Former McMaster student sues university, alleging sexual misconduct by profs in psychology, neuroscience and behaviour department
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A former McMaster student is suing the university, saying it is liable for the alleged sexual advances, sexual harassment and sexual assault she was subjected to by professors.
According to a statement of claim filed in a Hamilton court on Jan. 13, the plaintiff, a McMaster PhD graduate, alleges she was subjected to sexual advances, sexual harassment and sexual assault and battery" by faculty members in the Department of Psychology, Neuroscience and Behaviour from 2013 to 2018. The 13-page statement of claim alleges McMaster was aware, or should have been aware, of the sexual harassment, discriminatory behaviour, (and) other damages" she experienced.
The allegations have not been tested in court.
McMaster University, named as the only defendant in the lawsuit, filed a notice of intent to defend on Feb. 2.
The university is in the process of defending the action and all other information will be part of the court proceedings," university spokesperson Wade Hemsworth told The Spectator this week.
The Spectator is not naming the plaintiff as she is an alleged victim of sexual assault and her statement of claim includes a request to anonymize her name. Her lawyer, Mark Donald, said he had no comment when reached by The Spectator.
McMaster professor Scott Watter is one of the four Department of Psychology, Neuroscience and Behaviour (PNB) faculty members named in the document, but not listed as a defendant. Hamilton police charged Watter in June with sexual assault and sexual assault causing bodily harm involving a different female student in 2017. His case is slated to go to trial in August.
Neither Watter nor his lawyer responded to The Spectator's requests for comment.
The statement of claim alleges Watter made sexual advances" towards the plaintiff, including comments that he was sexually attracted to her; asking what she was willing to do as a Catholic girl'; asking if she was looking for a daddy'; asking about her romantic and sexual relationships; informing her that he was into daddy-daughter/student-teacher' sexual scenarios." He also provided her with a USB of explicit and pornographic songs," the statement of claim alleges.
She alleges he sexually assaulted her. Among other things, Dr. Watter, for example, stroked her hair, placed his hand on her upper thigh and tried to hold her hand," the statement of claim alleges.
The Spectator requested comments from the three other faculty members mentioned in the lawsuit but did not hear back.
It's not clear if the plaintiff went to police with her allegations. Police confirmed Thursday there are no further charges against Watter and no other investigations into McMaster faculty members are ongoing.
The statement of claim goes on to allege another male professor sexually harassed and intimidated the plaintiff. He allegedly gave her additional alcohol at an event, despite knowing she was drunk, and flirted with her. After the event he allegedly contacted her, asking to meet up."
Two other professors, a man and a woman, are alleged to have harassed and intimidated the plaintiff.
The plaintiff alleges McMaster inadequately monitored and policed" the alleged assaults and sexual harassment. The chair of the department was allegedly informed of inappropriate conduct. McMaster did not act reasonably, or at all to protect her or hold the offending employees responsible."
The Defendant's employees made (the plaintiff) feel uncomfortable, afraid, and without dignity on account of her sex," the document alleges.
The statement of claim further alleges the plaintiff is one of the individuals impacted by the cultural and systemic issues" present within the PNB department. The school environment has not been addressed" and has enabled McMaster employees to damage students ... with impunity."
As a result of McMaster's wrongful conduct," the lawsuit alleges, among other things, that the student has suffered from depression; has questioned her self-worth and become insecure about her sex because professors dehumanized, humiliated her, disrespected her and made her feel inferior"; has trouble sleeping; suffers from intense feelings of anxiety and mortal fear"; has an inability to concentrate; has an inability to trust others; has flashbacks of assaults, harassment, discrimination and alienation"; has lost enjoyment of life; has difficulty with relationships; and has lost income.
She is suing for upwards of $770,000, including for damages pertaining to battery, sexual assault and breach of fiduciary/trust duty in the amount of $550,000; damages for dignity and self-worth in the amount of $120,000; and punitive and aggravated damages in the amount of $100,000.
The PNB department was the subject of a climate review launched by McMaster in July 2020 in the wake of serious allegations of sexual violence and harassment. The review, conducted by Toronto law firm Rubin Thomlinson LLP, uncovered systemic and cultural issues" within the department, which created a degree of complacency" that let inappropriate behaviours go unchecked."
The university also launched separate investigations into seven individuals connected to the department - four faculty, two staff and one grad student - after allegations of sexual violence, discrimination and harassment came to light. The Spectator has confirmed three of the faculty members, including Watter, are those named in the lawsuit. Last month, the university said four probes were complete but would not speak to the findings.
One staff member who was the subject of a McMaster investigation, Christopher McAllister, was charged by police last week with sexual assault relating to an alleged incident involving a female student in 2010. McMaster's investigation into McAllister deemed the sexual assault allegations against him were not substantiated. He was found to have not violated any university policies. He is now on administrative leave, McMaster confirmed last week.
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.
Katrina Clarke is a Hamilton-based reporter at The Spectator. Reach her via email: katrinaclarke@thespec.com