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                  <text>News

The McGill Daily, Monday, October 20, 2008

Shannon Kiely

The McGill Daily

S
Ben Peck / The McGill Daily

Harassment
policy reviewed

SACOMSS hopes survivors can appeal policy decisions
Lendon Ebbels

The McGill Daily

M

cGill’s policy sexual harassment is up for review this
year for the first – and perhaps only – time in its existence.
Adopted in December 2005, the
policy, called Harassment, Sexual
Harassment, and Discrimination
Prohibited by Law, outlines the process by which members of the McGill
community – students, employees,
and office holders – can file and
resolve a complaint of harassment,
sexual harassment, or discrimination.
But since it is mandated to only
undergo a review in its third year of
existence, with no provision for future
reviews, the stakes are high within
the McGill Senate working group.
The Sexual Assault Centre of
McGill Students’ Society (SACOMSS),
urged the body to focus on revising
the definition of sexual harassment
in a document submitted to the
working group.
The current definition of sexual
harassment requires “intent, in whole
or in part.”
“We want to focus on the effect of
the situation because that’s most relevant to the survivor, as opposed to
intent, which is more relevant to the
perpetrator,” said SACOMSS external
coordinator Becky Harris.
According to SACOMSS, regardless of intent, the effect is still sexual
harassment if that’s how the survivor
perceives it.
Professor William Foster, Assistant
Provost Policies and Procedures, who
is chairing the group, said they will
discuss the definition “intent.”
“It can have a significant impact,”
Foster said. “The issue of intent will
be looked at.”
He noted the difference between
subjective intent, defined as delib-

erate and conscious, and objective
intent, the way a reasonable person
would interpret conduct regardless
of intent to sexually harass.
SSMU president Kay Turner was
concerned that decisions on sexual
harassment cases effectively lie in the
hands of two people.
According to current policy, a member of the McGill community may file
a complaint against another member
to an assessor – an appointed administrator or academic. The assessor
then attempts to facilitate a mutually
agreeable informal resolution, but if
the agreement fails, the assessor then
recommends or discourages disciplinary action to the Provost. They in
turn can render whatever disciplinary
measures they see fit without having
met the parties involved.
“It would be better for complaints
to go through some sort of group of
people,” Turner said. She also criticized the current system’s lack of a
mechanism for appeals.
“My perception is that this is not
an optimal policy. There are better
ways it could be shaped for all parties
involved, specifically in the review of
complaints and the appeals process,”
Turner said.
SACOMSS’s letter shared Turner’s
sentiments and suggested the working group create a provision for
appeals.
If parties agree to an informal
resolution – such as a formal written apology or switching residences
– they waive any right to external or
further internal recourse. The survivor is therefore unable to sue the perpetrator in a court of law, or take any
other course of action should they
change their mind. If the decision
goes all the way to the Provost, the
survivor must go through a grievance
procedure to appeal the decision.
SACOMSS representatives have
been invited to the next working
group meeting.

SMU councillors voted overwhelmingly against adopting
as policy for the remainder of
the academic year the six General
Assembly (GA) motions that failed to
reach quorum at the event and in the
subsequent online ratification.
SSMU President Kay Turner
argued in Thursday’s meeting that
Council could justifiably adopt the
policies on its own initiative, based
on what she said was high participation in the online ratification.
“It’s rare for us to get that number, and it would be a huge waste to
throw it away,” Turner said.
By-laws adopted last fall require
GA motions passed with fewer than
two per cent of SSMU members in
attendance – 397 students – be submitted for ratification online over the
following two days. Only 250 showed
up to the GA, with no more than 110
present at any one time.
But the online vote also failed to
reach its quorum – set at 15 per cent of
SSMU membership – with only 1,669
students – 8.4 per cent – voting online.
Club rep Cameron McKeich supported Turner’s motion and was satisfied with the GA turnout. He said
voters were part of a core group of
interested students that SSMU would
have trouble expanding.
“The constitution is a malleable
document. There’s no point in defending a process that’s clearly broken,”
said McKeich. “To ignore that input
because of a technicality would take
away the integrity of the GA.”
Many councillors objected to bending
SSMU constitutional by-laws. Engineering
representative Manosij Majumdar was
worried the motion would set a dangerous precedent for rejecting quorum.
“That would be like winning a video
game by reprogramming it,” he said.
Turner maintained the motion
respected SSMU’s constitution,

