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Simon Fraser University 1997 harassment controversy

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The Marsden-Donnelly harassment case occurred in 1997. Rachel Marsden, a student at Simon Fraser University (SFU), and Liam Donnelly, 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 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, 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. 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 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.

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. Later, she described his bedroom's layout and other personal matters as corroboration for her story. 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 withdrawal from the swim team hung around the aquatic center; Marsden showered him with stuffed toys, candy, flowers, cards. He complained that she had begun rumours that she and Donnelly were having an affair, that someone had subscribed him anonymously to Playboy without his permission, that provocative photographs of Marsden had been slipped under his door, and that she had sent him graphic emails offering sexual favors (these a month after Marsden claimed Donnelly had raped her).

Subsequent revelations

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". She also admitted giving Donnelly the photos, but insisted that he had requested them. Marsden also admitted to Simon Fraser’s harassment office on Dec. 2, 1995, that she had sent the emails to Donnelly. (Marsden later told the press that they were an attempt to lure Donnelly into a meeting where she could extract an apology.) 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. 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."

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, 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. 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.

The panel met, heard Marsden's evidence, and finalized its decision. The result was Donnelly was that 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 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.

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..

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. This resulted in the establishment of an arbitration board of three whose decision would final and binding. Marsden was invited to participate, but declined.

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."

SFU reversed its decision, rehiring Donnelly and committing to pay his legal fees up to $35,000, a sum that was raised to $60,000 a year later.

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 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.

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.

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.

External links

References

  1. Jimenez, Marina, May 31, 1997. “Coach presents lurid evidence to get SFU job back.” Vancouver Sun, A1.
  2. Derek DeCloet, "An improbable 'balance of probabilities', Alberta Report, v. 24 (34), August 4, 1997, pg 36-37
  3. "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
  4. Victor Dwyer, 'A campus divided: disturbing new allegations rock Simon Fraser' Maclean’s v. 110, no. 30 (July 28, 1997): pp. 42-3.
  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. "He says, she says", CTV Television, Inc., W5, November 18, 1997 22:01:50 - 22:15:50 Eastern Time
  7. Steve Simmons, 'The Last Word', The Toronto Sun, June 10, 1997.
  8. "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
  9. Dave Cunningham,'Simon Fraser University’s sinking credibility', British Columbia Report, June 30, 1997, v.8(44) Je 30′97 pg 31
  10. David Finley, Liam Donnelly's Conviction by Prejudice: Lessons for Harassment Policy, section 6
  11. 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
  12. "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
  13. 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
  14. 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 …'’.
  15. Jimenez, Marina, May 31, 1997. “Coach presents lurid evidence to get SFU job back.” Vancouver Sun, A1.
  16. Jimenez, Marina, May 31, 1997. “Coach presents lurid evidence to get SFU job back.” Vancouver Sun, A1
  17. 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
  18. 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
  19. 'University defends firing of coach who skipped hearing', The Kitchener-Waterloo Record, June 6, 1997, pg. A12
  20. 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 (here).
  21. Marina Jiminez, "Swim team stands by its fired SFU coach", Vancouver Sun, May 29, 1997, B1
  22. "University defends firing of coach who skipped hearing," The Kitchener-Waterloo Record, June 6, 1997, Pg. A12
  23. "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 (here)
  24. Marina Jiminez and Scott Simpson, "Rachel Marsden goes public in an effort to clear her name" Vancouver Sun, July 17, 1997, A1
  25. The Mediator's Report, accepted by both parties here
  26. "SFU reaches settlement with fired swim coach", Globe and Mail, 25 July 1997, A7
  27. 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.
  28. (reference stub)
  29. Globe and Mail, 9 June 1997: Reported deal in harassment case troubles SFU faculty
  30. 'A difficult search for a delicate balance', Maclean’s v. 110, no. 26 (July 1, 1997): p. 102.
  31. "Embattled SFU president asks for medical leave", Canadian Press Newswire, July 29, 1997, section Jl 29′97
  32. Ian Bailey, "Simon Fraser president quits over handling of sex cases", Canadian Press Newswire, December 12, 1997, section D 12′97
  33. "Simon Fraser cites mismanagement, reopens harassment cases", Canadian Press Newswire, October 25, 1997
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