McMaster says prof accused of sexual assault ‘abused his position’

Warning: This story contains sensitive subject matter, including details of sexual assault and self-harm.

McMaster University has decided a professor facing criminal charges of sexual assault abused his position" and engaged in behaviour that amounts to sexual harassment," according to an investigation decision letter obtained by The Spectator.

The letter recommends the university move forward with removal proceedings."

However, it also states that many allegations made by a female student complainant were not backed up by reliable evidence."

The investigation decision letter, dated June 24, shows the university deems Psychology, Neuroscience and Behaviour (PNB) professor Scott Watter did, on a balance of probabilities, violate university policies, including the sexual violence policy, the discrimination and harassment policy and the faculty code of conduct.

Specifically, it states Watter, 47, engaged in behaviour that amounts to sexual harassment." The letter states Watter was in a position of authority" over the complainant - a female grad student - and he abused his position of trust, power, and authority" because he knew she suffered from mental health issues" and relied on him for support in dealing with those issues."

The letter states that despite the clear power imbalance," Watter and the student engaged in a sexual relationship with BDSM (bondage, dominance/discipline, sadism/submission and masochism) elements."

Neither Watter nor his lawyers provided comment for this article.

The Spectator has spoken with the female student. She denies the two had a consensual sexual relationship.

Watter was arrested and charged with sexual assault and sexual assault causing bodily harm in June 2020. The alleged incidents took place in 2017 and involve the same female student involved in the McMaster complaints.

Watter's lawyer said at the time of his client's arrest the professor will be defending this matter fully and vigorously." The case is slated to go to a judge-alone trial in August.

All allegations addressed in McMaster's decision letter and the criminal case involve one female student. The Spec cannot name her due to a publication ban. The newspaper has spoken with her at length and reported her detailed allegations - including many that were also the subject of McMaster's investigation - in a May 2021 story.

McMaster did not respond to a request for comment. In a statement posted on the university's website Thursday, McMaster president David Farrar confirmed one of seven people connected to the PNB department and investigated by the university - all seven faced allegations involving sexual violence, discrimination and/or harassment - violated the university's sexual violence policy.

Farrar's statement said legal limitations do not allow for me to share the specific responses to individual issues."

In its probe of the student's claims in the Watter case, the university deemed there was insufficient reliable evidence" to back up many of the allegations, including ones pertaining to grooming and sexual assault. In some cases, the letter states the evidence does not support the claims in the manner" the complainant described.

The letter addresses the following in a summary of the investigator's findings:

• Grooming: While Watter provided advice and support" to the complainant and they drank alcohol together alone while she was in emotional distress, there is insufficient reliable evidence to find that this amounted to grooming." Dinners with Watter, his wife and the complainant's then-girlfriend were not used for the purposes of grooming," nor was she recruited by her then-girlfriend for the purposes of fulfilling the sexual desires" of Watter or his wife.

• An alleged forced kiss: The letter says there is insufficient reliable evidence to substantiate (the complainant's) evidence as to the circumstances of the kiss, the personal questions that Dr. Watter allegedly asked her about her sex life when he kissed her, or the comments that he allegedly made to her about his sex life in the park after the kiss happened."

• Alleged sexual assault: The complainant alleged Watter sexually assaulted her following a May 2017 dinner at his home. There is insufficient reliable evidence to find that Dr. Watter sexually assaulted (the complainant) on this occasion," the letter states. Regarding several other allegations of sexual assault, the letter states there is insufficient reliable evidence to find that (the complainant) was assaulted or drugged on any of these occasions." The letter says there is also insufficient reliable evidence to support allegations in the manner (the complainant) described" of a sexual and physical assault in Watter's basement in the summer of 2017. There was also insufficient reliable evidence to support allegations in the manner (the complainant) described" of sexual and physical assault in Watter's car in the summer of 2017.

• Alleged sexual assault and self-harm: When the complainant engaged in serious self-harm" in April and May 2017, Watter went to her apartment so that he could counsel" her and treat her wounds." There is insufficient reliable evidence to find that Dr. Watter sexually assaulted (the complainant) on either of these occasions," the letter states. The complainant's allegation that Watter derived sexual pleasure from self-harm and treating her wounds" was deemed not substantiated."

• Suicide: Watter did not encourage (the complainant) to kill herself."

Susan Tighe, McMaster's provost and vice-president academic and the decision-maker" who signed the letter, recommended in the letter that the university initiate removal proceedings" regarding Watter's role with the university."

The complainant first reported allegations of sexual assault involving Watter to McMaster in February 2020. McMaster hired lawyer Katharine Montpetit of Rubin Thomlinson LLP to conduct the investigation, and others. A total of seven individuals within PNB were under investigation for allegations relating to the university's sexual violence and discrimination and harassment policies. All investigations are now complete.

In an interview with The Spectator, the complainant said she was not surprised" to learn McMaster deemed many of her allegations not substantiated. McMaster has investigated other claims she made against other individuals connected to the PNB department and deemed her claims not substantiated and that the people she complained about did not violate university policies.

She was glad to learn the university is suggesting it will move forward with removal proceedings."

Him being fired is the absolute least that the university should be doing," she said.

Resources for survivors of sexual violence:

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

SAVIS (Sexual Assault and Violence Intervention Services of Halton): 905-875-1555.

Sexual Assault/Domestic Violence Care Centre at Hamilton Health Sciences: 905-521-2100 ext. 73557.

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

McMaster's student-run Women and Gender Equity Network (WGEN): wgen@msu.mcmaster.ca; msumcmaster.ca/service/wgen.

Resources for those who may be thinking of suicide or self-harm:

Crisis Outreach and Support Team (COAST), a partnership between St. Joseph's Healthcare mental health workers and specially-trained Hamilton police officers: 24-7 crisis line 905-972-8338 or toll free at 1-844-972-8338.

Good2Talk helpline for college/university students: 1-866-925-5454.

Kids Help Phone: 1-800-668-6868.

Canada's national suicide prevention helpline: 1-833-456-4566.

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