University of British Columbia student Stephanie Hale, 22, poses for photograph in Kamloops, B.C., on Thursday, October 20, 2016. Hale has filed a complaint with B.C.’s Human Rights Tribunal alleging the university failed to take action after she reported a sexual assault, leading her to struggle in class and take indefinite medical leave. THE CANADIAN PRESS/Jeff Bassett

University of British Columbia student Stephanie Hale, 22, poses for photograph in Kamloops, B.C., on Thursday, October 20, 2016. Hale has filed a complaint with B.C.’s Human Rights Tribunal alleging the university failed to take action after she reported a sexual assault, leading her to struggle in class and take indefinite medical leave. THE CANADIAN PRESS/Jeff Bassett

B.C. Supreme Court to decide if human rights complaint against UBC Okanagan stands

Former student who alleges the school mishandled her sexual assault complaint

A judge reserved his decision Monday on whether to quash a human rights tribunal decision after hearing arguments from lawyers for the University of British Columbia and a former student who alleges the school mishandled her sexual assault complaint.

The school’s Okanagan campus wants the court to throw out a 2018 decision by the B.C. Human Rights Tribunal, which found partly in favour of Stephanie Hale. It denied the university’s application to dismiss her complaint last year.

Hale claimed in her complaint that she experienced discrimination on the basis of sex and disability after she reported the alleged assault to various university employees starting in January 2013 and they failed to direct her to the relevant resources.

The tribunal accepted part of the complaint against the university for a contravention of the Human Rights Code between February 2016 and March 2017 when Hale was going through the school’s non‐academic misconduct process.

The tribunal dismissed the other parts of Hale’s complaint related to events before February 2016, noting it was filed outside a six-month limitation period.

The Canadian Press does not typically identify complainants in cases of sexual assault, but Hale wants her name used.

She says in documents filed with the tribunal that she was sexually assaulted by a fellow student in January 2013. The student has denied the allegations, saying what happened was consensual.

READ MORE: UBCO fails to have sexual assault case thrown out

Clea Parfitt, Hale’s lawyer, argued Monday that there is a connection between the harm Hale says she experienced during the university’s handling of the alleged assault and her identity as a woman.

Parfitt said case law defines adverse impact discrimination as occurring when a seemingly neutral law, policy or procedure has a disproportionate affect on a protected group.

She also said the tribunal considered evidence that showed the school’s processes were harmful to Hale, while the university itself acknowledged that its procedures could have been better.

Michael Wagner, a lawyer for the school, told the court that UBC Okanagan agrees women are disproportionately victims of sexual assault, but he argued the case hinges on access to institutional systems or process rather than adverse impacts.

Justice David Crossin has reserved his decision until at least Friday, when lawyers for the school are expected to make another submission after reviewing a case relied on by Parfitt.

Hale reported the alleged assault to a residence adviser a week after she says it happened. Tribunal documents say she was directed to a campus medical facility, where she was not physically examined.

She says university employees she talked to in the weeks after the alleged incident failed to provide her with full information about the options open to her, including referring her to the school’s equity and inclusion office or its policies on sexual harassment.

Hale complained to the tribunal that contact with her alleged attacker in class contributed to her declining mental and physical health before she left the program in December 2015.

She was also diagnosed with anxiety after the incident.

The tribunal documents show Hale was referred to UBC’s equity and inclusion office in Vancouver in February 2016 after she reported the alleged assault to the dean of engineering the previous April.

In March 2016 she was told campus security would investigate the alleged assault. Its report was referred to the school’s non-academic misconduct committee.

Hale’s complaint to the tribunal says Hale found that process discriminatory and unduly demanding.

The committee met without Hale in November 2016 after her psychologist recommended she should not participate because she didn’t trust the process. University president Santa Ono dismissed Hale’s complaint against the other student in February 2017, citing a lack of evidence.

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

BC Supreme CourtUBC

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A city hall source said the grant will go toward Grand Forks’ budget for 2021. Photo: Laurie Tritschler
Province, feds give Grand Forks ‘COVID Re-start’ grant

The funds come with spending directives, transparency requirements

Grand Forks’ Roly Russell met with The Gazette after he was named Parliamentary Secretary for Rural Development Thursday, Nov. 26. Photo: Laurie Tritschler
NDP’s Roly Russell named secretary for rural development

Russell formerly represented rural Grand Forks on the Regional District of Kootenay Boundary’s elected board

RNG plant
Construction on ground-breaking RNG plant in Fruitvale set to go in spring 2021

REN Energy partners with Calgary engineering firm for innovative West Kootenay gas plant

Katrine Conroy’s swearing in ceremony. Photo: Kootenay West Katrine Conroy Facebook
Forestry Minister West Kootenay MLA Katrine Conroy talks about her new role

Conroy will also oversee Columbia Basin Trust, Columbia Power Corporation and Columbia Basin Treaty

COVID-19. (Image courtesy CDC)
47 new COVID-19 cases in Interior Health region

1,538 total cases, 399 are active, ten in hospital

From the left: Grand Forks sculptor David Seven Deers, Rotary Club President Grant Hill and Shinning Raven Woman Council member Regina Burrows pose for The Gazette at Seven Deers’ 9th Street studio Friday, Nov. 27. Photo: Laurie Tritschler
Grand Forks Rotarians raise money for Shining Raven Woman project

President Grant Hill said the Rotary Club “had to be a part of it”

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Deputy Prime Minister and Minister of Finance Chrystia Freeland listens to a question from a reporter on the phone during a news conference in Ottawa, Monday, Nov. 30, 2020. THE CANADIAN PRESS/Adrian Wyld
Spending too little worse than spending too much, Freeland says as Canada’s deficit tops $381B

‘The risk of providing too little support now outweighs that of providing too much’

Still from a video surveillance camera of a man alleged to have stolen from several people at knife-point in Chilliwack (Rosedale) early on Nov. 28, 2020. (Facebook)
B.C. man defends his family against intruder, saves neighbour while wielding hockey stick

RCMP looking for footage that captures violent crime spree in Chilliwack

Jim Neufeld, 55, was last seen leaving his home in Penticton Jan. 21, 2009. (RCMP photo)
Human remains found off U.S. coast in 2009 identified as Penticton man

Jim Neufeld, 55, was last seen leaving his home in Penticton Jan. 21, 2009

Mary Ellen Turpel-Lafond speaks to a reporter in Vancouver on November 13, 2015. (THE CANADIAN PRESS/Darryl Dyck)
No evidence that B.C. ER staff played blood alcohol level game, but Indigenous racism ‘widespread’

Mary Ellen Turpel-Lafond releases findings of independent investigation

(Dave Landine/Facebook)
VIDEO: Dashcam captures head-on crash between snowplow and truck on northern B.C. highway

Driver posted to social media that he walked away largely unscathed

Menno Place. (Google Street View image.)
B.C. care home looks to hire residents’ family members amid COVID-19-related staff shortage

Family would get paid as temporary workers, while having chance to see loved ones while wearing PPE

B.C. Finance Minister Carole James and Premier John Horgan announce $5 billion emergency fund for COVID-19 unemployment and other relief, B.C. legislature, March 23, 2020. (B.C. government)
Carole James stays on to advise B.C. Premier John Horgan

Retired finance minister to earn a dollar a year

Most Read