kris anderson
Last week Rachel Marsden issued a press release in response
to the one issued by SFU regarding its review of several
harassment cases. As reported last week in The Peak, SFU
president Jack Blaney has stated that the university will
pay Liam Donnelly's outstanding legal fees.
Donnelly, a swim coach, was fired last summer for the
alleged sexual harassment of student Rachel Marsden.
Donnelly was later reinstated when an external mediator
found procedural errors in the university's investigation of
the case. Despite the reinstatement, the SFU
administration's findings that Donnelly was guilty have not
been nullified. In order for this to occur the case would
have to be reheard.
Marsden said that she did not request a review of the case
because she is satisfied with the panel's original findings,
that Donnelly was guilty of sexual harassment. SFU president
Jack Blaney said that in order for a harassment case to be
re-heard both parties would have to agree on a review.
In her statement, Marsden emphasizes that Donnelly's
reinstatement has not vindicated him of sexual harassment.
She points out that media coverage of the reinstatement
calls into question her credibility even though her case has
not been revisited.
"All I really wanted was accountability out of this
process... for three independent people to hear my case and
to find in my favour and to say 'yes we believe you'... and
if that's all I have to hold onto to this day, then that's
good enough," said Marsden, adding that she would not want
to go through the whole process again because of
technicalities in the original procedure.
The university has said that there was evidence presented
during mediation which cast doubt on Marsden's credibility,
but Marsden says she was not informed as to what this
evidence was. Marsden adds "the university would be looking
for any excuse to sugar coat his reinstatement... so it
would be more acceptable." Marsden questions whether the
university would have been able to justify Donnelly's
reinstatement on technical issues alone.
In regards to the new harassment policy Marsden says, "I
hope that people just look out for themselves and try not to
have to go through this and use the [harassment] policy."
She adds that she does not have any faith in the process,
even with the new harassment policy.
When asked how she would have handled the situation
differently, Marsden said that she does not want to dwell on
the past, but that she wishes she had been more educated
about the policy and the complaint process.
Despite the media attention this case has garnered, the
original decision that Liam Donnelly is guilty of sexual
harassment has not changed. However, the case has been
played out in the media in a way which seems to point to his
innocence. Marsden says she believes the media's handling of
the issue has been very biased against her.
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