The Hamilton Spectator

‘I wouldn’t use a policy like that’

Professor who helped create McMaster’ University’s first sexual violence plan rebukes the existing one

- KATRINA CLARKE Katrina Clarke is a Hamilton-based reporter at The Spectator. katrinacla­rke@thespec.com

A McMaster University professor who helped create the school’s first standalone sexual violence policy says the current policy is so flawed that, if she was assaulted on campus, she wouldn’t ask the university to do an investigat­ion.

Amber Dean, an associate professor in McMaster’s Department of English and Cultural Studies, is speaking out about the policy amid a Spectator investigat­ion into McMaster’s handling of sexual violence. Student survivors have told The Spec the university fails them and protects perpetrato­rs.

Dean believes them.

In 2016, she was a member of a steering committee tasked with developing the university’s first standalone sexual violence policy in accordance with a new provincial law. The first draft, she said, applied survivor-centric, equity and intersecti­onal lenses to sexual violence — acknowledg­ing that forms of oppression such as racism, homophobia, transphobi­a and ableism are interconne­cted with sexual violence.

“But then, when the university’s lawyers and policy people got involved, the policy transforme­d into something much more legalistic,” Dean said. In doing so, “it replicated some of the same problems we see with how the courts handle sexual violence.”

Specifical­ly, the revised rubber-stamped draft took on a “colour-blind and neutral perspectiv­e,” providing no assurances the university will track or address equity issues, she said.

The university disagrees. “The policy ... approach to complaints and support is trauma-informed, follows procedural fairness, and recognizes that socially marginaliz­ed individual­s experience disproport­ionately higher incidences of sexual and other forms of violence,” said McMaster spokespers­on Wade Hemsworth in a statement.

Dean, in some ways, sees McMaster’s existing policy as doing a worse job at tackling sexual violence than the legal system. For instance, at McMaster survivors are rarely told what consequenc­es their perpetrato­rs face. At least in the courts, that informatio­n is public. The university says it can’t share that informatio­n with a survivor unless it directly affects them — such as a no-contact order — due to privacy law.

“If I experience­d sexual violence as a member of the McMaster community and knew that I could go through this whole process and still not be entitled to know the outcome of it, then I wouldn’t use a policy like that,” Dean said.

Additional­ly, McMaster’s sexual violence policy has no provision allowing survivors to appeal an investigat­ion outcome, nor the sanctions applied. A respondent, on the other hand, does have the right to appeal an investigat­ion’s outcome and, in many cases — such as a student being suspended or expelled — the respondent can appeal sanctions.

In response to Dean’s criticism, Hemsworth

said the policy was developed “in collaborat­ion with a large working group with broad representa­tion” and that recommenda­tions were “shaped by extensive consultati­ons with the McMaster community and the policy was approved by the university senate and board of governors, which includes students, faculty and community members.”

Dean thinks the existing policy needs a new review, one that actively seeks out feedback from those who’ve been negatively affected by the policy and addresses their concerns.

 ??  ?? Scan to read Katrina Clarke’s Whisper Network investigat­ion.
Scan to read Katrina Clarke’s Whisper Network investigat­ion.

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