MUN's handling of sexual assault case leads to calls for change - Action News
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NLCBC Investigates

MUN's handling of sexual assault case leads to calls for change

Memorial University's students' union says the university needs to do a better job to keep its students safe on campus.

NDP, student union both say government has a role to play

A frosted door carries the title Sexual Harassment Office.
Memorial University has an office dedicated to handling issues of sexual harassment and assault. (Mike Simms/CBC)

Memorial University's student union and the provincial NDP are raising red flags over the handling of an alleged sexual assault just off the university's St. John's campus last falland are questioning what role the provincial government plays in preventing campus violence.

On Monday, CBC Investigates reported on an 18-year-old student who says she was sexually assaulted at a fellow student's home just off campus last September. Her identity is protected by a publication ban.

She said she went to MUN's sexual harassment office that same afternoonbut felt the employee of the office was not supportive and discouraged her from going to police.

The studentlater went to the Royal Newfoundland Constabulary. Policecharged a 20-year-old male student with assault, sexual assault and choking during a sexual assault. He has not yet entered a plea.

The university has placed conditions on the male student, ordering him to go to class or exams by the most direct route and leave campus immediately afterwards. But his alleged victim believes those conditions don't go far enough.

IsabelOjedaof the Memorial University of Newfoundland Students' Union says a focus on procedural fairness for the accused can mean the needs of the survivor are left out of the conversation.

And she believes responsibility to address the issue does not just include theuniversity.

"I think that we need to see a commitment from our governments and the larger institution leaders, beyond the sexual harassment office itself, to commit to these issues and [rectify] them," said Ojeda.

A brown-haired woman is wearing glasses and a grey sweater. She is leaning on a railing.
Isabel Ojeda is the MUN students' union's executive director of campaigns. The St. John's resident is in her fourth year of political science studies. (Terry Roberts/CBC)

Ojeda is one of several representatives from Canadian universities who participated in a report released last August titledOur Campus, Our Safety. It laid out an action plan for universities and governments to address and prevent sexual violence on campus.

Newfoundland and Labrador does not have legislation requiringpost-secondary institutions to have standards and education in dealing with sexual violence. It is one of few such jurisdictions, along withSaskatchewan, New Brunswickand the territories.

The Department of Education said it does not have plans to legislate post-secondary institutions because MUN and the College of the North Atlantic already havea sexual harassment policy.

Academy Canada and Eastern Academy have developed standalone sexual harassment and sexual violence policies in addition to a code of conduct policy, the department noted.

Lela Evans, NDP MHA for Torngat Mountains, raised the CBCNews story outlining the 18-year-old student's experience during question period at the House of Assembly on Tuesday.

Evans said it illustrated thatMUN is failing victims of sexual assault andadded the government has a role to play as well.

"What I want to make sure is that thereisn't a culture of protecting the establishment, the university, at the expense of students," Evans told reporters after question period.

Education Minister John Haggie said stressed that MUN is autonomousand has its own sexual harassment and assault policies in place.

"There's obviously some disagreement over how effective those are, and I'm sure that Memorial will be reviewing those in the light of this event," Haggie told reporters.

Hundreds of consultations

The 18-year-old student whom CBC interviewed is one of hundreds of people who have gone to MUN's sexual harassment office over the last number of years.

CBC News requested data on the number of consultations and complaints theoffice has handled,as well as the number of sexual harassment and sexual assault complaintsreceived by campus enforcement.

Data from campus enforcement is also included in the totals provided by the sexual harassment office, according to MUN.

The numbers show between 2017 and 2022, about one in five people who sought a consultation filed a formal complaint.

"It didn't so much shock me because I am very aware of the prevalence of sexual violence on campus," saidOjeda. "In addition to being a member of the student union, I am also a student in general and I know it is [a] very prevalent issue.

The data obtained through an access-to-information request does not include outcomes of the complaints.

Ojeda said she is concerned that the office does not have the capacity to deal with these issues. The union has heard complaints that the office lacks a trauma-informed approach, she said.

MUN's policy on sexual harassment and sexual assaultaims to prevent and provide education on sexual assault and harassment, address sexual violence when it occurs, identify methods for resolutionand mitigate the efforts of harassment and assault.

The office is staffed by three people in St. John's, with an advisor, associate advisor and administrative co-ordinator. There is a part-time co-ordinator at the Grenfell campus in Corner Brook.

In a statement, the university said staff are hired based on their education and experienceand current staff have "have extensive education and experience in trauma-informed practice."

"The staff provide a number of services, from providing anonymous or confidential consultation, resolutions, information, resources and referrals. Not all people who use the sexual harassment officehave a complaint," university spokesperson Dave Sorensen said in an email.

"We acknowledge that nationally, sexual assaults are underreported by survivors. Students who attend the office are provided all options but some wish not to file a complaint and undergo the investigation process."

Read more from CBC Newfoundland and Labrador