Misplaced Pages

Revision as of 12:44, 2 January 2008

The 1997 Simon Fraser University harassment case occurred when 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 re-instated after the case went public. The case was widely reported in the press because of the topic of sexual harassment, and controversy over the procedures for investigating it.

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). 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 that 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."

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.

Aftermath

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. University president John Stubbs, who had endorsed Donnelly's dismissal, resigned in December in the wake of the scandal. SFU also reopened 11 harassment cases and reversed their decisions.

References

1. Marina Jimenez, “Coach presents lurid evidence to get SFU job back.” Vancouver Sun 31 May 1997, A1
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
3. 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
4. ^ "University defends firing of coach who skipped hearing", The Kitchener-Waterloo Record 6 June 1997, pg. A12
5. ^ SFU news, Independent arbitration board established to review controversial Donnelly dismissal, June 19, 1997
6. Marina Jiménez, "Swim team stands by its fired SFU coach", Vancouver Sun, May 29, 1997, B1
7. "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
8. Marina Jiménez and Scott Simpson, "Rachel Marsden goes public in an effort to clear her name" Vancouver Sun, July 17, 1997, A1
9. "SFU reaches settlement with fired swim coach", Globe and Mail, 25 July 1997, A7
10. 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.
11. Globe and Mail, 9 June 1997: Reported deal in harassment case troubles SFU faculty
12. 'A difficult search for a delicate balance', Maclean's v. 110, no. 26 (July 1, 1997): p. 102.
13. Ian Bailey, "Simon Fraser president quits over handling of sex cases", Canadian Press Newswire, December 12, 1997, section D 12′97
14. "Simon Fraser cites mismanagement, reopens harassment cases", Canadian Press Newswire, October 25, 1997

External links

via 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 Institute.
• "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

• 1997 in Canada
• Simon Fraser University
• Education issues
• Sex crimes
• Civil rights history of Canada