FIRED UBC PROF AWARDED $167K.
• The University of B.C. must compensate fired professor Steven Galloway for statements that violated his privacy and damaged his reputation, according to an arbitrator’s decision released Friday.
John Hall, who was appointed by the university and its faculty association to arbitrate two grievances filed on behalf of Galloway in April 2016, said UBC should pay Galloway $167,000 after “certain communications” by the university broke Galloway’s privacy rights and damaged his reputation.
Hall said the resolution is only partial, after some issues were withdrawn, and a thirdparty determination of those remaining issues is still needed.
Galloway’s mysterious firing in 2016 led to months of rumours about sexual assault, harassment and bullying, and divided the Canadian writing community after a group of prominent authors published an open letter calling for an independent inquiry into UBC’s conduct of the affair.
His lawyer later released a statement in which Galloway expressed regret for his actions and the harm they caused. The statement confirmed that Galloway had been accused of sexual assault, but also said an investigation led by retired judge Mary Ellen Boyd found the claim was unsubstantiated.
The letter added that “specific complaints of a sexual nature” were limited to one complainant. Boyd’s investigation found that Galloway violated UBC policy by engaging in inappropriate behaviour when he engaged in a two-year affair with a student. Both were married at the time.
Of the two grievances in arbitration, the first dates back to Dec. 9, 2015, when Galloway was temporarily suspended without pay pending an investigation into “serious” allegations brought forward to UBC’s creative writing program, Hall wrote. The faculty association said UBC’s actions had violated Galloway’s privacy rights and “caused him irreparable reputational damage and financial loss,” Hall said.
The second grievance, dated July 6, 2016, was brought when Galloway was fired from his position as a tenured associate professor. The faculty association challenged his termination and alleged “there had been substantial procedural violations by the university’s administration.” The association also alleged that UBC’s “communications regarding the termination had been misleading and had caused both serious reputational damage and ongoing personal suffering to” Galloway.
Hall said that during delays and rescheduling of the arbitration, the parties agreed to a revised process for determining outstanding issues that would take less time. The faculty association withdrew its claim for Galloway’s reinstatement, as well as claims for compensation for lost income and benefits. The issue of whether UBC had cause to fire Galloway was dropped from the arbitration.
Hall said a third-party determination of the remaining issues is still needed.
“I have considered the record before me — particularly, the extensive documentary materials tendered by both parties — in light of the representations by counsel,” Hall wrote.
“I find that certain communications by the University contravened the Grievor’s privacy rights and caused harm to his reputation. He should accordingly be compensated with an award of damages. I have decided to set the amount at $167,000.00 after taking into account all of the relevant and countervailing considerations.”
Galloway was not immediately available for comment on Hall’s decision. No one from the UBC Faculty Association was available for comment.
In response to a request for comment, UBC released a brief response from Philip Steenkamp, vice-president of external relations.
“UBC accepts the decision of the arbitrator appointed to look into two grievances filed by the Faculty Association on behalf of Steven Galloway,” Steenkamp wrote.
“In his decision, the arbitrator confirms that: 1. In February 2018 during the arbitration proceedings, the Faculty Association withdrew its claim on behalf of Steven Galloway for reinstatement, as well as the claims for compensation for lost income and benefits. Consequently, the issue of whether the University had cause to dismiss Steven Galloway was no longer contested as part of the arbitration.
“2. Certain communications by UBC contravened Steven Galloway’s privacy rights and caused harm to his reputation and UBC must pay Steven Galloway $167,000 in damages.”