Public Policy Sources 25:
Preface

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Founded, in part, in response to a growing Canadian penchant for the regulation of private behaviour, The Fraser Institute’s Social Affairs Centre has a mandate to examine the rationale behind, and the implications of, social policy initiatives. Within that broad framework, a number of topics related to post-secondary education are obvious research candidates; included among them is the issue of so-called "political correctness."

During the 1990s, the imposition of both official and implicit political correctness has meant the implementation by respective Canadian university administrations of policies (often billed as either "affirmative action" or "employment equity" guidelines) covering such important matters as the hiring and promotion of faculty, the admission of (and financial aid to) students, the acceptable limitations that may be placed upon free speech within the confines of the academic institution, and the conduct of both professional and personal relations between staff members and other members of the university community.

The latter regulations usually fall under the umbrella of "harassment policy" and seek to protect those staff and students who are potentially victims of coercive behaviour of a sexual or non-sexual nature instigated by a fellow member of the university community.

Without question, sexual harassment is an unconscionable violation of an individual’s right to study, work, compete, or socialize free of unwarranted physical attention. It is equally reprehensible, however, when unjustified accusations are made against innocent individuals. In such cases, the potential damage to the accused is multiplied when an investigating university misapplies its regulatory power. In the case study presented here, documenting Simon Fraser University’s 1997 dismissal of swimming coach Liam Donnelly on charges of sexual harassment, it appears that the dismissal was mishandled and based upon a flawed investigation.

The Fraser Institute, while dismayed at the apparent injustice bestowed upon Mr. Donnelly, is primarily interested in this case study as, to quote the author, "a cautionary story for many universities, organizations, and societies who imagine that their own arrangements are satisfactory."

It is The Fraser Institute’s expectation that other university administrations, once they avail themselves of the details of this case, will seek to reexamine the specific harassment policies in place at their respective institutions. Such anticipated conscientiousness may go a long way towards ensuring that Mr. Donnelly’s experience at the administrative hands of Simon Fraser University is an exception to the rule regarding the design, implementation, and application of harassment policy in Canadian universities. Accordingly, Prof. David Finley’s paper prescribes some fundamental principles that may prevent future personal and professional misery.

The author has worked independently and the opinions expressed in this Public Policy Source are, therefore, his own, and do not necessarily reflect the opinions of the members or the trustees of The Fraser Institute.

-- Patrick Basham, Director,
Social Affairs Centre, The Fraser Institute

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