Whisper Network: Calls for change to campus sexual violence policies are going unheeded

Advocates, survivors and experts say sexual violence policies at Ontario's post-secondary institutions are inconsistent and not centred on supporting survivors.

They are calling for change to laws overseeing policies, but the province isn't budging.

What needs to happen, say advocates, is an overhaul of the province's Bill 132, the Sexual Violence and Harassment Action Plan Act. The 2016 bill set a precedent by requiring universities and colleges to create standalone policies for sexual violence. But critics say it was rushed, lacked sufficient consultation and remains vague in what it requires of post-secondary institutions, leaving policy gaps in protections for survivors and variance from school to school.

Bill 132 is a disaster," said Dawn Moore, an associate professor of law and legal studies at Carleton University who was part of a team that produced a province-commissioned study on campus sexual violence in 2016. We got a slapdash initiative at every campus."

Moore said all" of the bill needs to change.

The calls come in the wake of a months-long Spectator investigation into McMaster University's handling of sexual violence on campus. Survivors told The Spec that McMaster's policies and investigations fail them and a whisper network" keeps them informed about the university's shortcomings. The very existence of a whisper network is proof policies don't protect survivors, one advocate says.

The university itself uncovered systemic and cultural issues," as well as allegations it ignores sexual violence, within its Department of Psychology, Neuroscience and Behaviour this year. In July, McMaster launched a climate review" of the department following serious allegations of sexual harassment and assault. One department professor, Scott Watter, was arrested and charged with sexual assault and sexual assault causing bodily harm involving a female student. His case remains before the courts.

McMaster says it is committed to working proactively" to combat sexual violence on campus. Even so, it has steadfastly resisted survivors' calls for a review of the university's sexual violence policy.

What is Bill 132?

Bill 132 set a precedent in 2016 by requiring post-secondary institutions to have independent sexual violence policies. But critics say that only goes so far in protecting survivors and holding perpetrators to account.

The bill is a really good piece in terms of it's a symbolic gesture ... where it's acknowledging sexual violence is an issue on campus," said Maddie Brockbank, a PhD student at McMaster who studies sexual violence policies at post-secondary institutions. But at the same time, it doesn't fully standardize standalone sexual violence policies ... they have some parameters but they're incredibly vague."

The law states: every university or college must have a sexual violence policy which addresses sexual violence involving students enrolled at the college or university" and sets out the process for how the college or university will respond to and address incidents and complaints of sexual violence."

But it does not address the specifics of what must - or must not - be included in individual policies.

Lakehead University, for instance, has a policy that suggests people who make sexual violence complaints in bad faith" may be punished. Others do not. Some, such as Ryerson University, acknowledge the existence of rape culture in its policy. Others, including McMaster, do not.

McGill University in Quebec has a policy that sexual violence investigations must be complete within 90 days. McMaster reviews investigations at the six-month mark.

What needs to change?

Advocates differ in some respects when it comes to what needs to change - in law and in policy - and how.

Moore wants Bill 132 completely overhauled, rejecting any notion that it was ever focused on protecting survivors. She calls it a good photo op" for the then-Liberal government.

Any new law, she says, should come after extensive consultation with survivors and should focus on prevention, education and survivor supports, not just better investigations. What survivors overwhelmingly told her research team five years ago: they want better one-stop-shop" supports - an end to the struggle of trying to navigate the labyrinth of university supports.

Other groups, such as Students for Consent Culture Canada (SFCC), are now focusing their advocacy work on efforts to combat the societal problem of rape culture, though they don't dispute there's room for legislative improvement.

Victoria DePaulo, a former McMaster student and sexual assault survivor, called updates to Bill 132 essential."

The update to Bill 132 is essential as survivors, such as myself, face so many barriers when it comes to seeking justice," DePaulo said. She specifically wants rape shield" policies in place preventing universities from probing students' sexual pasts and for survivors to be told what punishment perpetrators face.

Specific calls to action - by Brockbank, by Moore, by survivors and by advocacy groups, including Students for Consent Culture Canada - to improve policy and guarantee consistency across Ontario post-secondary institutions include the following:

• Rape shield protections preventing investigators from bringing up survivors' sexual past.

