SFU's Investigative Panel Report Seriously Flawed in Liam Donnelly Case

Contact:

David Finley
Simon Fraser University, (604) 291-4604, Email: finley@sfu.ca

Release Date: 5 August 1999

Vancouver, BC >>>Simon Fraser University's (SFU) 1997 dismissal of swim coach Liam Donnelly on sexual harassment charges was grievously mishandled by senior administration and University counsel and was based on a wholly inadequate Investigative Panel Report says a new paper, "The Trial of Liam Donnelly: Conviction by Prejudice" written by SFU professor David Finley and released today by The Fraser Institute. Finley contends that the problems are far deeper and more extensive than SFU has admitted.

"What follows [from the Donnelly case] might well be a cautionary story for many universities, organizations, and societies who imagine that their own arrangements are satisfactory" says Finley. "The issues reach far beyond the administrative foibles of one university."

Finley contends that the findings of Donnelly's guilt were determined by a Panel Report analysis that was incompetent, unfair, and prejudiced. Further, the Panel Report displays no substantive evidence of Donnelly's guilt, and evidence that should have been present were the charges true was conspicuous by its absence. All these problems are obvious on a careful reading of the Panel Report; no appeal to information supplied by Donnelly is needed to establish the deficiencies.

Further, Finley says there were numerous substantive violations of Donnelly's rights, only some of which have been admitted by SFU. These violations included the introduction of new charges during the hearings, assumptions of guilt, conflicts of interest, admission of blatantly irrelevant and prejudicial testimony, illegal and biased selection of Panel members, various forms of special preferential treatment of the complainant, and concealment of exculpatory information.

The author cites statements of the accuser, which indicate that she had lied in her written submissions to the harassment office and therefore was not a credible witness. This lack of credibility is proved solely from the statements themselves, which were received by SFU a full year before the dismissal of Donnelly.

The paper argues that the dismissal of Donnelly was an unconscionable action and that the persecution of the swim coach was driven by ideological blight.

"The unjust conviction, dismissal, and denunciation of Donnelly were due in general to political correctness and to biases in favour of women and students," says Finley, noting that the process was fraught with prejudice and special agendas that ran contrary to both academic freedom and due process.

"One possible benefit from this study is to avoid the mistakes that were made in the Donnelly case," states the author. Accordingly the paper sets forth some basic principles that could prevent future disasters. "This is not a full prescription, but a list of necessary safeguards suggested by the Donnelly case. This list could be useful in evaluating existing policies at many universities," Finley continues.

Although Donnelly was ultimately reinstated, Finley argues that his dismissal was undertaken with knowledge of numerous known major violations of fair procedure as well as no real evidence of the guilt of the accused. Finley further argues that SFU has not gone nearly far enough in rectifying the wrongs that were committed. "The ethical failure is immense," he concludes.

Established in 1974, The Fraser Institute is an independent public policy organization based in Vancouver.

For further information, or for a copy or Liam Donnelly's Conviction by Prejudice: Lessons for Harassment Policy contact:

Suzanne Walters, Director of Communications,

The Fraser Institute, (604) 714-4582,
Email suzannew@fraserinstitute.ca

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