=OHagan>(reference stub)</ref>


==Institutional consequences==
SFU reversed its decision, rehiring Donnelly and paying $35,000 in legal fees. All findings of harassment were removed from his file.
⚫ The SFU administration was heavily criticized for its handling of the case, including criticism from the faculty. The president of SFU, ], 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.<ref name=secretsettlement>''Globe and Mail'', 9 June 1997: Reported deal in harassment case troubles SFU faculty</ref>


⚫ As a result of the case, SFU radically revised its policies for dealing with harassment.<ref name=SFUharassment>'A difficult search for a delicate balance', '']'' v. 110, no. 26 (July 1, 1997): p. 102.</ref> 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.<ref name=Stubbsresigns>Ian Bailey, "Simon Fraser president quits over handling of sex cases", Canadian Press Newswire, December 12, 1997, section D 12′97</ref> SFU also reopened ten other harassment cases and reversed their decisions.<ref name=reopened>"Simon Fraser cites mismanagement, reopens harassment cases", Canadian Press Newswire, October 25, 1997</ref>
⚫ SFU was heavily criticized for its handling of the case. The President of SFU, David Stubbs, approved a secret settlement with Marsden by which was given $12,000 to compensate her for a scholarship she failed to receive, lost summer employment, and injuries to her feelings. Marsden was allowed to pass an uncompleted course and to graduate.<ref name=secretsettlement>Globe and Mail, 9 June 1997: Reported deal in harassment case troubles SFU faculty</ref>


==Societal consequences==
⚫ As a result of the case, SFU radically revised its policies for dealing with harassment.<ref name=SFUharassment>'A difficult search for a delicate balance', Maclean’s v. 110, no. 26 (July 1, 1997): p. 102.</ref> University president John Stubbs, who had endorsed Donnelly's dismissal, first took medical leave<ref name=Stubbsmedical>"Embattled SFU president asks for medical leave", Canadian Press Newswire, July 29, 1997, section Jl 29′97</ref> and then resigned in the wake of the scandal.<ref name=Stubbsresigns>Ian Bailey, "Simon Fraser president quits over handling of sex cases", Canadian Press Newswire, December 12, 1997, section D 12′97 </ref> SFU also reopened 11 harassment cases and reversed their decision.<ref name=reopened>"Simon Fraser cites mismanagement, reopens harassment cases", Canadian Press Newswire, October 25, 1997</ref>
Due to the controversy, media in Canada have been much more cautious about reporting on harassment cases before they are heard in court.<ref name="Davison">
{{cite book
| last = Davison
| first = Kevin G.
|author2=Blye W. Frank
| editor = Phillip White, Kevin Young
| title = Sport and Gender in Canada
| edition = Second
|date= October 2006
| publisher = Oxford University Press
| isbn = 9780195419870
| pages = 360
| chapter = Sexualities, Genders, and Bodies in Sport: Changing Practices of Inequity
| chapter-url = http://www.nuigalway.ie/education/staff/kevin_davison/downloads/sexualitiesgenders_and_bodies.pdf
| quote = 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.
}}
</ref>


==See also==
In the end, Marsden's claims were never adjudicated by a court or a reconstituted university sexual harassment committee and no charges were laid against anyone involved in the controversy.
*]


==References== ==References==
{{reflist}}


==External links==
<references/>
The following links come from ]
*
*
* paper from the ].
*, by Rick Coe, President of Simon Fraser University Faculty Association, for the ''Canadian Association of University Teachers'' Bulletin, 1998


] ]
] ]
]
]
]
]
]

Latest revision as of 12:49, 6 September 2024

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.

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." 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 Police (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 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.

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 remained 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 cases before they are heard in court.

See also

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. ^ 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. ^ "University defends firing of coach who skipped hearing", The Kitchener-Waterloo Record 6 June 1997, pg. A12
  8. ^ 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.

External links

The following links come from Wayback Machine

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