• Investigation time limits - 90 days ideally.

• Banning retribution against complainants, including punishment for drinking underage or for making claims in bad faith."

• Banning gag order" confidentiality policies which prevent survivors from speaking out about the assault or from speaking with potential witnesses - including friends.

• Survivors should be told what sanctions their perpetrator is facing.

• Survivors should have a say in who investigates their claims.

• Grassroots feminist groups, such as sexual assault support networks, should be involved in the investigative process.

• Supports that are streamlined and do not see survivors bounced around university offices.

• Mandatory and ongoing anti-sexual violence education on campus.

The Ministry of Colleges and Universities did not respond specifically to the calls for action, but says post-secondary institutions must do everything possible to address the issues of sexual violence on campuses."

The government believes that no one should have to worry about sexual violence on or off campus and has a zero tolerance for sexual assault, harassment and any other forms of violence in our communities," said a spokesperson in a statement.

The province says it took action" in 2019 by requiring all universities and colleges to share how many sexual violence reports they receive. It also required all post-secondary institutions create a task force on sexual violence.

The fight against rape culture

The calls for change and criticism that universities fail to protect survivors are nothing new, said Sam Rockbrune, outreach co-ordinator with Students for Consent Culture Canada (SFCC).

Its exhausting," Rockbrune said of SFCC's ongoing fight for better sexual violence laws and policy at the federal, provincial and campus level.

She referenced a 2017 report called Our Turn: A National, Student-Led Action Plan to End Campus Sexual Violence," which ranked sexual violence policies at post-secondary institutions across Canada.

It came up with a national average grade of C-minus. McMaster was not included in the report.

It's kind of saddening to see, three-plus years later ... rape culture is still existing," she said, noting SFCC defines rape culture as a culture in which dominant ideas, social practices, media images and societal institutions implicitly or explicitly condone sexual assault by normalizing or trivializing sexual violence and by blaming survivors for their own abuse."

And when the push for change is routinely met with roadblocks or U-turns, it can be defeating," Rockbrune said. She's uncovered articles from the 1990s discussing the same issues SFCC is addressing now.

It seems like we get so far and we get a few things, the conversation dies down a little and then we have to restart with a new generation," she said.

Policy and law is important but cultural change - on campus and in society - is needed too, Rockbrune said.

Rape culture on campus is just a facet of rape culture in general," Rockbrune said. Until we implement wide-scale consent culture, it will always exist ... there's just no way around it."

Having good sexual violence policies is a bare minimum," Rockbrune said. From there, universities must strive to prevent violence in the first place and guarantee better supports for survivors when it happens, she said.

McMaster's associate vice-president of equity and inclusion, Arig al Shaibah, has acknowledged sexual violence is a societal problem," saying in a recent interview that institutions are microcosms of that society."

Listen to survivors

NDP women's issues critic, MPP Jill Andrew, said the province needs to pay attention to survivors' and advocates' demands.

It is crucial that government listen to and believe survivors," Andrew said. Any legislative changes should be reflective of the direct needs of survivors and their communities."

She added the government must ensure all legislation, motions or bills are not doing harm to the very Ontarians who need supports and protections."

Meanwhile, the very existence of a whisper network that shares information about sexual violence failures on campus - such as the one survivors at McMaster have referenced - is proof, says Brockbank, that current policies and legislation are letting survivors down.

A whisper network wouldn't exist if the university was safe enough for everyone to come forward when harm happens, and say, Something happened to me,'" she said.

Until better policies and laws are in effect, Brockbank says universities will keep letting survivors down over and over and over again."

Katrina Clarke is a Hamilton-based reporter at The Spectator. Reach her via email: katrinaclarke@thespec.com

See below for resources for survivors of sexual violence:

SACHA Sexual Assault Centre Hamilton and Area: 24-hour support line 905-525-4162; www.sacha.ca.

McMaster University Sexual Violence Prevention and Response Office: svpro@mcmaster.ca; svpro.mcmaster.ca.

McMaster Students Union Women and Gender Equity Network (WGEN): wgen@msu.mcmaster.ca; msumcmaster.ca/service/wgen.