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| 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 had different accounts of what had happened. | 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 had different accounts of what had happened. | ||
| According to Marsden, she had begun a relationship with Liam Donnelly in the spring of 1994 that had lasted until September of 1995, when he 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> Later, she claimed to be able to describe personal details such as his bedroom's layout and his preferred lubricant.<ref name=lubricant> |
According to Marsden, she had begun a relationship with Liam Donnelly in the spring of 1994 that had lasted until September of 1995, when he 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> Later, she claimed to be able to describe personal details such as his bedroom's layout and his preferred lubricant.<ref name=lubricant> 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> Her formal complaint to SFU "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, by contrast, denied any romantic relationship with Marsden and claimed that she had in fact been harassing him. She had, he said, from the time of her failure to make the swim team hung around the aquatic center, choosing a study carrell that overlooked 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>, and even showing up for 5:30 am practices to watch.<ref name=earlymorning>Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997, (archived ).</ref> 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> Among his claims was that Marsden had sent him graphic emails with explicit offers of sex, which he released to the press. 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, by contrast, denied any romantic relationship with Marsden and claimed that she had in fact been harassing him. She had, he said, from the time of her failure to make the swim team hung around the aquatic center, choosing a study carrell that overlooked 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>, and even showing up for 5:30 am practices to watch.<ref name=earlymorning>Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997, (archived ).</ref> 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> Among his claims was that Marsden had sent him graphic emails with explicit offers of sex, which he released to the press. 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.) | ||
Revision as of 14:35, 4 March 2006
The Marsden-Donnelly harassment case occurred in 1997, when Rachel Marsden, a student at Simon Fraser University (SFU) at the time, accused swim coach Liam Donnelly of raping her the previous September. The case became a cause celebre both in Canada and internationally because of the salaciousness of the details, the topicality of sexual harassment, and the procedures for investigating it. The case led to the resignation of SFU President John Stubbs and a rewriting of procedures for investigating allegations of sexual harassment.
Early contact
Liam Donnelly and Rachel Marsden first met in 1990 at New Westminster’s Hyack swim club. Donnelly was an assistant coach there and Marsden, a teenager, was a swimmer. 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.
A few years later, in 1993, Marsden went to SFU as a student 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."
Mutual Accusations
In late 1996, Marsden lodged a complaint with the Simon Fraser University harassment office against Donnelly over events of the preceding two years. She and Donnelly had different accounts of what had happened.
According to Marsden, she had begun a relationship with Liam Donnelly in the spring of 1994 that had lasted until September of 1995, when he raped her in his apartment. Later, she claimed to be able to describe personal details such as his bedroom's layout and his preferred lubricant. Her formal complaint to SFU "involved seven allegations of unwanted sexual attention, two allegations of intimidating behaviour and a general charge of psychological sexual harassment."
Donnelly, by contrast, denied any romantic relationship with Marsden and claimed that she had in fact been harassing him. She had, he said, from the time of her failure to make the swim team hung around the aquatic center, choosing a study carrell that overlooked the pool,, and even showing up for 5:30 am practices to watch. Marsden showered him with stuffed toys, candy, flowers, cards, a subscription to the magazine Playboy and provocative photographs of herself. Among his claims was that Marsden had sent him graphic emails with explicit offers of sex, which he released to the press. 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." (This came a month after Marsden claimed Donnelly had raped her.)
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.
After a lengthy review, the panel decided the case was within its powers. The panel's report was later leaked to the media. In it they admitted that the specific incidents about which Marsden complained appeared insignificant and innocuous, but that when “the sum total” was considered, it was determined that Marsden’s complaint was true on a balance of probability. The panel's report, issued on Oct. 11, 1996, recommended that Donnelly be dismissed and that Marsden be financially compensated, given counselling, and be helped with her academic career.
As a result of the report, Donnelly was fired on May 23, 1997.
After dismissing his lawyer and hiring another, Donnelly appealed the ruling and went public with his side of the story.
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. Marsden later admitted to the emails but explained them as an attempt to lure Donnelly into a meeting where she could extract an apology. Also, after initially denying any involvement in the Playboy subscription, she admitted to it. Marsden admitted giving Donnelly the photos, but insisted that he had requested them. She also claimed that she had been in his apartment, which Donnelly admitted but insisted was innocent.
Aftermath
The case attracted much media attention both in Canada and around the world.
Especially controversial 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.
SFU reversed its decision, rehiring Donnelly and paying $35,000 in legal fees. All findings of harassment were removed from his file. A year later, the amount given to Donnelly to cover his legal fees was raised to $60,000
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.
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, first took medical leave and then resigned in the wake of the scandal. SFU also reopened 11 harassment cases and reversed their decision.
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
- "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
- "He says, she says", CTV Television, Inc., W5, November 18, 1997 22:01:50 - 22:15:50 Eastern Time (archived here); "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
- Derek DeCloet, "An improbable 'balance of probabilities', Alberta Report, v. 24 (34), August 4, 1997, pg 36-37
- "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
- Victor Dwyer, 'A campus divided: disturbing new allegations rock Simon Fraser' Maclean’s v. 110, no. 30 (July 28, 1997): pp. 42-3 (archived ).
- 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
- "He says, she says", CTV Television, Inc., W5, November 18, 1997 22:01:50 - 22:15:50 Eastern Time (archived here)
- Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997, (archived here).
- Dave Cunningham,'Simon Fraser University’s sinking credibility', British Columbia Report, June 30, 1997, v.8(44) Je 30′97 pg 31 (archived here)
- Dave Cunningham,'Simon Fraser University’s sinking credibility', British Columbia Report, June 30, 1997, v.8(44) Je 30′97 pg 31 (archived here); cf. Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997, (archived here).
- 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
- 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
- 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.
- 'University defends firing of coach who skipped hearing', The Kitchener-Waterloo Record, June 6, 1997, pg. A12 (archieved here
- "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
- Robin Brunet, 'The barracuda speaks', British Columbia Report, November 10, 1997, v.9(11) N 10'97, pg 36-37 (archived here): '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 here).
- David Finley, Liam Donnelly's Conviction by Prejudice: Lessons for Harassment Policy, section 6: 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"
- 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
- Victor Dwyer, 'A campus divided: disturbing new allegations rock Simon Fraser' Maclean’s v. 110, no. 30 (July 28, 1997): pp. 42-3 (archived ).
- (reference stub)
- "SFU reaches settlement with fired swim coach", Globe and Mail, 25 July 1997, A7
- 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.
- Globe and Mail, 9 June 1997: Reported deal in harassment case troubles SFU faculty
- 'A difficult search for a delicate balance', Maclean’s v. 110, no. 26 (July 1, 1997): p. 102.
- "Embattled SFU president asks for medical leave", Canadian Press Newswire, July 29, 1997, section Jl 29′97
- Ian Bailey, "Simon Fraser president quits over handling of sex cases", Canadian Press Newswire, December 12, 1997, section D 12′97
- "Simon Fraser cites mismanagement, reopens harassment cases", Canadian Press Newswire, October 25, 1997