News
brief
Int’l tuition hikes opposed
Over 30 students from different
Quebec universities protested the
provincial deregulation of international tuition outside of the Quebec
City summit of the Organisation
Internationale de la Francophonie
(OIF) on Friday.
Most participants were graduate students from the universities
of Sherbrooke and Laval, according
to Joel Pedneault, U2 Anthropology.
SSMU bussed ten McGill students
to Quebec City. Many students were
from francophone countries, particularly Haiti and Senegal.

claiming that SSMU Council is a separate body allowed to set policies.
Turner argued that the bylaws
were nonsensical, and suggested
amending them to avoid future
grey areas in quorum debates. She
stressed the GA motions would be
voted on again at the Winter GA
regardless of Council’s decision.
Alexandre Shee, the Law Student
Association’s VP External, wondered
what number of votes Council considered sufficient for creating SSMU
policy if quorum is to be ignored.
“Should we listen to the silent majority or the vocal minority? Maybe some
students read the motions and decided
they weren’t interested,” he said.
Devin Alfaro, SSMU VP External,
thought the eight per cent of students
who voted online was a substantial
number compared to the 29.8 to 35.8
per cent voter turnout in the last four
SSMU elections, given that GA by-laws
prohibit campaigning and restrict the
voting period to 48 hours following
the GA. He added that there are typically about 100 people actively campaigning to encourage voter turnout
over the six-day election periods.
Engineering
representative
Courtney Lessard objected to the
motion based on the contention over
certain GA question and the razorthin margin with which those questions passed at the event.
Alfaro hoped the motion would
help SSMU improve on the criticism
it most often meets – that it doesn’t
prioritize student consultation, as
was the case last spring, when SSMU
informed The Tribune they would
force the newspaper into independence only two days before the
motion went to council.
“The [GA] system is broken, and
this is an interim, band-aid solution.”
While Council debated, VP Finance
&amp; Operations Tobias Silverstein giggled and whispered with Tribune
editors in the gallery. He returned
to his seat at the table when it came
time to vote.

Speeches focused on French
nations’ access to French education.
“One student said he wouldn’t be able
to come from his third-world country to the University of Sherbrooke if
tuition was so high,” said Pedneault.
OIF aims to promote access to
education in French speaking countries – particularly African ones,
making the location of the protest
particularly poignant. Accordingly, in
theory the OIF should be opposed to
economic barriers like tuition hikes.
But Pedneault said their speeches
were heard by police rather than delegates of the conference.
“There were more police at one
point than actual students – though
that was because of the summit,” he
said. “We had loudspeakers, but we
don’t know if they heard us behind
the barricade.”
– Erin Hale

What’s the haps

SSMU shelves GA motions

5

Peace Talks and Israel’s
Control of Palestine
Monday, October 20, 7 p.m.
QPIRG building, 3647 University
Jesse Rosenfeld, a McGill
graduate in International
Development Studies, is
now a journalist based in
Ramallah, Palestine. His presentation focuses on Israel’s
occupation of Palestine following the Annapolis peace
negotiations. No cost.
Garbage Man screening
Tuesdsay, October 21, 8 p.m.
3475 Peel, Room 101
McGill Cinema Politica
screens Oliver Hodge’s
Garbage Man, an examination of Michael Reynolds’
“earth biotecture” advancement for producing thermal
mass and energy-independent housing in New Mexico.
It’s free kids.
McGill Bookfair
Tuesday, October 22, 9 a.m. - 9 p.m.
Redpath Hall
The Women Associates
of McGill and the McGill
Women’s Alumnae
Association host their 37th
annual book fair raising
money for student scholarships. Books start at 25-cents.
Women in Academia: 21st
Century Challenges
Thursday, October 23, 6 p.m.
Otto Maass Chemistry Building, Room
112
Dr. Evelynn Hammonds,
the Dean of Harvard College,
and Barbara Gutmann
Rosenkrantz, professor of the
history of science, will give
the Muriel V. Roscoe Lecture
on challenges women face in
academia. Admission is free.
Where are the wild things?
Thursday, October 23, 6:30 p.m.
AUS lounge, Leacock basement
The Fine Arts Council is
hosting a photography exhibit of work by McGill students.
Admission is free, and as it
is part of AUS’s weekly pub
night, beer and wine will be
sold.
Green Business Week –
Sustainable design
Thursday, October 23, 6 p.m.
Bronfman Building, Room 451
Eco-entrepreneur Cheryl
Gladu, co-founder of ECOCITÉ
– the people who brought
you Habitat 1 – speaks on
aggressively green, innovatively designed urban housing. The event is part of a
week-long Green Business
Week organized by Shaping
Tomorrow’s Organizational
Practices. Free.
Send your non-profit event
details to news@mcgilldaily.
com with “haps” in the subject

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