McGill student suing over sex assault allegations

MONTREAL, Que. — A McGill University student has filed a $1.5-million lawsuit against the school, the McGill Daily newspaper, two student associations and a fellow student who was able to make anonymous allegations that he sexually assaulted her.

The lawsuit, filed at the Montreal courthouse this month by Declan McCool, a 24-year-old arts student, alleges the 11 parties named “destructively impacted” his life. McCool’s allegations have not been proven in court, but the lawsuit chronicles a disturbing series of events in which he was accused by a person who remained anonymous to him while he was still expected to defend himself, even though he was not provided any details of what he was alleged to have done.

According to the lawsuit, the allegation emerged this year after McCool was elected to be the vice-president internal of the Students Society of McGill University (SSMU), a position that comes with a $35,000 salary.

“McCool ran his election campaign as a champion of the movement to address sexual violence,” McCool’s attorney, Felipe Morales, wrote in the suit. “One week after he was elected, McCool was advised by the Engineering Undergraduate Society that someone had anonymously made a complaint of sexual assault against him. Neither the accuser nor details of the accusation were provided. However, he was required to defend himself before a committee of four engineering students comprised to investigate the allegation.

“McCool appeared before the committee, which did not inquire or address any specifics of the allegation.”

McCool was “convicted” by the committee, which imposed a restriction from participating in McGill events involving students and alcohol.

The process was supposed to be confidential. But eight hours after McCool was informed of the decision, the McGill Daily published an online article naming him “and characterized McCool as a sexual predator.” According to the lawsuit, the McGill Daily did not contact McCool for comment.

“This began a series of events whereby the Student Society, the complainant, students and others engaged in a deliberate pattern of persecution that ruined McCool’s reputation and standing in the community,” Morales wrote.

Days after the McGill Daily published the article, it published a statement on April 15, 2020, penned by the student who made the allegation. The student remained anonymous and she was referred to as Sam, a pseudonym.

“I reported the incident anonymously because the person I was reporting had recently become a very powerful and visible person on campus, and I felt it was safer for me to do it this way. Don’t believe me? That is really too bad,” the student identified only as Sam wrote while adding later she was seeking to have McCool removed from SSMU Human Resources, which according to her statement can be done through an anonymous reporting process.

“I chose this route because reporting through the police or McGill would have been a long and arduous process that I did not have the time, resources or energy for. I would have also had to sacrifice my anonymity if I went through the police. I would have had to face institutions that have long histories of mistreating cases like mine, with processes that are nowhere near trauma-informed or survivor centric.”

Postmedia has decided to not publish the student’s name for the time being.