B.C. Human Rights Tribunal to hear complaint against UBC Okanagan

UBC Okanagan tried to cease the tribunal from listening to the grievance, which alleges the college mishandled a report of sexual assault in 2013.

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A B.C. Human Rights Tribunal listening to is ready to start out Monday after the B.C. Supreme Courtroom just lately dismissed a petition to stop it from deciding on a grievance from a former pupil on the College of British Columbia.

The college’s Okanagan campus had sought to cease the tribunal from listening to the grievance filed by Stephanie Hale, who alleges the college mishandled her report of sexual assault by one other pupil in 2013.

The opposite pupil has denied the allegation, saying what occurred was consensual.

The tribunal had agreed to listen to a part of Hale’s grievance for an alleged contravention of the Human Rights Code between February 2016 and March 2017, when she was going via the college’s course of for dealing with experiences of non-academic misconduct.

The varsity unsuccessfully petitioned the court docket in 2019 to quash that call, arguing partly that the tribunal didn’t correctly confine itself to the proof earlier than it.

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The tribunal had already dismissed different components of Hale’s grievance regarding occasions earlier than February 2016, as a result of they had been filed after a six-month limitation interval.

A tribunal doc says Hale discovered the non-academic misconduct course of unduly demanding and he or she was involved concerning the lack of coaching by committee members to make non-discriminatory choices.

The Canadian Press doesn’t sometimes determine complainants in circumstances of sexual assault, however Hale needs her title used.

Hale reported the alleged assault to a residence adviser per week after she says it occurred and he or she was directed to a campus medical facility, the place she was not bodily examined, the tribunal doc says.

Hale says she was not referred on the time to the college’s insurance policies on sexual harassment and non-academic misconduct.

She says contact along with her alleged attacker in school contributed to her declining psychological well being earlier than she left her engineering program in 2015.

Hale was referred to the fairness and inclusion workplace in February 2016, the doc says, and he or she was later instructed campus safety would examine and ahead its report back to the committee.

It says Hale discovered “having to interact in continuous advocacy for herself” made the method unduly demanding and hectic, and he or she argues it was not in line with Human Rights Code necessities.

The committee later held a listening to with out Hale after her psychologist suggested she shouldn’t take part as a result of she didn’t belief the method.

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Hale was instructed in March 2017 that the committee didn’t discover on the stability of possibilities that her alleged attacker had engaged in misconduct.

With the opposite pupil cleared of wrongdoing, the tribunal doc says, Hale didn’t return to campus.

“She states she was not capable of belief the college to offer a secure, harassment-free and assault-free instructional atmosphere,” it says.

The tribunal had agreed thrice to adjourn hearings over Hale’s grievance, pending the end result of the judicial evaluate, however a call launched two days earlier than the court docket dismissed the college’s petition final month discovered a fourth adjournment would have been unreasonable and unduly prejudiced Hale.

This story was produced with the monetary help of the Fb and Canadian Press Information Fellowship.

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