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The '''Marsden-Donnelly harassment case''' occurred in ]. ], a student at ] (SFU), and ], a swim coach there, accused one another of sexual harassment. Following an internal hearing, Donnelly was dismissed, only to be re-instated once the case went public. The case became a cause célèbre both in Canada and internationally 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 ] and a rewriting of procedures for investigating allegations of sexual harassment. |
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==Early contact== |
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Liam Donnelly and Rachel Marsden first met in 1990 at New Westminster’s Hyack swim club, where Donnelly was a coach and Marsden, a teenager, was a swimmer. A dispute about training resulted in Donnelly relegating Marsden to a less competitive category; Marsden's parents hired a lawyer in an attempt to have the decision reversed; in the end Marsden left the club.<ref name=swimsuit>Jimenez, Marina, May 31, 1997. “Coach presents lurid evidence to get SFU job back.” Vancouver Sun, A1.</ref> 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.<ref name=quite2weeks>Derek DeCloet, "An improbable 'balance of probabilities', Alberta Report, v. 24 (34), August 4, 1997, pg 36-37</ref> |
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==Mutual accusations== |
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In late ], Marsden and Donnelly lodged complaints with the Simon Fraser University harassment office against one another over events that occurred in 1994 and 1995. Their accounts of what had happened differed. |
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According to Marsden, she had had a secret relationship with Donnelly from the spring of 1994 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 described his bedroom's layout and other personal matters as corroboration for her story.<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.</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> |
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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 withdrawal from the swim team hung around the aquatic center;<ref name=carrell>"He says, she says", CTV Television, Inc., W5, November 18, 1997 22:01:50 - 22:15:50 Eastern Time </ref><ref name=earlymorning>Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997.</ref> Marsden showered him with stuffed toys, candy, flowers, cards. He complained that she had begun rumours that she and Donnelly were having an affair<ref name=rumouredaffair>"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>, that someone had subscribed him anonymously to '']'' without his permission, that provocative photographs of Marsden had been slipped under his door,<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> and that she had sent him graphic emails offering sexual favors (these a month after Marsden claimed Donnelly had raped her). |
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==Subsequent revelations== |
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Some of Donnelly's allegations were subsequently confirmed. After initially denying any involvement in the Playboy subscription, she admitted to it, explaining this was done "with the hope that he would be able to take out his sexual frustrations on the magazines instead of on real women".<ref name=Finley>David Finley, <i>Liam Donnelly's Conviction by Prejudice: Lessons for Harassment Policy</i>, </ref> She also 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> Marsden also admitted to Simon Fraser’s harassment office on Dec. 2, 1995, that she had sent the emails 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 told the press that they were 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: '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</ref>) After his dismissal, Donnelly released the emails to the press, parts of which were published. In one of these, on Oct. 12, 1995, Marsden wrote and offered him sex.<ref name=stilettoemail>Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997: “I would like to meet with you sometime soon for something very erotic. ... I think the best way to meet would be if we were to go somewhere private … I’ll be wearing a black overcoat and stiletto heels … I don’t think words will be very necessary so I suggest that you just relax and let me undress you, touch you …'’.</ref> When these went unanswered, she wrote on Oct. 13, 1995: “I think that I might be a little too untamed for you. I don’t think you’re anywhere NEAR as wild and passionate as I originally thought you were.” She repeated her offer of sex and proposed a location for their tryst, adding “Should you decline, I’ll totally understand… some situations are just too hot to handle."<ref name=DonnellysTale> Jimenez, Marina, May 31, 1997. “Coach presents lurid evidence to get SFU job back.” Vancouver Sun, A1.</ref> |
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==SFU process== |
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The university harassment procedures required a hearing before a panel made up of three members of the university community. Donnelly's lawyer, however, was concerned that SFU’s panel lacked proper legal procedures, wasn’t run by qualified lawyers, and did not have the legal authority to stop the harassment that he had accused Marsden of.<ref name=legalconcerns>Jimenez, Marina, May 31, 1997. “Coach presents lurid evidence to get SFU job back.” Vancouver Sun, A1</ref> Donnelly therefore dropped his own complaint against Marsden (taking it instead to the RCMP). 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", 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> |
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The panel met, heard Marsden's evidence, and finalized its decision. The result was Donnelly was that fired on May 23, 1997.<ref name=firstReport> 'University defends firing of coach who skipped hearing', The Kitchener-Waterloo Record, June 6, 1997, pg. A12 </ref> |
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The panel's report, however, was later leaked to the media. In it the panelists 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.<ref name=reportdate>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; SFU news, "Independent arbitration board established to review controversial Donnelly dismissal," June 19, 1997 ().</ref> |
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After dismissing his lawyer and hiring another, Donnelly appealed the ruling and went public with his side of the story, releasing the pictures and emails. His colleagues and team-members corroborated his version of events.<ref name=corroborates>Marina Jiminez, "Swim team stands by its fired SFU coach", Vancouver Sun, May 29, 1997, B1</ref>. |
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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 defends firing of coach who skipped hearing," The Kitchener-Waterloo Record, June 6, 1997, Pg. A12</ref> University policy, however, allowed for employees to file for arbitration in dismissal cases, which Donnelly did. This resulted in the establishment of an arbitration board of three whose decision would final and binding.<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; SFU news, "Independent arbitration board established to review controversial Donnelly dismissal," June 19, 1997 ()</ref> Marsden was invited to participate, but declined.<ref name=refuseparticipate>Marina Jiminez and Scott Simpson, "Rachel Marsden goes public in an effort to clear her name" Vancouver Sun, July 17, 1997, A1</ref> |
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As a first step in the arbitration process, Donnelly and the university went into voluntary mediation. Their lawyers 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."<ref name=mediatorsreport>, accepted by both parties </ref> |
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SFU reversed its decision, rehiring Donnelly and committing 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> |
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==Aftermath== |
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The case attracted much media attention both in Canada and around the world. |
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Especially controversial the legitimacy of the investigative procedures and the conclusions drawn by the panel were cast into doubt. An internal SFU review revealed 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> |
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SFU was heavily criticized for its handling of the case. The President of SFU, John 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> |
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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> |
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==External links== |
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* paper from the ]. |
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==References== |
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<references/> |
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] |
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] |
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